West Vancouver, British Columbia
· adopted 2005-01-01
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District of West Vancouver
Noise Control
Bylaw No. 4404, 2005
Effective Date - May 09, 2005
Consolidated for Convenience Only
This is a consolidation of the bylaws below. The amendment bylaws have been
combined with the original bylaw for convenience only. This consolidation is not a
legal document. Certified copies of the original bylaws should be consulted for all
interpretations and applications of the bylaw on this subject.
Amendment Bylaw
Effective Date
Bylaw No. 5042, 2019
December 16, 2019
Bylaw No. 4981, 2018
May 28, 2018
Bylaw No. 4521, 2007
October 22, 2007
Bylaw No. 4500, 2007
May 28, 2007
Bylaw No. 5042, 2019
December 16, 2019
The bylaw numbers in the margin of this consolidation refer to the bylaws that
amended the principal bylaw: Noise Control Bylaw No. 4404, 2005. The number
of any amending bylaw that has been repealed is not referred to in this
consolidation.
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District of West Vancouver
Noise Control
Bylaw No. 4404, 2005
Table of Contents
Page #
Part 1
Citation ................................................................................................... 1
Part 2
Severability ............................................................................................. 1
Part 3
Previous Bylaw Repeal ........................................................................... 1
Part 4
Definitions ............................................................................................... 2
Part 5
General Regulations ............................................................................... 3
Part 6
Objectionable Noises or Sounds ............................................................ 4
Part 7
Location of Point of Reception ................................................................ 6
Part 8
Exclusions .............................................................................................. 6
Part 9
Enforcement ........................................................................................... 7
Part 10 Penalty .................................................................................................... 8
Schedule A...........................................................................................9
Schedule B..........................................................................................11
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District of West Vancouver
Noise Control
Bylaw No. 4404, 2005
A bylaw to regulate or prohibit the making of certain noises or sounds in the
District of West Vancouver under the Community Charter.
Previous amendments: Amendment Bylaws 4500, 4521, 4981 and 5042.
WHEREAS the Council of The Corporation of the District of West Vancouver
deems it expedient to provide for regulations and prohibitions regarding the
making of noise;
AND WHEREAS Council may by bylaw regulate, prohibit and impose
requirements in relation to the protection and enhancement of the well-being of
its community in relation to nuisances, disturbances and other objectionable
situations, including noise that is liable to disturb the quiet, peace, rest,
enjoyment, comfort or convenience of individuals or the public;
NOW THEREFORE, the Council of the District of West Vancouver enacts as
follows:
Part 1
Citation
1.1
This Bylaw may be cited as Noise Control Bylaw No. 4404, 2005.
Part 2
Severability
2.1
If a portion of this bylaw is held invalid by a Court of competent
jurisdiction, then the invalid portion must be severed and the remainder of
this bylaw is deemed to have been adopted without the severed section,
subsection, paragraph, subparagraph, clause or phrase.
