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DISTRICT OF UCLUELET
BYLAW NO. 2009, 2026
NOISE REGULATION BYLAW
A BYLAW TO REGULATE NOISE IN THE DISTRICT OF UCLUELET
WHEREAS under the provisions of Section 64 of the Community Charter, the Council of a
municipality is empowered to enact a bylaw to regulate or prohibit the making or causing
of noises or sounds which disturb, or tend to disturb, the quiet, peace, rest, enjoyment,
comfort, or convenience of the neighbourhood or of persons in the vicinity;
AND WHEREAS the Council is empowered to regulate or prohibit the making or causing of
noises or sounds it believes are objectionable or liable to disturb the quiet, peace, rest,
enjoyment, comfort or convenience of individuals or the public;
NOW THEREFORE the Council of the District of Ucluelet, in open meeting assembled,
hereby enacts as follows:
1.
TITLE:
This bylaw may be cited for all purposes as "Noise Regulation Bylaw No. 2009,
2026".
2.
DEFINITIONS:
"Council"
means the Municipal Council of the District of Ucluelet
"Dance Hall" or
Cabaret"
means any establishment holding a valid business
license issued by the District of Ucluelet, which plays
music for dancing or entertainment.
"Municipality"
means the District of Ucluelet.
"Noise"
means sound.
"Person"
means a person pursuant to the Interpretation Act and
shall include any corporation, partnership, owner,
association, society, or party.
"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.
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Noise Regulation Bylaw No. 2009, 2026
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"Persistent/Persistently" means enduring or constantly repeated.
"Point of Reception"
means any point on the premises of a person where
sound or vibration originating from other than those
premises or any place on a highway, is received.
3.
GENERAL REGULATIONS:
3.1
No person shall make or cause, or permit to be made or caused, any noise,
loud music or similar disturbance of the peace, 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 neighborhood or
vicinity.
3.2
No person, being the owner, tenant or occupier of real property, shall allow
or permit such real property to be used so that noise or sound which occurs
thereon or emanates therefrom, disturbs or tends to disturb the quiet,
peace, rest, enjoyment, comfort or convenience of any person or persons on
the same piece of property or in the neighborhood or vicinity.
3.3
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
neighborhood or of persons in the vicinity.
3.4
No person shall own, keep, or harbor any animal or bird, which by its cries
disturbs or tends to disturb the peace, quiet, rest or tranquility of the
surrounding neighborhood or the public at large.
4.
PROHIBITIONS:
Without in any way limiting the prohibition contained in Section Three (3), the
following are specifically prohibited within the Municipal limits of the District:
4.1
The use of any automobile, motorcycle, bus, or other vehicle so out of repair
or so loaded or operated as to create loud or unnecessary noise or noises
which is audible beyond 150 metres in any direction from the vehicle.
4.2
The discharging into the open air of the exhaust of any stationary internal
combustion engine, motor vehicle engine, or automobile engine except
through a muffler or other device which effectively prevents unnecessary
noise therefrom.
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4.3
The sounding of a horn or other signaling device upon an automobile,
motorcycle, bus, or other vehicle in motion except as a danger or warning
signal.
4.4
The creation of any excessive noise on any street, highway, or lane, adjacent
to any school, institution of learning, church, or Court while the same are in
session, or adjacent to any hospital at any time.
4.5
The loading or unloading of any truck, wagon, automobile, or motor vehicle
in or upon any public or private place or premises in such a manner as to
disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the
neighborhood or of persons in the vicinity.
4.6
Yelling, shouting, whistling, or singing on any street, highway, or any other
public place at any time so as to disturb the quiet, peace, rest, enjoyment,
comfort, convenience of any persons in any hospital, dwelling, hotel, motel,
or other type of residence.
4.7
The use of any drum, loud speaker or other instrument or any noise-making
device between 10:00 p.m. (2200 hrs.) of one day and 7:00 a.m. (0700 hrs.)
of the next day, or any device for the production or amplification of sound
either in or upon private premises or in any public place without first having
obtained the permission of the Council provided that nothing contained in
this Bylaw shall be deemed to apply to any motor vehicle under the control
of the Fire Department, while responding to a fire alarm, or to any police
officer in the discharge of his duty, or to any licensed ambulance or to the
use of any siren by the Fire or Police Department, or in connection with the
operation of the ambulance.
