Noise Control Bylaw No. 811, 1996 (consolidated 1997-10-29) — full text, Vanderhoof, British Columbia

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DISTRICT OF VANDERHOOF BYLAW 811, 1996 CONSOLIDATED VERSION (Includes amendment as of October 29, 1997) This is a consolidated copy to be used for convenience only. Users are asked to refer to the Noise Control Bylaw as amended from time to time to verify accuracy and completeness. Amending Bylaw Summary of Amendments Adoption 849 Add definition of "personal water craft" Amend sections 2. (viii) and 4. (ii) October 29, 1997 DISTRICT OF VANDERHOOF BYLAW NO. 811, 1996 A bylaw of the District of Vanderhoof to regulate noise, nuisance and disturbances within the Municipality. WHEREAS: under the provisions of Section 932 of the Municipal Act, Chapter 290 of the Revised Statutes of British Columbia 1979, the Council of the District of Vanderhoof 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, or of persons in the vicinity or which the Council believes 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 Municipality; NOW THEREFORE: the Municipal Council of the District of Vanderhoof in open meeting assembled, enacts as follows; 1. DEFINITIONS Animal shall include any form of life endowed with voluntary motion. Authorized Person shall include the following: a) a member of the RCMP b) a Bylaw Enforcement Officer c) a Special Constable d) an Auxiliary Constable e) an Animal Control Officer Council means the Municipal Council of the District of Vanderhoof Permit shall be a Permit as in Schedule "A" Person shall include any corporation, partnership or party and the heirs, executors, administrators or other legal representatives of such Person, to whom the context can apply according to law and also includes the owner, his agent or the occupier of or the holder or a purchaser's interest in any agreement for sale of any real or personal property or premises within the Municipality Personal water craft shall include any motorized vehicle designed for travel on water Property shall include real Property and includes land together with all improvements which have been so affixed to the land to make them in fact and in law a part thereof, and shall include a highway as determined in the Motor Vehicle Act Added by Bylaw 849 2. GENERAL REGULATIONS (i) No person shall make or cause, or allow or permit to be made or caused, any noise in or on any property which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of any person or persons in the neighborhood or vicinity. (ii) No person who is the owner or occupier or tenant of property shall use such property or any part thereof or allow or permit such property or any part thereof to be used in such a manner that noise or sound which 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. (iii) No person shall play or operate or allow or permit or cause to be played or operated any radio, tape recorder, audio playback machine, stereophonic equipment or other instrument of any apparatus for the production or amplification of sound in or on private premises, or in or on any public place in such a manner as 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. (iv) No person shall own, possess keep or harbor any dog which by its repeated barking disturbs or tends to disturb the quiet, peace, rest or tranquility of any person or persons in the neighborhood or vicinity. (v) No person shall own, possess, keep or harbor any animal or bird which by its cries disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of any person or persons in the vicinity. (vi) No hawker, huckster, peddler, newsvendor or other person shall by his intermittent or reiterated cries disturb or tend to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the vicinity. (vii) No person shall use or operate a public address system or a megaphone or other thing or device emitting or amplifying noise in the Municipality without first having obtained a permit from the Municipality. (viii) No person shall operate a motor vehicle, snow vehicle, motorcycle, motorboat, personal water craft or dune buggy which makes or causes noise which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighborhood or vicinity. (ix) No person shall operate or permit to be operated or suffer to be operated any radio receiving set, television receiving set, phonograph, loudspeaker or other machine or device for the producing or reproducing of sound, magnetically, electronically or otherwise, which is within a motor vehicle, in a manner that is liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the neighborhood or of a person in the vicinity. Amended by Bylaw 849 3. EXCEPTIONS 1) General Nothing in this bylaw shall preclude: (i) The operation of emergency equipment or any emergency vehicle by an authorized person; or (ii) Any act of maintenance or repair being carried out by employees or contractors of the Municipality, the Ministry of Highways or any public or private utility; or (iii) Any repairs to property of an emergency nature; (iv) Snow removal or dust clearing operations, provided that in case of private parking lots such actions are commenced as soon as is practicable after the close of business for the day; or (v) Any maintenance or repairs or construction to property by the owner, occupier or agent of said property between the hours of 7:00 am and 10:00 pm of the same day; or (vi) The operation of a public address system required under a building or fire code; or (vii) Any person from functioning within the limits of a permit issued under the Fire or Traffic bylaws of the Municipality; or (viii) Construction or industrial work between the hours of 6:00 am and 10:00 pm of the same day. 2) Permit 2.1 A permit may be issued by the Municipal Clerk or Bylaw Enforcement Officer. 2.2 Any permit issued pursuant to Section 2.1 shall be in the form prescribed by this bylaw in Schedule "A" 2.3 A permit shall not be issued unless: 2.3.1 it is applied for in writing; and 2.3.2 any fee prescribed by this bylaw for the issuance of a permit has been paid; and 2.3.3 it is signed by the person who intends to create or make noise which is otherwise prohibited by this bylaw; and 2.3.4 the creation of noise is necessarily incidental to legal activity on land within the Municipality; and 2.3.5 the creation of noise, whether intermittently or continuously created, is limited to, in total, 48 hours or less duration; and 2.3.6 the noise cannot be muffled by the person creating it at reasonable expense, or, such noise is created for the purpose of displaying wares, fireworks, celebrations or other similar activities; and 2.3.7 the creation of noise cannot be limited to the time span of between 6:00 am and 10:00 pm on the same day on any day that it is created. 2.4 Any permit issued pursuant to this bylaw may be revoked by the person who issued it if the information supplied by the applicant to such person for the purpose of seeking the permit is inaccurate or untrue. 