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The Local Government District of Pinawa
By-law No. 941-2025
BEING A BY-LAW OF THE LOCAL GOVERNMENT DISTRICT OF PINAWA TO
REGULATE UNNECESSARY AND HARMFUL NOISE WITHIN THE LOCAL
GOVERNMENT DISTRICT OF PINAWA.
WHEREAS Section 231 (a) of the of the Manitoba Municipal Act hereinafter
referred to as the MMA, provides the authority the power to pass by-law to respect
its right to govern the municipality in whatever way the council considers
appropriate, within the jurisdiction given to it under this or other acts.;
AND WHEREAS 232(1) (a) of the MMA permits a council to pass by-laws for
municipal purposed respecting the safety, health, protection and well-being of
people, and the safety and protection of property.
AND WHEREAS 232(1) (c) of the MMA permits a council, subject section 233, to pass
by-laws respecting activities or things in or on private property.
AND WHEREAS Section 233 (d) of the MMA permits a council to pass by-law
regarding activities or things that in the opinion of the Council are or could become
a nuisance, which may include noise, weeds, odours, unsightly property, fumes and
vibrations.
AND WHEREAS the Council of the Local Government District of Pinawa wishes
to establish restrictions on the level of certain noises within the municipality
NOW THEREFORE the Council of the Local Government District of
Pinawa, in open session assembled, enacts as follows:
SECTION 1 - SHORT TITLE
This By-law may be referred to as "the Local Government District of Pinawa Noise
Control By-law".
SECTION 2 - DEFINITIONS
Construction - shall mean 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.
Demolition - shall mean any · dismantling, intentional destruction or removal of
structures, utilities, public or private right-of-way surfaces, or similar property.
Emergency - shall mean c;1ny occurrence or set of circumstances involving actual
or imminent physical trauma or property damage which demands immediate
action.
Emergency Work- shall mean any work performed for the purposes of preventing
or alleviating th·e physical trauma or property damage threatened or caused by
an emergency.
Industrial Machine - shall mean any machine proP,erly used in any zone of the
LGD in accordance with applicable provisions of an LGD By-law -
including
contractors' equipment - that cause noise immediately outside of the limits of the
parcel of land on which it is located in excess of 85 decibels.
_Motor Vehicle - shall mean an automobile, motorcycle, truck and any other vehicle
propelled or driven otherwise than by muscular power.
Motorized Recreational Vehicle - shall mean all recreational motorized vehicles
whether or not licensed or registered, including, but not limited to, commercial or non-
commercial racing vehicles, motorcycles, go-carts, snowmobiles, trail bikes,
amphibious craft and motor boats.
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Local Government District of Pinawa
By-law 941-2025
Noise Nuisance - shall mean 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.
Person - shall mean any individual, firm, partnership, association, corporation,
company or organization of any kind.
Point of Perception - shall mean any point on any lands or premises where sound,
originating from other lands or premises, is received.
Powered Model Vehicle - shall mean 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, to any model airplane, boat, car or rocket.
Sound - shall mean an oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces that causes
compression and ratification of that medium.
The description of sound may
include any characteristic of such sound, including duration, intensity and
frequency.
LGD - shall mean the Local Government District of Pinawa.
SECTION 3 - PROHIBITED ACTS
3.
Except to the extent permitted by this by-law no person shall make, continue,
or cause, or allow to be made or continued any noise nuisance.
The following acts, among others, and the causing thereof, are declared to be
violations of this by-law. The .said enumeration shall not be deemed to be
exclusive, namely:
a) Owning, possessing or harboring any animal or bird which creates a noise
nuisance.
b) The sounding of any bell, horn, siren, or other signal device on any motor
vehicle, motorcycle, bicycle, or other vehicle of whatsoever kind, except
when required by law.
c) Operating or permitting 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 on any day of the week between
the hours of 10:00 o'clock p.m. and 7:00 o'clock a.m. the following day.
d) Operating or permitting the operation of any power or manual equipment,
machinery, device or motor vehicle in such a manner as to create a noise
nuisance.
