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## THE LOCAL GOVERNMENT DISTRICT OF CHURCHILL BY-LAW NO. 604/95
## BEING A BY-LAW OF THE LOCAL GOVERNMENT DISTRICT OF CHURCHILL TO PROVIDE FOR THE REGULATING OR PREVENTION OF NOISE.
WHEREAS Section 5(1) of The Local Government Districts Act, C.C.S.M. cL190 provides: A Local Government District has the rights, powers, duties and liabilities of a municipality under The Municipal Act;
AND WHEREAS Section 370, Part V, Division VII, Subdivision IV of The Municipal Act provides as follows:
370
The council of any municipality may pass by-laws
- for regulating or prohibiting the ringing of bells, except church and school bells, blowing of horns, beating of drums, and other noises liable to disturb or annoy residents of the municipality; and
- b) for regulating, controlling or prohibiting the use, on the highways or in any public place, in the municipality, of loud-speakers or other devices for the amplification of sound.
AND WHEREAS it is felt in the best interest of The Local Government District of Churchill to enact a by-law to control any wrongful noise unnecessarily or unreasonably caused, whether as a degree of noise or at all, created within the limits of The Local Government District of Churchill which disturbs or is liable to disturb any person lawfully within the limits of The Local Government District of Churchill by night or by day, especially the operation of any vehicle other than an "Industrial Machine" with an internal combustion engine that is not equipped with an adequate muffler, the operation of anything with the intent to cause unnecessary or unreasonable noise, the operation of anything that causes noise because of bad maintenance, bad repair or improper operation.
NOW THEREFORE BE IT AND IT IS HEREBY enacted as a By-Law of The Local Government District of Churchill as follows:
- (1) THAT every person is prohibited from making a wrongful noise within The Local Government District of Churchill;
- (2) THAT no person shall operate an industrial machine between the hours of 10:00 p.m. and 6:00 a.m. without a written permit issued under the authority of the Resident Administrator;
- (3) THAT no person who is in lawful control of a place shall permit any wrongful noise to be made in the place, or any noise to be made by a machine during the prohibited period of the day;
4. THAT any person found guilty of a breach of any provisions of this by-law shall be liable upon summary conviction to a fine not exceeding One Hundred Dollars ($100.00) or to imprisonment for a period not exceeding Thirty (30) days, or to both such fine and imprisonment; and
- (5) THAT By-law No. 120/71 be rescinded.
DONE AND PASSED as a By-Law of The Local Government District of Churchill this 16th day of August, A.D., 1995.
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THE LOCAL COVERNMENT DISTRICT OF CHURCHILL
Rod McKenzie lege Resident Administrator
APPROVED
lukeed
Local Govemment Support Services Branch