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Village of Valemount
Bylaw No. 306
A Bylaw To Regulate Noise Within The Village of Valemount
WHEREAS, under the provisions of Section 932 (c) of the Municipal
Act, the Council of a municipality is empowered to enact a bylaw to
regulate or prohibit the making or causing of noises or sounds in
or on a highway or elsewhere in the municipality which disturb, or
tend 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 ~he
municipality.
NOW THEREFORE, the Municipal Council of the Village of Valemount,
in open meeting assembled, enacts as follows:
1. This bylaw may be cited as the "Valemoun~ Noise Control Bylaw
No. 306 , 1 989.
(a) Words defined in the "Motor Vehicle Act" as amended from
~ime to time, and the "Municipal Act" as amended from time
to time, shall have the same meaning when used in this bylaw
unless defined in this bylaw or unless the contex~ otherwise
requires.
(b) In this bylaw, unless the context otherwise requires:
(i)
"Village" means the Village of Valemount;
(i i)
"Counci 1" means the Municipal Counci 1 of the Village
of Valemount;
(iii)
"Person" includes any company, corporation, owner,
partnership, firm, association, society or party;
(iv)
"Property" means real property and includes land,
other than a highway, together with a ll improvements
which have been so affixed to the land as to make them
in fact and i n law a part thereof.
(v)
"Clerk Administrator" means the person appointed by
Council to this position from time to time.
(a) No person s hall 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 neighborhood or vicinity.
(b) No person being t he owner, tenant or occupier of rea l
property shall allow or permit such real property to be used
so that noise or sound which occurs thereon or emanates
therefr om, 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.
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(c) No person shall play or operate any radio, stereo-phonic
equipment or other instrument or any apparatus for the
production or amplication 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 .
(d) 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.
(a) No person in the Village shall on any day before 07:00 hours
or after 22:00 hours, construct, erect, reconstruct, alter,
repair or demo l ish any building, structure or thing or
excavate or fill in land in any manner wh ich disturbs the
quiet, peace, rest, enjoyment, comfort or convenience of the
neighborhood or of persons in the vicinity.
(b) Where it is impossible or impractical to comply with this
section, the Clerk administrator 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.
(a) Notwithstanding any provisions of th i s bylaw, a person may
perform 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.
(b) If any article or provision herein is determined to be void
or unenforceable in whole or in part, it shall not be deemed
to affect or impair the enforceability or validity of any
other article or provision of this bylaw or any part
thereof.
(a) Every person who violates any of the p~ovisions of this
bylaw or who suffers or permits any act or thing to be done
in contravention or in violation of any of the provisions of
this bylaw, who neglects to do or refrains from doing
anything required to be done by any of the provisions of
this bylaw or who does any act which violates any of the
provisions of this bylaw, is guilty of an offence against
this bylaw and liable to the penalties hereby imposed. Each
day that a violation continues to exist shall constitute a
separate offence.
(b) Every person who commits an offence against this bylaw 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 offence, and in default of payment
thereof, forthwith or within such time as the presiding
Provincial Court Judge or Justice of the Peace shall direct,
the fine imposed shall be recoverable under the provisions
of the Offence Act.
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. . . 3 ...
Byl aw No . 306
By l aw No. 141, 1977, as amended, is hereby repealed.
READ A FIRST TIME THIS _l~~h- DAY OF --~~~~-------------; 1989.
READ A SECOND TIME THIS l~th __ DAY OF -~~~~ --- -------- --- 1989.
READ A THIRD TIME THIS _l~th_ DAY OF --~~~~------------- -
1989.
RECONSIDERED AND ADOPTED TH I S
_21~b __ DAY OF
-~lln~------- --- ' 1989 .
--~~~~--------
Mayor
Certified a
by Council.
law No. 306, 1989 , as adopted
A fru~ copy of By-Law No. !tJ~
reglsteru in the office of the Jns{>fCtttt
of
thia I
-M day Q/
19e'1.