2.5 A person who operates a business, which is duly licensed to operate within the Municipality, may apply to Council of the District of Vanderhoof for a permit to create noise which is necessarily incidental to the business activity of such person. 2.6 The applicant for a permit described in Section 2.5 shall file with the Clerk of the Municipality an application for such permit signed by such person, and the Clerk shall place such application before the Council of the District of Vanderhoof as soon as is reasonably possible for the purpose of allowing the applicant to have Council determine if such a permit shall be issued. 2.7 A permit issued by Council of the District of Vanderhoof may be revoked by the Council if the information supplied by the applicant to Council is untrue or inaccurate, or, if the Council should subsequently determine that the permit authorizing the creation of noise should be revoked because it unduly disturbs the neighborhood in which such business of the applicant is carried on. 4. ENFORCEMENT (i) Where an authorized person has reasonable and probable grounds to believe and does believe that a noise infraction involving an animal has been committed and remains unabated or continues, the authorized person may cause the animal to be taken and stored in the Municipal animal pound or other suitable location and all costs incurred with respect to the taking and storing of such animal shall be paid by the owner or harborer of the animal. (ii) Where an authorized person has reasonable and probable grounds to believe and does believe that a noise infraction is emanating or originating from a motor vehicle or personal water craft, an authorized person may cause such motor vehicle or personal water craft to be taken and stored until such nuisance or disturbance is abated and the costs associated with and incurred with respect to the removal and storage of such vehicle shall be paid by the registered owner of such vehicle. (iii) Where an authorized person has reasonable and probable grounds to believe and does believe that any thing or device has been used or is being used to cause a noise in violation of this bylaw, that authorized person may cause such thing or device to be taken and stored and the costs associated to such action of removal and storage shall be paid by the owner of such thing or device. (iv) Where any animal, vehicle, thing or device is impounded in order to prevent the continuation of or to abate any noise or other violation of this bylaw, such animal, vehicle, thing or device shall be returned to the owner of it, provided that: 1) the owner shall have applied to the Municipality for its return, and Amended by Bylaw 849 2) It shall not have been designated by an authorized person to be an exhibit for the purposes of proceedings pursuant to this bylaw, and 3) The owner shall have paid any and all fees, expenses or costs associated with and incurred by the Municipality with respect to the taking and storing of such animal, vehicle, thing or device, and in such case it shall be returned to the owner of it within seven days from the date of such application. (v) Should no application for the return of the vehicle, thing or device be made by the owner within 30 days of the taking thereof, or in the case of an animal, 3 days; such animal, vehicle, thing or device shall be deemed to be the property of the Municipality, and the Municipality may sell it, or dispose of it to recover any or all costs or expenses associated with such taking, storing and selling, and any surplus over and above such costs shall be returned to the owner of such animal, vehicle , thing or device, providing such owner is known to the Municipality and can be contacted within seven days from the date of obtaining of a surplus on sale. Should the animal, vehicle, thing or device taken and stored according to the provisions of this bylaw be declared an exhibit in proceedings to this bylaw, the disposition of such animal, vehicle, thing or device shall be at the discretion of the Judge or Court in which such proceedings are taken. 5. RIGHT OF ENTRY Where an authorized person has reasonable and probable grounds to believe and does believe that a violation of this bylaw exists or that abatement procedures are inadequate, that authorized person may enter upon any property to further an investigation or resolve any violation. 6. NOTICES Where any notice is required to be given pursuant to this bylaw, such notice may be given: a) orally; or b) in writing. Such notice shall be sufficiently delivered if: a) Personally served upon a person apparently aged 16 years or more and apparently occupying the property affected by such notice; or b) Sent to the owner of the real property by Double Registered mail to his address appearing on the last revised assessment roll; or c) Deposited in a place normally used for the reception of mail; or d) If affixed to the property in a prominent place. 7. PENALTY SECTION (i) Every person who violates any of the provisions 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, or who neglects to do or refrains from doing anything required to be done by 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. (ii) Every person who commits an offence against this bylaw is liable to a fine of not more than $2,000.00 and not less than $100.00 for each offence. 8. REPEAL The District of Vanderhoof Noise Control Bylaw No. 535, 1983 is hereby repealed in its entirety. 9. The Mayor and Clerk are hereby empowered to do all things necessary to give effect to this bylaw. 10. This bylaw may be cited for all purposes as the District of Vanderhoof Noise Control Bylaw No. 811, 1996. READ A FIRST TIME THIS 10th DAY OF January , 1996. READ A SECOND TIME THIS 10th DAY OF January , 1996. READ A THIRD TIME THIS 24th DAY OF January , 1996. RECONSIDERED AND ADOPTED THIS 14th DAY OF February , 1996. _______________________ ________________________ MAYOR CLERK I hereby certify that the foregoing is a true copy of the District of Vanderhoof Noise Control Bylaw No.811, 1996 as passed by the Municipal Council of the District of Vanderhoof, dated this ______________ day of _________________, 1996. __________________________ CLERK DISTRICT OF VANDERHOOF BOX 900 VANDERHOOF, BC V0J 3A0 SCHEDULE "A" to BYLAW NO. 811, 1996 PERMIT PURSUANT TO SECTION 3.2 OF BYLAW NO. 811, 1996, PERMISSION IS GRANTED TO: ___________________________________________ NAME ___________________________________________ ______________________ ADDRESS PHONE TO MAKE OR CAUSE NOISE PURSUANT TO BYLAW NO. 811, 1996: ___________________________________________ PLACE ___________________________________________ _______________________ DATES TIMES ___________________________________________ REASONS ___________________________________________ APPROVED __________________ DATE