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CITY OF PORTAGE LA PRAIRIE
BY-LAW NO. 7105
A by-law of the City of Portage la Prairie to regulate unnecessary and harmful noises.
WHEREAS the Municipal Act provides:
98
The Council of each municipality may, by by-law, make regulations not
contrary to law, respecting matters for which provision is not specifically
made herein, and, without restricting the generality of the foregoing shall
make regulations,
(a) for governing the organization and proceeding of the Council;
(b) respecting the time and place of holding its meetings; and
(c) for the calling of special or general meetings thereof;
and generally, but subject to The Public Health Act and any other Act of the
Legislature and regulations made thereunder, may make such other
regulations for the health, safety, morality, and welfare of the inhabitants and
for the peace, order and good government of the municipality as the Council
deems to be necessary or advisable.
370
The Council of any municipality may pass by-laws
(a) for regulating or prohibiting the ringing of bells, except church and school
bells, blowing of horns, beating of drums, and other noises liable to
disturb or annoy residents of the municipality; and
(b) for regulating, controlling, or prohibiting the use, on the highways or in
any public place, in the municipality, of loudspeakers or other devices for
the amplification of sound.
AND WHEREAS excessive sound is a serious hazard to public health and
welfare, safety and the quality of life;
AND WHEREAS people have a right to enjoy an environment free from
excessive noise;
AND WHEREAS technology now exists by which excessive noise may be
substantially abated;
NOW THEREFORE the City of Portage la Prairie, in Council assembled, enacts
as follows:
Section 1 - SHORT TITLE
This by-law may be referred to as "The City of Portage la Prairie Noise Control
By-Law"
Section 2 - DEFINITIONS
2.1
TERMINOLOGY
All terminology used in this by-law, not defined below, shall be in conformance
with current publications of the Canadian Standards Association (CSA) and the
American National Standards Institute (ANSI) or respective successor body.
2.2.1 "A" WEIGHTED SOUND LEVEL
means the sound pressure level in decibels as measured on a precision sound level
meter using the "A" weighting network and "slow" meter response. The level so
read is designated dBA.
2.2.2 CITY
means the City of Portage la Prairie.
2.2.3 CLERK
Means the Clerk of the City of Portage la Prairie.
2.2.4 COMMERCIAL, INDUSTRIAL OR RESIDENTIAL DISTRICT
Means the various zoning districts as defined in the by-laws relating to zoning of
the City of Portage la Prairie.
2.2.5 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.
2.2.6 DECIBEL (dB)
means a unit for measuring the amplitude of sound, equal to 20 times the
logarithm to the base 10 of the ratio of pressure of the sound measured to the
reference, pressure, which is 20 micropascals.
2.2.7 DEMOLITION
means any dismantling, intentional destruction or removal of structures, utilities,
public or private right-of-way surfaces, or similar property.
2.2.8 EMERGENCY
means any occurrence or set of circumstances involving actual or imminent
physical trauma or property damage, which demands immediate action.
2.2.9 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.
2.2.10 MOTOR VEHICLE
means an automobile, motorcycle, truck and any other vehicle propelled or driven
otherwise than by muscular power.
2.2.11 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
motor boats.
2.2.12 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.
2.2.13 PERSON
means any individual, firm, partnership, association, corporation, company or
organization of any kind.
2.2.14 POINT OF RECEPTION
means any point on any lands or premises where sound, originating from other
lands or premises, is received.
2.2.15 POWERED MODEL VEHICLE
means any self-propelled airborne, waterborne 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.
2.2.16 PRECISION SOUND LEVEL METER
means an instrument used to measure sound levels and specified as a Type I
Precision Sound Level Meter in CSA specification, Z107, 1-1973, or the
American National Standards Institute specification, ANSI SI. 4-1971 (R1976), as
amended from time to time.
2.2.17 PUBLIC RIGHT-OF-WAY
means any street, avenue, lane, highway, boulevard, sidewalk, park, square,
subway, bridge, wharf, thorough-fare or way or similar place, which is owned or
controlled by a governmental entity.
2.2.18 PUBLIC SPACE
means any real property or structures thereon which are owned or controlled by a
governmental entity.
2.2.19 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 and
characteristic of such sound, including duration, intensity and frequency.
2.2.20 SOUND LEVEL
means the "A" weighted sound level as measured and obtained by the use of a
Precision Sound Level Meter as specified in the Canadian Standards Association
(CSA) specification for sound level meters, Z107, 1-1973, or the American
National Standards Institute (ANSI) specification for sound level meters, ANSI
SI. 4-1971, (R1976), as amended from time to time.
2.2.21 WEEKDAY
Mean any day Monday through Friday, which is not a statutory holiday.
SECTION 3 - PROHIBITED ACTS
3.1
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.
3.2
SPECIFIC PROHIBITIONS
The following acts, among others, and the causing thereof, are declared to be in
violation of this by-law, but the enumeration shall not be deemed to be exclusive.
