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BY-LAW NO. 46/06
## VILLAGE OF NOTRE-DAME-DE-LOURDES
BEING a by-law to regulate unnecessary and unusual noise within the Village of Notre-Dame-deLourdes.
WHEREAS it is deemed desirable to control all loud, unnecessary or unusual noises in the municipality;
AND WHEREAS Section 233(d) of The Municipal Act RM 1996, c.M225, states as follows:
include noise, weeds, odours, unsightly property, fumes and vibrations.
233 A by-law under clause 232(1) (c) (activities or things in or on private property) may contain provisions only in respect of (d) activities or things that in the opinion of the council are or could become a nuisance, which may NOW, THEREFORE, the Council of the Village of Notre-Dame-de-Lourdes duly assembled hereby
## enact as follows:
## By-law.
1. THAT this by-law shall be referred to as the Village of Notre-Dame-de-Lourdes Noise Control THAT no person shall make, allow to make, cause to be made, or to cause to be continued in, on or about any lands, building, vehicles, or premises of which he is the owner or occupant or possessing physical control of, and includes any person on the property, any loud, unnecessary or unusual noise, or any noise which disturbs or endangers the comfort, repose, peace or welfare of other resulting as consequence of any of the acts set forth below:
a. The continued sounding of any horn, whistle, bell or other signaling device either on a vehicle or off a vehicle, on any street or public place, except as a danger warning, emergency warning, organized parade, approved function, school or church.
reproduction or amplification of sound except in an organized parade or procession, or
b. The using, operating or playing of any device, machine or instrument for the production, approved function.
c. The using, operating or playing of any device, machine or instrument for the production, reproduction or amplification of sound which is cast upon a street or public place for the purpose of commercial advertising or attracting the attention of the public to any building, structure or vehicle.
organized parade or function.
d. By yelling, shouting, hooting, whistling or singing on any street or public place except for an e. The operating of any internal combustion engine which does not exhaust its gases through a muffler manufactured for that purpose.
property.
The carrying on between the hours of 11:00 o'clock in the evening of one day and 7 o'clock in the morning of the next following day of any excavation or construction work whatsoever, except where such work is necessary to protect or prevent injury or danger to person's or g. The operating of any mechanical tool, lawn or garden tool, snow blower or similar power tool or device between the hours of 11:00 o'clock in the evening of one day and 7:00 in the morning of the next day following.
operators property or residence.
h. The continued operation of any off road vehicle, as defined by the Motor Vehicle Branch, within the limits of the Village of Notre-Dame-de-Lourdes except to leave and return from the
## Dame-de-Lourdes.
i. The use of Engine Retarder Brakes is not permitted within the limits of the Village of Notre- In addition to the above cited exception, the provision of this By-Law shall not apply to the following:
call.
a. Any vehicle of the police, fire department or emergency medical services while answering a b. The ringing of church or school bells.
for the rendering of Christmas carols.
c. The using or operating of sound producing devices during the month of December in any year The doing of any of the aforesaid acts shall be prima facie evidence that the noise did annoy or disturb another person.
4.
All referenced to time in this by-law shall be deemed to refer to the time that is in current use when the action occurred.
5.
Any person guilty of a breach of the provisions of this By-law shall, upon conviction, be liable for a fine of not less than $100.00 plus costs and not more that $ 500.00 plus costs as described in the Schedule of Fines, attached hereto as Schedule "A" or to be imprisoned for a period of three months in default of payment of any fines and costs so levied.
## contravention continues.
When a contravention or failure to comply with an order or direction given under this By-Law continues for more that one day the person is guilty of separate offence for each day that the DONE AND PASSED by the council of the Village of Notre-Dame-de-Lourdes, in Council duly assembled at Notre-Dame-de-Lourdes, in the Province of Manitoba this 3"d day of October, 2006 a.d.
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Read a first time this 5'h day of September, 2006. Read a second time this 5th day of September, 2006 Read a third time this 3'd day of October, 2006.
## Village of Notre-Dame-de-Lourdes Schedule « A » to By-Law No. 046/06
## Schedule of Fines
......$ 100.00
1st Offence...
.......$ 200.00
2nd Offence
3rd and Subsequent Offences ........$ 500.00