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NOISE CONTROL
MUNICIPALITY OF NORTH NORFOLK
BY-LAW # 66/2020
BEING a by-law respecting noise control within the boundaries of the urban
centres of MacGregor, Austin, Sidney, Bagot, and Rossendale in the Municipality
of North Norfolk.
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 North
Norfolk, in open Council assembled, enacts as follows:
For the purpose of this by-law the following definitions shall apply:
1.
DEFINITIONS
a)
By-Law Enforcement Officer or Designate - shall mean the authorized
By-Law Enforcement Officer of The Municipality of North Norfolk or any
person authorized by resolution of Council to enforce this by-law and the
Royal Canadian Mounted Police.
(b)
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.
(c)
Demolition - means any dismantling, intentional destruction or removal
of structures, utilities, public or private right-of-way surfaces, or similar
property.
(d)
Emergency - means any occurrence or set of circumstances involving
actual or imminent physical trauma or property damage which demands
immediate action.
(e)
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.
(f)
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.
(g)
Motor Vehicle - means an automobile, motorcycle, truck and any other
vehicle propelled or driven otherwise than by muscular power.
(h)
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.
(i)
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.
(j)
Owner - includes:
i)
the owner at law,
By-Law #66/2020 Page 2 of 4
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.
(k)
Person - means any individual, firm, partnership, association,
corporation, company or organization of any kind.
(l)
Point of Reception - means any point on any lands or premises where
sound, originating from other lands or premises, is received.
(m)
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.
(n)
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.
(o)
Public Space - means any real property or structures thereon which are
owned or controlled by a governmental entity.
2.
PROHIBITED ACTS
(a)
Noise Nuisance Prohibited - Except to the extent permitted by this by-
law, no person shall make, continue, or cause to be made or continued,
any noise nuisance.
(b)
Specific Prohibitions - Without limiting the generality of sub-section 2(a),
above, any person who contravenes any of the following provisions will
be declared to be in violation of this by-law:
(i)
Animals and Birds - No person shall own or possess or harbour
any animal or bird which creates a noise nuisance at a point of
reception;
(ii)
Construction Activities - No person shall operate or permit the
operation of any tools or equipment used in construction, drilling,
or demolition work any day between the hours of 10:00 P.M. and
7:00 A.M. the following day;
(iii)
Domestic Power Tools - No person shall operate or permit the
operation of any mechanical powered saw, drill, sander, grinder,
lawn or garden tool, snow blower, or similar device used
outdoors which creates a noise nuisance any day between the
hours of 10:00 P.M. and 7:00 A.M. the following day;
(iv)
Equipment Noise (including motor vehicles) - 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;
(v)
Loading and Unloading - No person shall load, unload, deliver,
pack or unpack, or otherwise handle any containers, products,
materials or refuse in such a manner as to create a noise
nuisance;
(vi)
People Noise - No person shall yell, shout, whistle or sing to the
extent that a noise nuisance is created;
(vii)
Abusive Language - No person shall use abusive, obscene, or
insulting language in a public forum;
By-Law #66/2020 Page 3 of 4
(viii)
Powered Model Vehicles - 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 any day between the hours of
10:00 P.M. and 9:00 A.M. of the following day;
(ix)
Radios, Television Sets, Musical Instruments and Sound
Producing Devices - 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 or 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 Municipality;
(x)
Standing Equipment and Motor Vehicles - No person shall allow
to operate or leave operating or running any equipment or motor
vehicle that is parked or standing, outside of a closed building,
for more than one hour at a time, except:
1)
in the event of an emergency and then only if the person
is taking immediate steps to remedy the emergency; or
2)
with the prior written authorization of the Chief
Administrative Officer, given for the purpose of facilitating
construction, repair or other short-term needs where no
reasonable alternative exists;
(xi)
Street Sales - No person shall offer for sale or sell anything by
shouting, out-cry or amplified sound;
(xii)
Vehicle or Motor Boat Repairs and Testing - No person shall
repair, rebuild, modify or test any motor vehicle, motorcycle,
motor boat, outboard motor, recreational vehicle or motorized
equipment in such a manner as to create a noise nuisance at a
point of reception any day between the hours of 10:00 P.M. and
7:00 A.M. of the following day.
3.
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 vehicle of the police or fire department or any ambulance or
any public service or emergency vehicle while answering a call.
(iv)
The ringing of church or school bells.
(v)
Concerts, Circuses, Fairs, Parades or any like activity where a
permit has been issued by the Chief Administrative Officer.
(vi)
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.
(vii)
Railway rolling stock.
4.
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,
By-Law #66/2020 Page 4 of 4
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 or more than $500 on each such conviction.
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 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.
d)
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.
e)
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.
Municipality of North Norfolk by-law #21/2016 is hereby repealed.
DONE AND PASSED in Council assembled at the Council Chambers of the Municipality
of North Norfolk at MacGregor in the Province of Manitoba, this _12th day of
__August___ , A.D. 2020.
MUNICIPALITY OF NORTH NORFOLK
_"original signed by Gerald Barber"_________________
Gerald Barber
Mayor
___"original signed by Theresa Bergen"___________
Valorie Unrau
Chief Administrative Officer
Read a first time this
8th
day of
July
A.D. 2020
Read a second time this
12th
day of
August
A.D. 2020
Read a third time this
12th
day of
August
A.D. 2020