Municipality of Killarney-Turtle Mountain, Manitoba
· adopted 2022-02-09
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Snapshot 7e49169cb61e · verified 2026-06-09 ·
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unofficial consolidation, the official version is held by the municipal clerk.
MUNICIPALITY OF KILLARNEY-TURTLE MOUNTAIN
BY-LAW 1-2022
BEING a by-law respecting noise control within the boundaries of Zoning Map 2,
under Appendix "A" of By-Law No. 2-2016 in the Municipality of Killarney-Turtle
Mountain.
WHEREAS Subsection 232(1) of the Municipal Act S.M. 1996 c. 58 provides as follows:
232(1) "A Council may pass by-laws for municipal purposes respecting the
following matters:
(a) The safety, health, protection, and well-being of people, and the
safety and protection of property";
NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Killarney-
Turtle Mountain, in open Council assembled, enacts as follows:
For the purpose of this by-law the following definitions shall apply:
A. DEFINITIONS
1) By-Law Enforcement Officer or Designate - shall mean the authorized By-Law
Enforcement Officer of The Municipality of Killarney-Turtle Mountain or any
person authorized by resolution of Council to enforce this by-law and the Royal
Canadian Mounted Police.
2) Construction - means any site preparation, assembly, erection, substantial repair,
alteration, or similar action, but excluding demolition, for, or of public or private
rights-of-way, structures, utilities, or similar property.
3) Demolition - means any dismantling, intentional destruction or removal of
structures, utilities, public or private right-of-way surfaces, or similar property.
4) Emergency - means any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate action.
5) 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.
6) Equipment - includes any internal combustion engine or anything powered by an
internal combustion engine and any other machine which may disturb the peace
and quiet in an unreasonable manner when operated.
7) Motor Vehicle - means an automobile, motorcycle, truck, and any other vehicle
propelled or driven otherwise than by muscular power.
8) 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,
snowmobiles, trail bikes, amphibious craft and motorboats.
9) Noise Nuisance - means any loud, unnecessary, or unusual sound or any
sound whatsoever which either annoys, disturbs, injures, endangers or distracts
from the comfort, repose, health, peace or safety of any person.
10) Owner - includes:
i)
the owner at law,
ii)
the registered owner when reference is made to a vehicle registered
under The Highway Traffic Act of Manitoba or any provincial or state
legislation similar to the Highway Traffic Act; and
iii)
a person, who is renting, leasing, or otherwise authorized by the owner
of same to have possession or control of any equipment.
11) Person - means any individual, firm, partnership, association, corporation,
company, or organization of any kind.
12) Point of Reception - means any point on any lands or premises where sound,
originating from other lands or premises, is received.
13) Powered Model Vehicle - means any self-propelled airborne, waterborne, or land-
borne airplane, vessel, or vehicle, which is not designed to carry a person
including, but not limited to, any model airplane, boat, car, or rocket.
14) Public Right-of-Way - means any street, avenue, lane, highway, boulevard,
sidewalk, park, square, bridge, thorough-fare, or similar place, which is owned or
controlled by a governmental entity.
15) Public Space - means any real property or structures thereon which are owned or
controlled by a governmental entity.
16) Urban Area - includes all zones under Zoning By-Law No. 2-2016 as per
Appendix "A", Zoning Map 2 in the Municipality of Killarney-Turtle Mountain.
17) Zoning - means the various zoning districts as defined in By-Laws relating to
zoning and planning schemes of the Municipality of Killarney-Turtle Mountain
such as Commercial, Industrial, or Residential Districts.
B. PROHIBITED NOISES
1) Except where otherwise permitted by this By-Law, no person shall make,
continue, or cause, or allow to be made or continued, by whatever means, any
noise which does, or is likely to, annoy, disturb, injure, endanger, or detract from
the peace, health, or safety of any other person.
2) Without restricting the generality of Section 2 hereof, the following shall be
deemed likely to annoy, disturb, injure, endanger, or detract from the peace,
health, or safety of any other person:
a. The sound caused by the discharge of a gun or other firearm, grenade, or
any other explosive or noise making device, including a firecracker or
other fireworks, unless specifically authorized by the RCMP, Fire Chief or
Council.
b. The sounding of any auditory warning device, including but not limited to
a bell, burglar alarm, horn or siren, except when required by law or in
order to give warning of the existence of a present or impending
dangerous situation.
c. The sound emanating from a musical instrument or loudspeaker, when
audible from a distance of thirty meters (97.5 feet) or more, unless
authorized by the RCMP or Council.
d. The sound emanating from an improperly operated or maintained vehicle,
including the squealing of tires, the operation of a vehicle with an
improperly maintained or otherwise deficient exhaust system and those
noises which emanate from a vehicle by reason of its state of disrepair.
e. The sound resulting from the operation of an internal combustion engine,
whether situated within a vehicle or otherwise, except where used in
conjunction with an exhaust system and muffler which effectively
prevents the emanating of loud or unusual noises.
f.
