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CITY OF SURREY
BY-LAW NO. 7044
A by-law to regulate noise within the City of Surrey.
....................................................................................
As amended by By-laws No. 10118, 07/17/89; 11115, 01/13/92; 12268, 04/25/94; 14531, 10/22/01; 15028,
05/26/03; 16986, 07/27/09;
THIS IS A CONSOLIDATED BY-LAW PREPARED BY THE CITY OF
SURREY FOR CONVENIENCE ONLY.
THE
CITY
DOES
NOT
WARRANT
THAT
THE
INFORMATION
CONTAINED IN THIS CONSOLIDATION IS CURRENT. IT IS THE
RESPONSIBILITY OF THE PERSON USING THIS CONSOLIDATION TO
ENSURE THAT IT ACCURATELY REFLECTS CURRENT BY-LAW
PROVISIONS.
WHEREAS, under the provisions of Section 932(c) of the Municipal Act, being Chapter 290 of
the Revised Statutes of British Columbia, 1979, the Council of a city is empowered to enact a
by-law to regulate or prohibit the making or causing of noises or sounds in or on a highway or
elsewhere in the city which disturb, or tend to disturb, the quiet, peace, rest, enjoyment, comfort,
or convenience of the neighbourhood, or of persons in the vicinity, or which in the opinion of the
Council are objectionable or liable to disturb the quiet, peace, rest, enjoyment, comfort, or
convenience of individuals or the public, and may make different regulations or prohibitions for
different areas of the city.
NOW THEREFORE, the City Council of the City of Surrey in open meeting assembled,
ENACTS AS FOLLOWS:
l.
A.
DEFINITIONS
1.
(a)
Words defined in the "Motor Vehicle Act" being Chapter 288 of the
Revised Statutes of British Columbia, 1979, and the "Municipal Act"
being Chapter 290 of the revised Statutes of British Columbia, 1979, shall
have the same meaning when used in this by-law unless defined in this by-
law or unless the context otherwise requires.
(b)
In this by-law, unless the context otherwise requires:
(i)
"Council means the City Council of the City of Surrey;
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(ii)
"City" means the City of Surrey or the area within the boundaries
thereof as the context may require;
(iii)
"Inspector" means the person or persons appointed from time to
time by Council to enforce and administer this by-law and shall
include any Peace Officer;
(iv)
Deleted by By-law 10118 July 17, 1989;
(v)
"Noise Scare Device" means any device that uses sound as a
means of bird control.
(vi)
"Peace Officer" shall have the same meaning as in the
Interpretation Act being Chapter 206 of the Revised Statutes of
British Columbia, 1979, plus the person or persons who are
appointed to enforce and administer this by-law;
(vii)
"Person" includes any company, corporation, owner, partnership,
firm, association, society or party;
(viii) "Property" means real property and includes land, other than a
highway, together with all improvements which have been so
affixed to the land as to make them in fact and in law a part
thereof.
B.
GENERAL REGULATIONS
1.
No person shall make or cause, or permit to be made or caused, any noise in or on
a public or private place which disturbs or tends to disturb the quiet, peace, rest,
enjoyment, comfort, or convenience of any person or persons in the
neighbourhood or vicinity.
2.
No person being the owner or occupier of real property shall allow or permit such
real property to be used so that noise or sound which emanates therefrom, disturbs
or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of
any person or persons in the neighbourhood or vicinity.
3.
No person shall play or operate any radio, stereophonic equipment or other
instrument or any apparatus for the production or amplification of sound either in
or on private premises or in any public place in such a manner as to disturb the
quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood or of
persons in the vicinity.
4.
No person shall own, keep or harbour any animal or bird which by its cries unduly
disturbs the peace, quiet, rest or tranquility of the surrounding neighbourhood or
the public at large.
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5.
No hawker, huckster, pedlar, newsvendor, or other person shall by his intermittent
or reiterated cries disturb the quiet, peace, rest, enjoyment, comfort or
convenience of individuals or the public.
6.
