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UNOFFICIAL DOCUMENT - CONSOLIDATED VERSION
July 11, 2022
DISTRICT OF SOOKE
BYLAW NO. 485
CONSOLIDATED FOR REFERENCE
JULY 11, 2022
BYLAW NO. 485, NOISE CONTROL BYLAW, 2011
NOISE CONTROL AMENDMENT BYLAW NO. 856 (485-1), 2022
THIS BYLAW IS PROVIDED FOR REFERENCE PURPOSES ONLY AND IS NOT TO BE RELIED
UPON IN MAKING FINANCIAL OR OTHER COMMITMENTS. COPIES OF THE ORIGINAL BYLAW
AND AMENDMENTS MAY BE VIEWED AT THE DISTRICT OF SOOKE MUNICIPAL HALL.
A Bylaw to regulate or prohibit the making or causing of noise
in the District of Sooke.
The Council of the District of Sooke believes:
(a) that certain noise is objectionable or liable to disturb the quiet, peace, rest,
enjoyment, comfort or convenience of individuals or the public, and
(b) that it is desirable to regulate or prohibit the making or causing of noise in
the District of Sooke.
The Council of the District of Sooke, in open meeting assembled, enacts as
follows:
1.
This Bylaw is cited as Bylaw No. 485, Noise Control Bylaw, 2011.
2.
INTERPRETATION
In this Bylaw:
Bylaw Enforcement Officer means a person appointed by Council as a Bylaw
Enforcement Officer and includes a Peace Officer.
Construction includes erection, alteration, repair, dismantling, demolition,
blasting, structural maintenance, painting, moving, land clearing or filling, earth
moving, grading, excavating, the laying of pipe and conduit whether above or
below ground level, highway building, concreting, equipment installation and
District of Sooke Bylaw No. 485
Noise Control Bylaw, 2011 (consolidated)
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alteration, and the structural installation of construction components and
materials in any form or for any purpose, and includes any ancillary work.
Construction Equipment means any equipment or device designed and
intended for use in Construction or material handling, including, but not limited to,
air compressors and tools, chain saws, rock crushers, wood-chippers, pile
drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers,
cranes, derricks, loaders, scrapers, pavers, generators, off-highway haulers or
Trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders or
other material handling equipment or yard equipment.
Highway includes every highway within the meaning of the Transporation Act,
and every road, street, lane or right-of-way designed or intended for or used by
the general public for the passage of Vehicles, and every place or passage way
to which the public, for the purpose of the parking or servicing of Vihicles, has
access or is invited; every place or passage way owned or operated by the
District of Sooke for the purpose of providing off-street parking and every
sidewalk, trail, boulevard, greenway or boardwalk.
Peace Officer means any member of the Royal Canadian Mounted Police or any
municipal police officer;
Persistent means enduring or constantly repeated.
Residential Area means those Parcels where residential uses are permitted
under the District of Sooke's Zoning Bylaw, as amended from time to time.
Truck means any motor vehicle with a gross vehicle weight over 8,600 kg.
Vehicle includes an automobile, motorcycle, and any other vehicle propelled or
driven otherwise than by muscular power, but does not include the cars of
electric or steam railways, or other motor vehicles running only upon rails, or
traction engine, farm tractor, self-propelled implement of husbandry or road
building machine.
3.
GENERAL PROHIBITIONS
3.1
a. No person shall make or cause, or permit to be made or caused, in or
on a Highway or public place in the District of Sooke, any noise which
disturbs or is liable to disturb the quiet, peace, rest, enjoyment, comfort, or
convenience of individuals or the public.
b. No owner or occupier of real property shall use such real property, or
permit such real property to be used, so that a noise which originates from
District of Sooke Bylaw No. 485
Noise Control Bylaw, 2011 (consolidated)
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July 11, 2022
such real property disturbs or is liable to disturb the quiet, peace, rest,
enjoyment, comfort, or convenience of individuals or the public.