Part 3
Previous Bylaw Repeal
3.1
Noise Control Bylaw No. 3908, 1994 (adopted on May 01, 1995) and the
following amendment bylaws are hereby repealed:
Amendment Bylaw
Effective Date
Bylaw No. 3995, 1996
April 22, 1996
Bylaw No. 4250, 2001
July 16, 2001
Consolidated Noise Control Bylaw No. 4404, 2005
2
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Part 4
Definitions
4.1
In this bylaw:
"Bylaw Enforcement Officer" means every person designated by Council
as a Bylaw Enforcement Officer, and includes every peace officer;
"Construction Noise" means any noises or sounds made on or
associated with a construction site:
a)
in carrying on work in connection with the construction, demolition,
reconstruction, alteration, or repair of any building or structure,
b)
in carrying on any excavation or other operation, or
c)
in moving or operating any machine, engine, or construction
equipment;
"Continuous Sound" means any noise or noises, other than Construction
Noise, continuing for a period, or periods, totalling 3 minutes or more in
any 15 minute period;
"Day" means the period of time from 0700 hours (7:00 a.m.) to 1800 hours
(6:00 p.m.) on each week day or Saturday and from 0900 hours
(9:00 a.m.) to 1800 hours (6:00 p.m.) on a Sunday or holiday;
"Extended Concrete Pour" means a concrete pour that requires an
extended period of time for placement or finishing due to any of the
following characteristics, which must be confirmed by a Structural
Engineer to be engaged by the District at the expense of the applicant:
a)
a single concrete slab pour in excess of 7,000 square feet;
b)
a concrete slab with added complexity due to below grade location,
shape, or level of flatness required; or
c)
a concrete slab that requires post tension reinforcing;
"Highway" includes a street, road, land, bridge, viaduct and any other way
open to the public use, but does not include a private right of way on
private property;
"Meter" means an instrument which accurately measures levels of sound
pressure on an "A" weighted scale in accordance with the American
National Standards Institute standard for meters set out in S1.4-1983 as
amended from time to time;
Bylaw 4981
Consolidated Noise Control Bylaw No. 4404, 2005
3
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"Motor Vehicle" means a vehicle that is designed to be self-propelled and
includes off-road vehicles, parts and equipment;
"Night" means the period of time from 1800 hours (6:00 p.m.) on one day
to 0700 hours (7:00 a.m.) on the next and from 1800 hours (6:00 p.m.) on
one day to 0900 hours (9:00 a.m.) on the next day when the latter is a
Sunday or a holiday;
"Non-continuous Sound" means any noises or sounds other than
Continuous Sound and Construction Noise;
"Point of Reception" means the place where a Meter is located to
measure the Sound Level from a source of noises or sounds;
"Power Equipment" means any tool, equipment or machinery powered by
an internal combustion engine or electric motor that is used for
construction, lawn, garden, building and property maintenance, and
includes edge trimmers, line trimmers, rototillers, pressure washers,
carpet cleaning equipment, and hand operated power tools including but
not limited to chain saws, chippers and leaf blowers;
"Premises" means the smallest unit of ownership or occupation of real
property, whichever is the lesser;
"Sound Level" means the Meter reading or recording in decibels using an
"A" weighted network at the slow response setting of the Meter.
Part 5
General Regulations
5.1
No person shall make or cause, or permit to be made or caused, any
noise or sound which:
5.1.1 disturbs or is liable to disturb the quiet, peace, rest, enjoyment,
comfort, or convenience of individuals or the public; or
5.1.2 exceeds the Sound Levels prescribed in this Bylaw.
5.2
No owner or occupier of real property shall allow the real property to be
used so that noise or sound which emanates from the real property:
5.2.1 disturbs or is liable to disturb the quiet, peace, rest, enjoyment,
comfort, or convenience of individuals or the public; or
5.2.2 exceeds the Sound Levels prescribed in this Bylaw.
Consolidated Noise Control Bylaw No. 4404, 2005
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5.3
Despite compliance with Part 6, a person may be found in violation
of sections 5.1 or 5.2.
Part 6
Objectionable Noises or Sounds
6.1
Without limiting sections 5.1 to 5.3 the following noises or sounds are
deemed to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of individuals or the public and are prohibited:
6.1.1 any noises or sounds produced within or outside a Motor Vehicle
and created by the following:
(a)
a Motor Vehicle engine or exhaust system when such noises
or sounds are loud, roaring or explosive;
(b)
a Motor Vehicle horn or other warning device except when
authorized by law;
(c)
a Motor Vehicle operated in such a manner that the tires
squeal;
(d)
a load or tow of a Motor Vehicle which causes a banging,
clanking, squealing, or other like noise or sound due to
improperly secured load or equipment, or inadequate
maintenance;
(e)
a radio, television, tape player or other sound playback
device, amplification equipment, or a musical instrument,
which can easily be heard by a person outside the Motor
Vehicle.
