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THE CITY OF TRAIL
BYLAW NO. 2433
A BYLAW TO REGULATE AND PROHIBIT THE MAKING OR CAUSING OF
NOISES IN THE CITY OF TRAIL
WHEREAS Council of the City of Trail believes that it is desirable to regulate or prohibit
the making or causing of noises that are objectionable or liable to disturb the quiet, peace,
rest, enjoyment, comfort or convenience of individuals or the public in the City;
NOW THEREFORE the Council of the City of Trail in open meeting assembled, enacts as
follows:
1.
That this bylaw may be cited as the "Noise Control Bylaw No. 2433, 1999".
2.
DEFINITIONS
In this Bylaw:
"City" means the City of Trail.
"Council" means the Council of the City of Trail.
"Highway" includes all public streets, roads, ways, trails, lanes and sidewalks.
"Person" includes any company, corporation, owner, partnership, firm,
association, society or party.
"Property" means real property and includes lands, other than a highway, together
with all improvements that have been so affixed to the land as to make them in fact
and in law a part thereof.
3.
GENERAL REGULATIONS
(1) No person shall make, cause or permit to be made any noise or sound in or on a
highway or in or on any public or private property, in the City, which disturbs
or tends to disturb the quiet peace, rest, enjoyment, comfort or convenience of
the neighbourhood or persons in the vicinity.
(2) No person shall play or operate any radio, television set, 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 any person or persons in the neighbourhood or vicinity of those
premises or place;
(3) No person being the owner, occupier or tenant of real property shall allow or
permit his real property to be used by a person or persons for playing or
operating any radio or stereophonic equipment or other instrument or other
apparatus for the production or amplification of sound in such a manner as to
disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person
or persons in the neighbourhood or vicinity of said real property;
(4) No person shall own, keep or harbour a dog which by repeated barking
disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of any person or persons in the neighbourhood or vicinity.
(5) No person shall operate a motor vehicle on a highway in the Municipality
which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of any person or persons in the neighbourhood or vicinity of that
highway;
(6) No person shall operate any motor vehicle in excess of four (4) ton gross weight
between the hours of 11:00 pm and 8:00 am on the City streets named
Hazlewood Drive, Hillside Drive and Marianna Crescent.
BYLAW NO. 2433
4.
SPECIFIC PROHIBITIONS
Between the hours of 11:00 pm and 7:00 am, no person shall:
(1) 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 any person or persons in the
neighbourhood or vicinity;
(2) operate any kind of equipment, machinery or engine which disturbs the quiet,
peace, rest, enjoyment, comfort or convenience of any person or persons in the
neighbourhood or vicinity;
(3) notwithstanding sections 4(1) and (2) hereof, in cases where it is impossible or
impractical to comply with the provisions of these sections, the City Clerk may
approve in writing such work, activities or operation between said hours.
5.
EXEMPTIONS
Notwithstanding anything contained herein, no person shall be guilty of an
infraction of this Bylaw while:
(1) operating or in charge of Fire Department, Police or Ambulance vehicles while
in the execution of their duties;
(2) operating City, other government or public utility company vehicles when
engaged upon a service of the public or while engaged upon a service of public
convenience or necessity.
(3) creating a noise or sound in connection with emergency measures undertaken
for the immediate health, safety or welfare of individuals or for the
preservation or restoration of property.
(4) lawfully carrying on a trade or industry at a commercial, industrial or light
industrial zoned area, provided that the sound or noise therefrom does not
exceed the sound or noise common to such trade or industry;
6.
INSPECTION
Officers, employees, and agents of the City may enter any building or premise at
any reasonable time, in order to ascertain whether the provisions of this Bylaw are
being complied with, and no person shall obstruct the entrance of such persons
into the building or premise.
7.
PENALTY
A person who contravenes a provision of this Bylaw is guilty of an offence and is
liable, upon summary conviction, to a penalty of not less than $100.00 and not
more than $2,000.00; or, if an information is laid by means of a ticket, in accordance
with the procedure set out in the Municipal Act and the Offence Act, a fine as
stipulated in Schedule "A" of this Bylaw.
Each day that a violation continues to exist shall constitute a separate offence.
8.
REPEAL
The City of Trail Anti-Noise Bylaw, 1974 and amendments thereto is hereby
repealed.
BYLAW NO. 2433
READ the FIRST, SECOND and THIRD time the 25th day of May ,
1999.
ADOPTED the 14th day of June , 1999.
_______________________________________
__________________________________
ACTING MAYOR
CLERK
Certified a true copy of
Bylaw No. 2433 , 1999.
CITY CLERK
THE CITY OF TRAIL
BYLAW NO. 2433
SCHEDULE "A"
FINE SCHEDULE
Fines for tickets issued pursuant to this Bylaw shall be as follows:
Description of Offence
Section
Amount of fine
Noise causing disturbance
3(1), 3(2), 3(3), 3(4), 3(5)
$100
Operating heavy vehicle
3(6)
$100
Construction noise
4(1)
$100
Operating noisy equipment or machinery
4(2)
$100