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e) Operating or permitting the operation of a powered model vehicle so as to
create a noise nuisance at a point of reception between the hours of 10:00
p.m. and 7:00 a.m. of the following day.
f) Operating or permitting the operation of an engine or motor in or on any
motor vehicle or attached auxiliary equipment for a continuous period
exceeding 10 minutes, while such vehicle is stationary in a residential
district or in any_ other location within one hundred and fifty (150)
meters of a residential district between the hours of 10:00. p.m. and 7:00
a.m. of the following day.
g) Beating of Drums.
h) Yelling, shouting, screaming, whistling, or singing to the extent that a
noise nuisance is created.
i)
Firing of firearms, the firing or setting off of fireballs, squibs, firecrackers or
fireworks. The operation of anything with the intent to cause unnecessary
or unreasonable noise.
j) The operation of anything that causes noise· because or bad maintenance,
bad repair, or improper operation (as for instance spinning motor vehicle
wheels to make the tires squeal on the pavement).
k) Operating, playing or permitting the operating or playing of any radio,
televisions, phonograph, drum, musical instrument, loudspeaker, public
address system, sound amplifier or other 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, including
the operation of any radio or sound amplifications system of any kind
in any motor vehicle.
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Repairing, rebuilding, modifying or testing of any motor vehicle, motorcycle,
motorboat, outboard motor or recreational vehicle in such a manner as to
create a noise nuisance at a point in reception between the hours of 10:00
p.m. and 7:00 a.m.
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Local Government District of Pinawa
By-law 941-2025
m) No person shall operate an industrial machine between the hours of 10:00
p.m. and 7:00 a.m. without a written permit issued under the authority of the
LGD.
n) No person who is in lawful control of a place shall permit any noise
nuisance to be made in that place or any noise to be made by an industrial
machine during the prohibited period of the day.
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SECTION 4 - EXEMPTIONS
4.1 The provisioris of this by-law shall not apply to:
a) The existence of any emergency or the emission of such 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 right- of-way or public space.
c) Any military or other bands or parade, operating under written permit from
the LGD.
d) Any vehicle of the police or fire department or any ambulance or any public
service or emergency vehicle.
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.
g) Any concert, circus, fair, parade, or other community event as the Council
in its discretion may determine, where a permit for such event has been
issued by Council.
Any such exemption being subject to any restrictions
imposed by Council in such permit.
h) Any activity, work or undertaking which would otherwise be prohibited by
this by-law where a permit has been issued by the Council.
i) The clearing of snow on private parking lots, Monday to Saturday
inclusive between the hours of 6:00 a.m. and 12:00 midnight.
j) The lighting of Fire Works as a public display, as approved by the Fire Chief
or his designate, in a controlled location for the benefit of the community at
large on both July 1·st and the May long weekend or on such other day as
approved through a permit issued by the LGD.
SECTION 5 - EXEMPTION PERMIT
5.1 Any person may make an application to the LGD of Pinawa for an exemption
from any of the provisions of this By-law.
5.2 An application for an exemption from any of the provisions of this By-law
shall be made to the Resident Administrator and should be made at least
14 days prior to the first date for which the permit is sought.
5.3 The Exemption Application is set out on Schedule "A";
5.4 The Resident Administrator may if, in their discretion, it is in the public
interest to do so:
a) Require the publication of notice to the public by social media or a
newspaper of general circulation or otherwise as directed by the
Resident Administrator;
b) post a notice of any application for an exemption permit on the LGD of
Pinawa's website.
5.5 In considering an application for an exemption permit, the overriding
consideration shall be the impact, as determined by the Resident
Administrator in their discretion, on the public interest if the exemption
request is granted.
5.6 Without limiting the generality of section 5.5, the Resident Administrator
shall have regard to all of the following when considering a request for an
exemption permit:
- a) any negative effects that the issuance of the permit may have on persons
in the neighbourhood or the public generally;
b) any benefits that the issuance of the permit may have on persons in the
neighbourhood or the public generally;
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By-law 941-2025
c) any previous violations of this by-law or any exemption permit by the
applicant or any person on whose behalf the current exemption
application has been made; and
d) anything else that the Resident Administrator deems relevant in their
consideration of whether it would not be contrary to the public interest to
issue the requested exemption permit.
5.7 The Resident Administrator, after reviewing and considering an exemption
permit request, may, in their discretion:
a) grant the requested exemption, with or without conditions;
b) refuse to grant the requested exemption; or
c) grant the requested exemption to a greater or lesser extent, With or
without conditions.