6.1.2 any of the following noises or sounds:
(a)
Construction Noise:
(i)
on a Sunday or a holiday;
(ii)
before 0800 hours (8:00 a.m.) or after 1700 hours
(5:00 p.m.) on a Saturday that is not a holiday;
(iii)
before 0730 hours (7:30 a.m.) or after 1730 hours
(5:30 p.m.) on any other day that is not a Saturday,
Sunday or a holiday;
Bylaw 4981
Consolidated Noise Control Bylaw No. 4404, 2005
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(iv)
despite subsections (i) - (iii), in the area shown
outlined in heavy black line on Schedule B, before
0630 hours (6:30 a.m.) or after 1930 hours (7:30 p.m.)
on any day.
(b)
Power equipment:
(i)
on a Sunday or holiday;
(ii)
during the Night;
(c)
Noises or sounds from operation of a lawnmower;
(i)
before 1100 hours (11:00 a.m.) or after 1600 hours
(4:00 p.m.) on a Sunday or holiday;
(ii)
before 0800 hours (8:00 a.m.) or after 2000 hours
(8:00 p.m.) on any other day;
(d)
Noises or sounds from the loading or unloading of goods,
materials, machines, equipment, waste or garbage by any
means:
(i)
on a Sunday or holiday;
(ii)
before 0730 hours (7:30 a.m.) or after 1800 hours
(6:00 p.m.) on any other day that is not a Sunday or
holiday.
6.1.3 any noises or sounds, the occurrence of which extends
continuously or non-continuously for 15 minutes or more which can
be heard from a contiguous parcel, created by the following:
(a)
a dog or any other animal or bird;
(b)
a radio, record, tape, or disc player, television set, or other
instrument or apparatus for the production or amplification of
such;
(c)
a burglar alarm or security system;
6.1.4 any noises or sounds resulting from the operation of a public
address system outside of a building or structure;
6.1.5 in addition to the noises or sounds described in sections 6.1.1,
6.1.2, 6.1.3, or 6.1.4:
Bylaw 4500
Bylaw 4500
Amendment
Bylaw 5042
Consolidated Noise Control Bylaw No. 4404, 2005
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(a)
any Continuous Sound that exceeds the following Sound
Levels at the Point of Reception:
Sound Level
(i)
during the Day
55 dBA
(ii)
during the Night
45 dBA
(b)
any Non-Continuous sound that exceeds the following
Sound Levels at the Point of Reception:
Sound Level
(i)
during the Day
80 dBA
(ii)
during the Night
65 dBA
(c)
any Construction Noise that exceeds a Sound Level at the
Point of Reception:
Sound Level
(i)
during the Day
80 dBA
Part 7
Location of Point of Reception
7.1
For the purpose of enforcing this bylaw, measurement of Sound Levels
shall be made:
7.1.1 in the case of noises or sounds in or on a Highway, in a public park
or in another public place, from a Point of Reception not less than 5
metres from the noises or sounds;
7.1.2 in the case of noises or sounds created by Construction, from a
Point of Reception on any Premises, not including the Premises on
which the Construction is taking place; and
7.1.3 in all other cases, from a Point of Reception not on the Premises
upon which the source of the noise or sound is located.
Part 8
Exclusions
8.1
This Bylaw does not apply to:
8.1.1 police, fire or other emergency personnel vehicles and equipment
in relation to an emergency;
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8.1.2 vehicles and equipment used to make emergency repairs to public
utilities and services;
8.1.3 transit buses operated by a public authority;
8.1.4 work carried out by officers, employees or agents of the District;
8.1.5 Extended Concrete Pours which have been temporarily exempted
from the Construction Noise requirements contained in subsection
6.1.2 (a) of this Bylaw by the Director of Planning and Development
Services, in accordance with Schedule A.
8.2
Delegation of Authority:
8.2.1 The Director of Planning and Development Services is authorized
to consider applications for exemptions from the restrictions related
to Construction Noise contained in subsection 6.1.2 (a) of this
Bylaw for Extended Concrete Pours, in accordance with Schedule
A of this Bylaw.