3.2.1 AIR CONDITIONERS, AIR MOVING DEVICES, PUMPS, FANS
No person shall operate or permit the operation of air conditioning equipment, air
moving devices, pumps or fans which exceed a sound level of 55 dBA as
measured at a point of reception between the hours of 7:00 o'clock a.m. and 9:00
o'clock p.m. and 50 dBA as measured at a point of reception between the hours of
9:00 o'clock p.m. and 7:00 o'clock a.m. of the next following day.
3.2.2 ANIMALS AND BIRDS
No person shall own or possess or harbor any animal or bird which creates a noise
nuisance at a point of reception.
3.2.3 CONSTRUCTION ACTIVITIES
No person shall operate or permit the operation of any tools or equipment used in
construction, drilling, or demolition work on Sundays at any time or on weekdays
between the hours of 10:00 o'clock p.m. and 7:00 o'clock a.m. the following day
or on Saturdays and statutory holidays before 7:00 o'clock a.m. and after 9:00
o'clock p.m.
3.2.4 DOMESTIC POWER TOOLS
No person shall operate or permit the operation of any mechanical powered say,
drill, sander, grinder, lawn or garden tool, snow blower, or similar device used
outdoors which creates a noise nuisance on weekdays between the hours of 9:00
o'clock p.m. and 7:00 o'clock a.m. the following day or on Saturdays or Sundays
and statutory holidays before 7:00 a.m. and after 9:00 o'clock p.m.
3.2.5 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.
3.2.6 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.
3.2.7 PEOPLE NOISE
No person shall yell, shout, whistle or sing to the extent that a noise nuisance is
created.
3.2.8 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 between the hours of 9:00 p.m.
and 9:00 a.m. of the following.
3.2.9 RADIOS, TELEVISION SETS, MUSICAL INSTRUMENTS AND SOUND
PRODUCING DEVICES IN RESIDENTIAL DISTRICTS
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.
3.2.10 RADIOS, TELEVISION SETS, MUSICAL INSTRUMENTS AND SOUND
PRODUCING DEVICES IN COMMERCIAL DISTRICTS
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 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 City.
3.2.11 STANDING VEHICLES
No person shall operate or permit the operation of any 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 150 meters of a residential district between the hours
of 10:00 o'clock p.m. and 7:00 o'clock a.m. of the following day.
3.2.12 STREET SALES
No person shall offer for sale or sell anything by shouting, outcry or amplified
sound within any residential or commercial district in the City.
3.2.13 VEHICLE OR MOTOR BOAT REPAIRS AND TESTING
No person shall repair, rebuild, modify or test any motor vehicle, motorcycle,
motor boat, outboard motor or recreational vehicle in such a manner as to create a
noise nuisance at a point of reception between the hours of 10:00 o'clock p.m. and
7:00 o'clock a.m. of the following day on weekdays and Saturdays and at no time
on Sundays.
SECTION 4 - EXEMPTIONS
4.1
The provisions of this by-law shall not apply to:
4.1.1 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.
4.1.2 Work performed in respect of the maintenance, construction or demolition of a
public right-of-way or public space.
4.1.3 Any military or other bands or any parade, operating under written permit from
the City.
4.1.4 Any vehicle of the police or fire department or any ambulance or any public
service or emergency vehicle while answering a call.
4.1.5 The ringing of church or school bells.
4.1.6 The using or operating of sound producing devices during the month of December
in any year for the rendering of Christmas Carols.
4.1.7 Concerts, Circuses, Fairs, Parades, or any like activity where a permit has been
issued by the City.
4.1.8 Any activity, work or undertaking which would otherwise be prohibited by this
by-law where a permit has been issued by the City.
4.1.9 Aircraft and railway rolling stock.
SECTION 5 - ADMINISTRATION
This by-law shall be administered by the Building Inspector of the City.
SECTION 6 - PENALTY
6.1
Every person who contravenes, or refuses, omits, or fails to obey or observe any
provision of this by-law is guilty of an offence and is liable, on summary
conviction to a fine not exceeding $1,000.00 or to imprisonment for a term not
exceeding one month or to both the fine and imprisonment.
6.2
In the absence of other evidence or by way of corroboration of other evidence, a
court may infer from the evidence of the peace officer relating to the conduct of a
person or persons, whether ascertained or not, that a noise nuisance as described
in this by-law was caused or occurred.
SECTION 7 - CONFLICT WITH BY-LAWS AND CITY PLANNING SCHEMES
Wherever the provisions of any by-law and a zoning by-law of the City 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 restricting standard shall apply
SECTION 8 - REPEAL
Sections 3, 5 and 6 of By-Law No. 6249 are hereby repealed.
SECTION 9 - 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 in Council assembled this 21st day of August, 1989.
The City of Portage La Prairie
(W.M. McMillan)
Mayor
(Marg Loewen) for H. Roberts
Clerk
Given first reading this 21st day of August, 1989.
Given second reading this 21st day of August, 1989.
Given third reading and passed this 21st day of August, 1989.