5.8 Without limiting the generality of section 5.7, the conditions that the Resident
Administrator may impose on an exemption permit, include, but are not
limited to, conditions relating to:
a) The event or other activity that may generate the noise;
b) the specific part of the property on which the noise may be made;
c) the type and volume of the noise that may be made;
ct) the times during which noise may be made;
e) the period of time during which the exemption permit is in effect; and
f) the monitoring of the noise by a qualified person and, if required, the filing
of an interim and/or final report to the Resident Administrator respecting
the event or other activity;
5.9 Where the Resident Administrator refuses to grant an exemption or an
exemption is granted with conditions, or a lesser exemption is granted, the
applicant may appeal the Resident Administrator's decision to Council by
filing with the Resident Administrator a written notice of appeal within twenty
(20) days of the date that the Resident Administrator's decision on the
application was made.
5.10 After receipt of a properly made notice of appeal, the Resident
Administrator shall notify the applicant of the appeal hearing date, once
established.
5.11 If the Applicant does not attend on the hearing date for the appeal, Council
may deem the appeal to be abandoned or may consider it in the absence
of the applicant and the applicant shall not be entitled to further notice of
the proceeding.
5.12 Upon consideration of an appeal, Council shall have regard for the criteria
established in sections 5.5 and 5.6 of this By-law and may uphold or vary,
with or without conditions, the decision made by the Resident
Administrator.
5.13 No person who receives an exemption permit under this By-law shall fail
to comply with all terms and conditions contained in such permit, including,
without limitation, any term specifying the date and period of time during
which the permit is effective.
5.14 Any breach of the terms or conditions of an exemption permit, or any error
or mission in the information provided to the LGD of Pinawa pursuant to
Schedule "A" of this By-law shall immediately, and without notice, render
the exemption null and void.
SECTION 6 - PENAL TY
Subject to Section 249 of The Municipal Act, Contravention of By-law is an
Offence. Any person who contravenes or refuses, neglects, omits or fails
to obey, or observe any provision within this By-Law shall be subject to a
penalty on summary conviction of a fine as set out in By-law 909-2023
Fees, Fines and Charges or subsequent replacement by-law, which shall
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Local Government District of Pinawa
By-law 941-2025
be payable to the Municipality, and may be collected by the Municipality
in the same manner as a tax may be collected or enforced under The
Municipal Act (Manitoba).
Subject to Section 249(2) of the Municipal Act, Where a contravention continues
for more than one day, the person is guilty of a separate offence for each
day it continues.
An Administrative Fee will be applied as set out in By-law 908-2023 Provincial
Offences Act or subsequent revised by-laws for unpaid fines.
Wherever the provision of any by-law of the LGD imposes overlapping or
contradictory regulations over the control or prohibition of noise, or contains any
restriction covering any of the same subject matter contained herein, the most
restrictive standard shall apply.
SECTION 7- BY-LAW REPEALED
Local Government District of Pinawa By-law number 868-2020 is hereby repealed.
SECTION 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.
DONE AND PASSED at Pinawa in the Province of Manitoba this 13th day of May
2025.
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Resident Administrator
Given first reading this 8th day of April, 2025
Given second reading this 13th day of May, 2025
Given third and final reading this 13th day of May, 2025
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Applicant
Address
/
Civic Address
~
<Pmawa>
16t·i¢1i .. :f-C
y
Public or Prjvate Pl)pperty
Contact Person Re~ponsible for Event
Dates and Times f. l
Permit
Dates and Times f. Permit
Dates and Times fi r Permit
Public or Prjvate E ent
Number of People
peded
Ages of Attendees
Reason why Exem~tion should be granted
Reason why noise !fnust be so loud
Source of Sound
Is there a building r walls to contain sound
Which way will sp kers be broadcasting
Local Government District of Pinawa
By-law 941-2025
Schedule A
Noise By-law Exemption Application/Permit
Mobile Phone No.
Emai.l:
Mobile Phone N:o.
Can the sound be
directed if complaint r-eceived
I certify that the inf◄ mation / have provided on this application is frue to the best of my knowledge. J hal.le read the LGD of Pinawa
Noise By~law and quest a temporary exemption from the· provisions of this By--/aw.
Appltcanf Si-gnature:
-------- -------- Date
Application ReceivMd by:
--------------
Phone _____ _
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