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C
Being a by-law to regulate unnecessary and harmful noise within the Town of Gillam.
WHEREAS Section 232(1) of The Municipal Act, S.M. 1996, Cap. M225 provides, in part, as follows:
- the safety, health, protection and well-being of people, and the safety and protection of property;
232(1) A council may pass by-laws for municipal purposes respecting the following matters:
- (c) subject to section 233, activities or things in or on private property;
AND WHEREAS Section 233 of The Municipal Act, S.M. 1996, Cap. M225 provides, in part, as follows:
- 233 A by-law under clause 232(1)(c) [activities or things in or on private property] may contain provisions only in respect of
- 1) activities or things that in the opinion of the council are or could become a nuisanc hich may include noise, weeds, odours, unsightly property, fumes and vibratior
AND WHEREAS Section 242 of The Municipal Act, S.M. 1996, Cap. M225 provides, in part, as follows:
- 242(1) If a designated officer finds that a person is contravening a by-law or this or any other Act that the municipality is authorized to enforce, the designated officer may by written order require the person responsible for the contravention to remedy it if, in the opinion of the officer, the circumstances so require;
AND WHEREAS it is deemed advisable to exercise the powers set out in the said Sections of the Municipal Act as excessive sound is a serious hazard to the public health and welfare, safety and quality of life and the public has a right to and should be ensured an environment free from excessive sound that may be prejudicial to their health or welfare or safety or diminish the quality of life.
NOW THEREFORE be it resolved as a By-Law of the Town of Gillam and it is hereby enacted as follows:
1. THAT this By-Law be referred to as the Town of Gillam Noise Control By-Law;
2. Definitions:
Institute (ANSI) or respective successor body.
- (a) Town means the Town of Gillam.
- (b) Commercial, Industrial or Residential District means the various zoning districts as defined in the By-Laws relating to Zoning and the Planning Scheme of the Town of Gillam.
- (c) Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage threatened or caused by an emergency.
- (d) Emergency Work means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
- (1) Motorized Recreational vehicles means all recreational motorized vehicles whether or not duly licensed and registered, including, but not limited to, commercial or non-commercial racing vehicles, motorcycles, go-carts, snow-mobiles, trail bikes, amphibious craft and motor boats.
- (e) Motor vehicle means an automobile, motorcycle, truck and any other vehicle propelled or driven otherwise than by muscular power.
- (g) Noise Nuisance means any unreasonably loud or unusual sound or any sounds which are likely to, or annoy, injure, or disturb the health, peace, or safety of any person.
- (1) Sound means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarification of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
- (h) Powered Model Vehicle means any self-propelled airborne, water-borne or landborne airplane, vessel or vehicle, which is not designed to carry a person including, but not limited to, any model airplane, boat, car or rocket.
3. Except to the extent permitted by this By-Law, no person shall make, continue, or cause to be made or continued, any noise nuisance, and specifically the following acts, among others, and the causing thereof, are declared to be in violation of this By-Law, namely:
## THE TOWN OF GILLAM BY-LAW NUMBER 675.2004
- (a) No person owning or possessing or harbouring any animal or bird shall allow it to create a noise nuisance.
- (b) Except to the extent, as may hereinafter be permitted by this By-Law, no person shall operate or permit the operation of any power or manual equipment, machinery, device or motor vehicle in such a manner as to create a noise nuisance.
- (c) (i) No person shall operate or permit the operation of a powered model vehicle so as to create a noise nuisance at a point of reception between the hours of 11:00 p.m. and 7:00 a.m. of the following day.
- (d) No person shall operate, play or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, loudspeaker, public address system, sound amplifier or similar device in a residential district which produces, reproduces or amplifies sound in such a manner as to create a noise nuisance at a point of reception at any time.
- (ii) No person shall operate or permit the operation of any mechanical powered saw, drill, sander, grinder, lawn or garden tool, snowblower, or similar device used outdoors, to create a noise nuisance at the point of reception at any time except between the hours of 7:00 a.m. and 11:00 p.m. on weekdays and Saturdays and between the hours of 10:00 a.m., and 11:00 p.m. on Sundays.
- (e) No person shall operate or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, loudspeaker, public address system, sound amplifier or similar device in a commercial district which produces, reproduces or amplifies sound in such a manner as to create a noise nuisance at a point of reception, unless used for the purpose of advertising some patriotic or other public object and unless a permit has been issued by the Town of Gillam.
- (t) No person shall by shouting, or otherwise, whether by amplified sound or other, cause a noise nuisance within the Town.
- (g) No person shall repair, rebuild, modify or test any motor vehicle, motorcycle, motor boat, outboard motor or motorized recreational vehicle in such a manner as to create a noise nuisance at a point of reception between the hours of 11:00 p.m. and 7:00 a.m. of the following day.
4. Exceptions:
The provisions of this By-Law shall not apply to:
- (a) 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.
- (b) Work performed in respect of the maintenance, construction or demolition of a public rightof-way or public space or snow removal on private or public property.
- (c) Any military or other bands or any parade, operating under written permit from the Town of Gillam.
- (d) Any vehicle of the police or fire department or any ambulance or any public service or emergency vehicle while answering a call.
- (e) The ringing of church or school bells.
- (f) The using or operating of sound producing devices during the month of December in any year for the rendering of Christmas carols
- (h) Any activity, work or undertaking which would otherwise be prohibited by this By-Law where a permit has been issued by the Town of Gillam.
- (g) Concerts, circuses, fairs, parades or any like activity where a permit has been issued by the Town of Gillam.
- (i) Aircraft.
5. This By-Law shall be administered by a Peace Officer in and for the Province of Manitoba, or a Designated Officer of the Town of Gillam.
6. Penalty - shall be in accordance with Section 249 of the Municipal Act.
- Wherever the provisions of any By-Law or town Planning Scheme of the Town, or any ByLaw or Town Planning Scheme administered by the Town impose overlapping or contradictory regulations over the control or prohibition of noise, or contain any restrictions covering any of the same subject matter contained herein, the most restrictive standard shall apply.
8. Severability - if any provision of this By-Law is held to be invalid by any Court of competent jurisdiction, the remaining provisions of the By-Law shall not be invalidated.
## THE TOWN OF GILLAM BY-LAW NUMBER 675.2004
- By-Law No. 292.1981 enacted by the Town of Gillam the 26'h day of August, 1981 is hereby repealed.
THIS By-Law shall come into force upon the passing thereof.
THE TOWN OF GILLAM
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Alburtit2
Mayor Albert McTayish
Clantos
Chief Administrative Officer, Jacalyn Clayton
10TH DAY OF NOVEMBER, A.D. 2004.
17TH DAY OF NOVEMBER, A.D. 2004.
15TH DAY OF DECEMBER, A.D. 2004.
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