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TOWN OF CARBERRY
BY LAW NO 4 2002
BEING A BY LAW ofthe Town of Carberry to replace By law No
1803 itself being a by law
to regulate and prohibit noise
WHEREAS the Town of Carberry by its By law Number 1803 authorized the regulating and
prohibiting of noise liable to disturb or annoy the residents of the Town of Carberry
NOW THEREFORE the Municipal council of the Town of Carberry
in
Council duly
assembled enacts as follows
1
No person shall make or continue or cause or permit to be made or continued any
sound which
a
is such that it does
or is likely to annoy inconvenience or disturb persons
b
cause loss of enjoyment of normal use of property
c
interferes with the normal conduct of business
or
d
cause damage to property
2
Applications for a permit for release from the provisions of this by law on the basis
of undue hardship may be issued by council The application shall be made in writing
and must include
a
the name and address of the applicant
b
a description of the source of sound in respect to which exemption is
sought
c
the period of time for which the exemption is sought
d
the reasons why the exemption should be granted
e
any other information required at that time
and
f
a statement of steps if any planned or presently being taken to bring
about compliance
Council
by resolution
may refuse to grant any exemption or may grant the exemption
applied for or any exemption of lesser effect and any exemption granted shall specify the
time period during which it is effective and may contain such terms and conditions as
Council sees fit
3
In all work undertaken for or on behalf of the Municipality and in all agreements for
work performed for the Municipality or for the acquisition of machinery or equipment
by the Municipality it shall be required that due consideration be given to the sound
level produced by any such machinery or equipment to be used or acquired
4
Sound from any source is prohibited if it does not conform to the following restrictions
a
within the town limits
no person shall operate or allow to be operated after
11 00 p m and before 7 00 a m Monday to Saturday or after 11 00 p m and
before 9 00 a m Sundays and Holidays any device including any tool or item
ofmachinery or equipment which is powered by an electric motor or an internal
combustion engine
This clause shall not apply to the above when operated
within an enclosed structure
no person shall shout sing
yell
or indulge
in any other noise producing
activity after 11 00 p m and before 7 00 a m
so as to annoy or disturb the
quiet comfort
or repose of any person in the vicinity or any person in any
office dwelling
or hotel or any other type of residence
no person shall cause or permit the keeping of livestock or any other animals
in vehicles in any street alley
or public property
if their cries are audible on
any residential property
no person shall allow any animal or bird in their charge to cause frequent or
long continued noise which would disturb any person or persons in the vicinity
b
c
d
2
5
No person shall drive
turn
or stop any vehicle in a
manner which
causes any
unnecessary noise from the engine exhaust system
or the braking system or from
the contact of the tires with the roadway
6
No person shall idle any engine
or motor or any motor vehicle or trailer for a
continuous period exceeding five minutes while such a vehicle is stationery in a
residential or commercial area unless
a
the vehicle is in an enclosed structure constructed so as to effectively prevent
excessive noise emission
b
the original equipment manufacturer specifically recommends a longer idling
period for normal and efficient operation of the motor vehicle
c
operation ofsuch engine or motor is essential to a basic function of the vehicle
or equipment
including but not limited to ready mix concrete trucks
lift
platforms
and refuse compactors
d
prevailing low temperatures make longer idling periods necessary immediately
after starting the motor or engine
or
e
the vehicle is a bus operated for the transportation of passengers
in an
approved stopping area
7
No person shall operate an auditory warning device of any kind on a motor vehicle
except to directly avoid an accident unless required or specifically permitted by law
8
No person shall cause or permit the operation of any gas gasoline diesel
or other
engine or motor unless it is equipped with a device or devices in good working order
and in constant operation to prevent unnecessary noise from the exhaust system
of such an engine or motor
9
The banging clanging rattling
or other like sound coming from a vehicle or the load
on a vehicle or the trailer of a vehicle or the load on such trailer is prohibited unless
operated on road surfaces which are not in good repair
10
No person shall excavate or fill land
or construct demolish
or carry on construction
of any type which involves hammering sawing
or the use of any machine
tool or
equipment capable of creating a sound which may be heard beyond the boundaries
of the site on which the activity is being carried out after 11 00 p m and before 7 00
a m Monday to Saturday
or after 11 00 p m and before 9 00 a m Sunday and
holidays
The above restrictions do not apply to agricultural and industrial zoned land unless
sound impinges upon residential or commercial zones and exceeds the sound level
limits for those zones
11
It is the intention of the Town of Carberry that each separate provision of this by law
shall be deemed independant of all other provisions herein
and it is further the
intention of the Town of Carberry that if any provision of this by law be declared to
be invalid
all other provisions there of shall remain valid
12
Exemptions
a
the provisions of this by law shall not apply to
i
The existence of an emergency or the emission of sound
in the
performance of emergency work unless such sound is clearly of a
longer
duration
or
nature
more disturbing
than
is reasonably
necessary for the accomplishment of such emergency purpose
ii
Work performed
in
respect of the
maintenance
construction
or
demolition of a public right of way or public space
iii
Any military or other bands or any parade
operating under written
permit from the Town
iv
Any vehicle of the police or fire department or any ambulance or any
public service or emergency vehicle while answering a call
v
The ringing of church or school bells
3
vi
The using or operating of sound producing devices during the month
of December in any year for the rendering of Christmas Carols
vii
Concerts
Circuses Fairs Parades or any like activity where a permit
has been issued by the Chief Administrative Officer
viii
Any activity work or undertaking which would otherwise be prohibited
by
this
by law where
a
permit
has
been
issued
by
the
Chief
Administrative Officer
ix
Railway rolling stock
x
Licensed liquor establishments
or locations with temporary liquor
license only during the hours listed on the license
13
Enforcement
a
Any person who contravenes this by law
any owner s
of an animal that
creates a noise nuisance in contravention of this by law and any owner s
of
equipment
motor vehicle
motorized recreational vehicles powered model
vehicle operated in contravention of this by law commits an offence and is
liable on conviction to payment of a fine of
200 00 for first offence
400 00
for second offence and
500 00 on third and subsequent offence
b
Where a contravention of this by law continues for more than one day
the
person and owner s
is guilty of a separate offence for each day it continues
c
In addition to any prosecution for a contravention of this by law where the By
Law Enforcement Officer or Designate observes
a contravention of it
in
progress
the Officer or Designate may seize and impound any animal or
equipment
motor vehicle
motorized recreational vehicles powered model
vehicle involved in the contravention
In such an event the impounded item
will remain impounded until
i
the
owner reimburses the Town for the actual cost of seizure and
impoundment and for storage costs of
25 00 per day
and
ii
any prosecution hereunder has been finally concluded and any fine
imposed as a result has been paid in full or Council has determined that
it will not prosecute for this specific contravention of this by law
d
Where there is more than
one owner of the animal or equipment
motor
vehicle motorized recreational vehicle powered model vehicle each owner is
jointly and severally liable for all amounts due under this by law
e
Where any person or owner liable to pay money to the Town as a result of
a contravention of this by law owns an interest in land within the Town the
money owing may be collected in any manner in which a tax may be collected
or enforced under The Municipal Act
DONE AND PASSED by the Council ofthe Town of Carberry duly assembled this
I
day
of
5 1
2002
TOWN OF CARBERRY
8
Mayor
rJ
CAO
Read for a first time this 1s day of 3
y
2002
Read for a second time this
day of Af
414
2002
Read for a third time this
4
day of
5 ff
b v 2002