A Noise Scare Device may be used to protect berry crops within the City,
subject to the following conditions:
(a)
the property on which the Noise Scare Device is used is zoned to
permit agricultural uses;
(b)
the Noise Scare Device may only be operated between 06:30 hours
to 12:00 hours and 15:00 hours to 20:00 hours or dawn to dusk
(excluding 12:00 hours to 15:00 hours), whichever is of lesser
duration;
(c)
no more than one Noise Scare Device per two hectares of crop
shall be operated at any one time;
(d)
each Noise Scare Device being used shall be alternated or
relocated at least once every four days;
(e)
each Noise Scare Device, including its timing mechanism, shall be
maintained to ensure its proper operation and that the device does
not operate outside the hours permitted under (b) above;
(f)
each Noise Scare Device shall only be used as part of a wildlife
predation management plan and may not be operated on any lot
prior to the onset of bird damage to the crop on the lot or after the
crop on the lot is harvested;
(g)
each Noise Scare Device shall be registered with the City's By-law
Enforcement and Licensing Services Section by the owner or
occupier of the lot on which the device is to be operated, such
registration to specify a telephone number at which the owner or
occupiers of the lot can be immediately contacted on a 24 hours-a-
day and 7-days-a-week basis;
(h)
each Noise Scare Device shall be legibly marked with the
operator's name and 24-hour telephone number as referenced in (g)
above;
(i)
an owner/operator shall operate each Noise Scare Device with a
firing frequency of no more than one firing per five minute period
in the case of a single shot Noise Scare Device and not more than
11 activations or a maximum of 33 shots in any hour for each
multiple shot Noise Scare Device. Multiple shots from a noise
scare device are considered as one activation if the shots occur
within a period of less than 30 seconds;
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(j)
a Noise Scare Device shall not be located within 150 metres of a
neighbouring residence that is located within the Agricultural Land
Reserve and within 200 metres of a neighbouring residence located
outside of the Agricultural Land Reserve. Where written
permission from the owner of such neighbouring residence is
obtained and submitted to the City in relation to reducing or
waiving the separation distance, the Manager of By-law
Enforcement and Licensing may approve a reduction or waiver of
the specified separation distance between a Noise Scare Device
and that neighbouring residence.
C.
CONSTRUCTION HOURS
1.
No person in the City shall on any day before 07:00 hours or after 22:00 hours,
construct, erect, reconstruct, alter, repair or demolish any building, structure or
thing or excavate or fill in land in any manner which disturbs the quiet, peace,
rest, enjoyment, comfort or convenience of the neighbourhood or of persons in the
vicinity.
2.
No person in the City shall for profit or gain on a Sunday construct, erect,
reconstruct, alter, repair or demolish any building or thing, or excavate or fill in
land in any manner which disturbs the quiet, peace, rest, enjoyment, comfort or
convenience of the neighbourhood or of the persons in the vicinity.
3.
Where it is impossible or impractical to comply with this section, the Inspector
may give written approval to carry on the work that is found to be necessary at
designated hours.
Responsibility for obtaining written approval lies with the person carrying on the
work.
D.
OTHER
1.
No person shall operate any outdoor public address system in the City without
first having obtained a permit for its operation.
2.
No person shall operate a snow vehicle, motorboat or motorcycle which makes or
causes noise.
3.
Notwithstanding any provisions of this by-law, a person may perform work of an
emergency nature for the preservation or protection of life, health or property but
the onus shall be on the person performing the work to show cause that the work
was of an emergency nature.
E.
PENALTY SECTION
1.
Every person who violates any of the provisions of this by-law or who suffers or
permits any act or thing to be done in contravention or in violation of any of the
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provisions of this by-law, who neglects to do or refrains from doing anything
required to be done by any of the provisions of this by-law or who does any act
which violates any of the provisions of this by-law, is guilty of an offense against
this by-law and liable to the penalties hereby imposed. Each day that a violation
continues to exist shall constitute a separate offense.
2.
Every person who commits an offense against this by-law is liable to a fine and
penalty of not more than Two Thousand Dollars ($2,000.00) and not less than
One Hundred Dollars ($100.00) for each offense, and in default of payment
thereof, forthwith or within such times as the presiding Provincial Court Judge or
Justice of the Peace shall direct, the fine imposed shall be recoverable under the
provisions of the Offense Act, being Chapter 305 of the Provincial Statutes of
British Columbia, 1979, and all amendments thereto.
2.
The following by-laws are hereby repealed:
"Surrey Noise Control By-law, 1964, No. 2263"
"Surrey Noise Control By-law, 1973, No. 2263,
Amendment By-law, 1964, No. 4144"
3.
This By-law may be cited for all purposes as "Surrey Noise Control By-law, 1982,
No. 7044."
PASSED by the Municipal Council on the 25th day of January, 1982.
RECONSIDERED AND FINALLY ADOPTED, signed by the Mayor and Clerk, and sealed
with the Corporate Seal on the 1st day of February, l982.
"D.A. ROSS" MAYOR
"W. VOLLRATH" CLERK
h:\by-laws\reg bylaws\byl reg 7044.doc
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