3.2
Without limiting the generality of section 3.1 of this Bylaw, no person
shall:
a. Play or operate any radio, stereophonic equipment, television receiving
set or other instrument or apparatus for the production or amplification
of music or speech which is audible between the hours of 11:00 p.m.
and 9:00 a.m. outside the premises on the real property from where
the music or speech originates and which disturbs the quiet, peace,
rest, enjoyment, comfort, or convenience of individuals or the public.
b. Harbour or keep any animal or bird which Persistently cries, barks, or
howls.
c. Be in the care or control of any Vehicle, except for buses and Trucks,
which creates or emits a noise that is audible beyond 150 metres in
any direction from the Vehicle.
d. Idle or continuously run a diesel engine, a Truck or bus for more than
15 minutes at the same location, except, where the Truck or bus is
located within a garage or depot intending to be used for the long term
parking of that Vehicle.
e. [Construction] Construct any building or other structure within the
District of Sooke or excavation on any Highway or other land,
i.
before 7:00 a.m. or after 9:00 p.m., Monday to Saturday, or
ii.
before 9:00 a.m. or after 9:00 pm on Sundays and
Statutory Holidays.
f. [Construction Equipment] Use Construction Equipment,
i.
before 7:00 a.m. or after 5:00 p.m., Monday to Saturday; or
ii.
at any time on Sundays and Statutory Holidays.
g. Create noise by blasting or the operation of drills, compressors or other
equipment used to prepare land for blasting,
i.
before 7:00 a.m. or after 5:00 p.m., Monday to Saturday, or
ii.
at any time on Sundays and Statutory Holidays.
h. [Residential Area] Use yard equipment, including lawnmower, chain
saw, leaf blower, weedwacker or rototiller before 8:00 a.m. or after
9:00 p.m. in any Residential Area.
i. [Residential Area] Load, unload, deliver, collect, pack, unpack, or
otherwise handle any containers, products, materials, or refuse
whatsoever before 8:00 a.m. or after 9:00 p.m. in any Residential Area.
4.
EXEMPTIONS
4.1
The emission of noise in connection with the following are excluded from
the prohibitions, regulations and penalties contained in this Bylaw:
District of Sooke Bylaw No. 485
Noise Control Bylaw, 2011 (consolidated)
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a. Police, fire department, ambulance or other emergency Vehicles when
engaged upon a service of public convenience or necessity.
b. Horn or signaling device on a boat, train or Vehicle when used as a
danger or warning signal.
c. Municipal, other government or utility companies when engaged upon
a service of the public or while engaged upon a service of public
convenience or necessity.
d. Bells or chimes from religious or public institutions.
e. The unloading, loading, pick up or delivering of containers, products,
materials, or other things necessary for the maintenance of essential
services or the moving of household effects.
f. Noise created in connection with emergency measures undertaken for
the immediate health, safety or welfare of individuals or for the
preservation or restoration of property.
g. Noise created from public parades, public festivities, the playing of
musical instruments the use of a public address system or other
apparatus on municipal property or as authorized by the District of
Sooke.
h. Noise created by the Construction of streets, Highwys, bridges, public
works, infrastructure, or lands by the District of Sooke employees or
agents.
i. Transit buses operated by a public authority.
5.
INSPECTION
5.1
Every Bylaw Enforcement Officer is authorized to enter, at all reasonable
times, on any property to ascertain whether the requirements of this Bylaw
are being met or the regulations contained in this Bylaw are being
observed.
5.2
No person shall interfere with or obstruct the entry of a Bylaw Enforcement
Officer onto any land, into any building, or any vehicle to which entry is
made or attempted pursuant to the provisions of this Bylaw.
6.
PENALTY
6.1.
Enforcement Officers, offences, and fines are as designated by the Municipal
Ticketing Information Bylaw.
6.2.
This bylaw may be enforced by means of a ticket in the form prescribed for
the purpose of s. 264 of the Community Charter.
6.3.
Any person who contravenes this bylaw commits an offence and on summary
conviction by a court of competent jurisdiction, is subject to a fine of not more
District of Sooke Bylaw No. 485
Noise Control Bylaw, 2011 (consolidated)
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UNOFFICIAL DOCUMENT - CONSOLIDATED VERSION
July 11, 2022
than $50,000.00, in addition to the costs of prosecution. Each day during
which a violation, contravention, or breach of this bylaw continues is deemed
to be a separate offence.
7.
SEVERABILITY
7.1
If any section or subsection of this Bylaw is found to be invalid by a court
of competent jurisdiction, the section or subsection may be severed from
the Bylaw without affecting the validity of the remainder of the Bylaw.
8.
REPEAL
8.1
Bylaw No. 303, Noise Control Bylaw, 200, as amended, is hereby
repealed.
Introduced and read a first time the 28th day of March, 2011.
Read a second time the 28th day of March, 2011.
Read a third time the 28th day of March, 2011.
Adopted on the 11th day of April, 2011.
Janet Evans
Bonnie Sprinkling
Mayor
Corporate Officer
District of Sooke Bylaw No. 485
Noise Control Bylaw, 2011 (consolidated)
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SCHEDULE A
[Deleted by Bylaw No. 856 (485-01), 2022]