8.2.2 The Director of Planning and Development Services shall approve
applications for exemptions that meet the definition of Extended
Concrete Pour and the requirements in Schedule A of this Bylaw.
Part 9
Enforcement
9.1
Every Bylaw Enforcement Officer is authorized to enforce this Bylaw, and,
for that purpose, may enter at all reasonable times any real property to
ascertain whether the provisions of this Bylaw are being observed.
Bylaw 4981
Bylaw 4981
Consolidated Noise Control Bylaw No. 4404, 2005
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Part 10
Penalty
10.1 Every person who violates a provision of this bylaw, or who consents,
allows or permits an act or thing to be done in violation of a provision of
this bylaw, or who neglects or refrains from doing anything required by a
provision of this bylaw, is guilty of an offence and is liable, upon summary
conviction, to a fine not exceeding $10,000 and not less than $2,500.
10.2 Each day that a violation continues or exists under this bylaw is a separate
offence.
10.3 No person may interfere with an Enforcement Officer in issuing a ticket or
bylaw notice or otherwise carrying out his or her duties in accordance with
this bylaw, and it is an offence for any person to interfere with an
Enforcement Officer in the enforcement of this bylaw.
10.4 No person shall interfere with or obstruct the entry of the Enforcement
Officer onto any land, into any building, or any vehicle to which entry is
made or attempted pursuant to the provisions of this bylaw.
Schedules
Schedule A - Exemptions for Extended Concrete Pours
Schedule B - Rodgers Creek Construction Noise Area
READ A FIRST TIME on April 11, 2005
READ A SECOND TIME on April 11, 2005
READ A THIRD TIME on April 11, 2005
ADOPTED by the Council on May 9, 2005
______________________________
Mayor
______________________________
Municipal Clerk
Amended by
Regulatory
Bylaw
Enforcement
and Penalty
Bylaw No.
4521, 2007
Amendment
Bylaw 5042
Consolidated Noise Control Bylaw No. 4404, 2005
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Schedule A - Exemptions for Extended Concrete Pours
1. A person may apply to the Director of Planning and Development Services
for a temporary exemption from the restrictions related to Construction
Noise contained in subsection 6.1.2 (a) of this Bylaw for Extended
Concrete Pours.
2. An application for an exemption from section 6.1.2 (a) of this Bylaw must
be submitted for each building to which it applies to the Director of
Planning and Development Services:
2.1
at least 45 days before the start of the proposed exempted period;
2.2
in a format and with content satisfactory to the Director of Planning
and Development Services, including but not limited to the following
information:
a) name, address, and telephone number of the applicant;
b) the address and building permit number of the
construction site;
c) the reason(s) the exemption is sought including
supporting documentation as applicable;
d) a description of the proposed works to be undertaken;
e) the period of time for which the exemption is desired;
f) a statement of the measures planned or presently being
taken to minimize the sound or noise for which the
exemption is being sought; and
g) proof of payment of the non-refundable application fee
pursuant to the Fees and Charges Bylaw, as amended or
replaced.
2.3
in addition to the requirements of section 2.2, the Director of
Planning and Development Services may request further details
regarding the proposed exempted works, including a review by an
independent industry expert at the cost of the applicant.
3. Any exemption granted by the Director of Planning and Development
Services shall specify the time period during which it is effective and may
Consolidated Noise Control Bylaw No. 4404, 2005
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contain such terms and conditions as the Director of Planning and
Development Services sees fit.
4. The decision of the Director of Planning and Development Services is
final.
5. When an exemption is granted by the Director of Planning and
Development Services the applicant may be required to, at least seven (7)
days before the commencement of the exemption period, distribute a
notice to all parcels within a 100 m radius of the site. The notice shall be in
a form and with content satisfactory to the Director of Planning and
Development, such as to advise of the nature of the exemption. The
applicant shall also post a sign at the construction site advising of the
nature of the exemption.
Consolidated Noise Control Bylaw No. 4404, 2005
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Schedule B - Rodgers Creek Construction Noise Area
Amendment
Bylaw 5042