4.8
Idling or continuously running of 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 intended to be used for the long-term
parking of that vehicle.
4.9
The amplified sound of a radio, television, tape player or other sound
playback device or amplification equipment, or the sound of a musical
instrument that emanates from a vehicle or motor vehicle which can easily
be heard by someone outside the vehicle.
5.
CONSTRUCTION HOURS:
5.1
No person in the District shall on any day before 7:00 a.m. (0700 hrs.) or
after 10:00 p.m. (2200 hrs.) 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
neighborhood or of persons in the vicinity.
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5.2
Where it is impossible or impractical to comply with this section, the Chief
Administrative Officer or designate may give written approval to carry on
the work that is found to be necessary at designated hours.
5.3
Responsibility for obtaining written approval lies with the person carrying on
the work.
6.
EXCEPTIONS:
The provisions of this bylaw shall not apply to or be enforced against:
7.1
A person performing works 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.
7.2
Any vehicle of the District of Ucluelet while engaged upon necessary public
business.
7.3
The use of bells or chimes for the announcing of Church services of all kinds.
7.4
The playing of dance music in any licensed dance hall or cabaret between
the hours of 8:00 p.m. (2000 hrs.) and 2:00 a.m. (0200 hrs.) of the following
day.
7.5
Any work carried out during restricted hours with written permission of the
Chief Administrative Officer, Director of Engineering or designate, specifying
the time during such restricted hours when such work or event may be
performed.
7.6
Any business or industry established in accordance with the District of
Ucluelet Zoning Bylaw, as now amended or as may be amended or re-
enacted from time to time, in any area designated as approved for that type
of operation provided that all precautions are taken according to criteria as
defined by the District of Ucluelet for abating, controlling or limiting noise,
odor, effluvia, smoke, vibration and nuisance arising from the industry
conducted, so that the same may be free from neighborhood offence as
possible.
8.
BYLAW ENFORCEMENT OFFICER
8.1
For the purposes of this bylaw, the designated Bylaw Enforcement Officer
means any of the following;
(a) Chief Administrative Officer
(b) Bylaw Enforcement Officer
(c) Director of Engineering
(d) Animal Control Officer
(e) Royal Canadian Mounted Police or RCMP Auxiliary Members
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8.2
The Bylaw Enforcement Officer is authorized and empowered to inspect,
compel, and require that all the regulations and provisions prescribed in this
bylaw are carried out.
9.
VIOLATION AND PENALTY:
9.1
No person shall prevent or obstruct, or attempt to prevent or obstruct, a
Bylaw Enforcement Officer in the enforcement of the provisions of this
bylaw.
9.2
Any Person who causes, permits or allows anything to be done in
contravention or violation of this Bylaw, or who neglects or fails to do
anything required to be done pursuant to this Bylaw, commits an offence
against this Bylaw and is liable upon summary conviction to pay a fine of not
more than $50,000, plus the costs of prosecution, and any other penalty or
remedy available under the Community Charter and Offence Act.
9.3
This Bylaw may be enforced by bylaw notice pursuant to the "Bylaw Notice
Enforcement Bylaw No. 2000, 2026" as amended or replaced.
9.4
Where an offence under this Bylaw is of a continuing nature, each day that
an offence continues, or is permitted to exist, constitutes a separate
offence.
10
SEVERABILITY:
If any provision of this Bylaw is determined by a court of competent jurisdiction to
be unlawful or unenforceable, that provision shall be severed from this Bylaw and
shall not affect the validity of any remaining provision of this Bylaw.
11
ADMINISTRATIVE PROVISIONS:
This bylaw hereby repeals "District of Ucluelet Noise Control Bylaw No. 915,
2003"and any amendments thereto.
READ A FIRST TIME this 28th day of April, 2026.
READ A SECOND TIME this 28th day of April, 2026.
READ A THIRD TIME this 28th day of April, 2026.
ADOPTED this 26th day of May, 2026.
____________________________
__________________________
Marilyn McEwen
Ed Chow
Mayor
Corporate Officer
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THE CORPORATE SEAL of the District
of Ucluelet was hereto affixed in the
presence of:
Ed Chow, Corporate Officer