The sound emanating from excavation or construction work of any nature
between 22:00 hours of any day and 0700 hours of the next following day
(10:00 p.m. - 7:00 a.m.), except in such locations where such conduct is
permitted by applicable land use provisions, or where authorized by the
RCMP.
g. The sound resulting from the operation of any motorized lawn mower,
snow clearing device, chain saw, motorized garden tiller or recreational
vehicle in any residential area between 2200 hours of any day and 0700
hours of the next following day (10:00 p.m. - 7:00 a.m.). This provision
shall apply notwithstanding Section 4 hereof.
(i)
The sound created by the use or operation of any drum, horn,
bell, radio, or mechanical loudspeaker, or other instrument or
device of sound-producing, sound reproducing, or sound
transmitting instrument or apparatus for the purposes of
advertising or for attracting attention to any performance,
show or sale or display of goods, wares, or merchandise, or
which projects noise or sound into any street or other public
place.
(ii)
Any loud, blasphemous, abusive, or insulting language or
singing or shouting in a boisterous manner.
(iii)
Any loud, excessive, or continual barking, howling, wailing,
caterwauling, or other sound caused by any domestic animal.
C. PERMITTED NOISES:
None of the provisions of this by-law shall apply to:
1) Sound resulting from an activity which is being carried on and is not in
breach of any applicable land use provisions, and it is shown to the
satisfaction of the RCMP, that:
(i)
The sound intensity level is not unreasonable, taking into
consideration the type of activity allowed by the applicable land
use provisions; and
(ii)
All reasonable steps have been taken by the owner of the
property from which the sound is emanating in order to reduce
the intensity.
2) Sound emanating from any parade authorized by the RCMP, and
including all military parades;
3) The use of any bell, whistle or similar sound in conjunction with the
operation of the railway locomotive, engine or other rolling stock when
used in accordance with other applicable laws and in particular The
Railway Act of Canada;
4) Snow clearing and road maintenance vehicles operated by the
Municipality, the Province of Manitoba Department of Highways, or their
designated and individuals clearing commercial parking lots;
5) Sound emanating from the Fire Hall alarms, the sirens of any
emergency vehicle while engaged in providing public service to the
residents of, or visitors to the Town or during testing of the Emergency
Measures Organization civil defense siren;
6) Sound generated by emergency work of any nature when such work is
authorized by the RCMP or Fire Chief;
7) The use of any bell, chime, or similar sound for the purpose of calling
persons to church and/or school services.
D. ADMINISTRATION
This By-Law shall be administered in and for The Municipality of Killarney-Turtle
Mountain by the RCMP or a By-Law Enforcement Officer appointed by the Municipality.
.
E.
PENALTIES AND ENFORCEMENT
1) 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 not less than $100.00 or more than $500.00 on each such
conviction.
2) 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.
3) 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 Municipality for the actual cost of
seizure and impoundment and for storage costs of $25 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.
4) Where there is more than one owner of the animal or equipment, motor vehicle,
motorized recreational vehicles, powered model vehicle each owner is jointly and
severally liable for all amounts due under this by law.
5) Where any person or owner liable to pay money to the Municipality as a result of
a contravention of this by-law owns an interest in land within the Municipality, the
money owing may be collected in any manner in which a tax may be collected or
enforced under The Municipal Act.
F. REPEAL AND ENACTMENT
1) By-Law 18-1990 is hereby repealed.
2) The repeal of the by-law in the last preceding subsection mentioned shall not
revive any by-law of any provision of any by-law repealed by them, nor shall the
said repeal prevent the effect of any saving clause in the said by-laws or the
application of any of the said by-laws or any other by-law or provision of law
formerly in force to any transaction, matter or thing anterior to the said repeal to
which they would otherwise apply.
3) The repeal of the said by-law should not affect:
i. Any penalty, forfeiture or liability incurred before the time of such
repeal, or any proceedings for enforcing the same had, done,
completed, or pending at the time of such repeal; or
ii. Any action, suit, judgment, decree, certificate, executive, process,
order, rule or any proceeding, matter, or thing whatever,
respecting the same had, done, made, entered, granted, or thing
had, done, made, acquired, established, or existing at the time of
such repeal; or
iii. Any act, deed, right, title, interest, grant, assurance, registry, rule,
regulation, contract, lien, charge, matter, or thing had, done,
made, acquired, established, or existing at the time of such
repeal; or
iv. Any office, appointment, commission, salary, allowance, security,
duty, or any matter or thing appertaining thereto at the time of
such repeal; or
v. Any bond, note, debenture, debt, or other obligation made,
executed, or entered into by the Municipality at the time of such
repeal.
4) The repeal of the said by-law shall also not defeat, disturb, invalidate, or
prejudicially affect any matter or thing whatsoever had, done, completed, existing
or pending at the time of such repeal.
This by-law shall come into full force and take effect upon the passage thereof.
DONE AND PASSED in Council assembled at the Council Chambers of the Municipality
of Killarney-Turtle Mountain, in the Province of Manitoba, this 9th day of February, A.D.,
2022.
MUNICIPALITY OF KILLARNEY-TURTLE MOUNTAIN
___________________________
Mayor, Merv Tweed
___________________________
Chief Administrative Officer
Karen Patterson
Read a first time this 26th day of January, 2022
Read a second time this 9th day of February, 2022
Read a third time this 9th day of February, 2022