Noise Control 06 04.pdf — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot fdfe7adb2220 · verified 2026-06-09 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## RM OF COLDWELL ## BY-LAW NO. 06/04 ## BEING A BY-LAW TO REGULATE UNNECESSARY AND HARMFUL NOISE WITHIN THE RM OF COLDWELL. HEREAS Section 232(1) (c) of The Municipal Act provides that subject ection 233, activities or things in or on private propert acities or things Shat in 233 aim of Menopal at or ides become at nuisance, which may include noise,....and vibrations. NOW THEREFORE BE IT RESOLVED as a By-Law of the RM of Coldwell and it is hereby enacted as follows: - 1) THAT this By-Law be referred to as the RM of Coldwell Noise Control ByLaw; - 2) Definitions: All terminology used in this by-law not defined below, shall be conformance with current publications of the Canadian Standards Association (CSA) and the American National Standards Institute (ANSI) or respective successor body. - a) Rural Municipality means the RM of Coldwell. 4. Scheme of the RM of Coldwell. - d) 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. ) Emergency means any occurence or set of circumstances involving actua r imminent physical trauma or property damage threatened or caused b an emergency. - e) Motor Vehicle means an automobile, motorcycle, truck and any other vehicle propelled or driven otherwise than by muscular power. - f) Motorized Recreational vehicles means all recreational motorized vehicles whether or not duly licenced 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. - g) Noise Nuisance means any unreasonably loud or unusual sound or any sounds which are likely to, or annoy, injure, or disturb the health, peace, or safety of any person. - 1) Do land neel chic eel or rise, prich id it besign ey are come. person including, but not limited to, any model airplane, boat, car or rocket. - i) Sound means 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. - 3) Except to the extent permitted by this By-Law, no person shall make, continue, or cause to be made or continued, any noise nuisance, and specifically the following acts, among others, and the causing thereof, are declared to be in violation of this By-Law, namely: - a) No verson owning or possessing or harbouring any dog or domestic animal shall allow it to create a noise nuisance. 14. ) Except to the extent, as may hereinafter be permitted by this By-Law, n erson shall operate or permit the operation of any power or manua equipment, machinery, devise or motor vehicle in such a manner as to | 15. 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 11:00p.m. and 7:00a.m. off the following - d) No person shall operate, play or permit the operation or playing o fany 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. - 1) No person shall by shouting, or otherwise, whether by amplified sound or other, cause a noise nuisance within the RM of Coldwell. - e) No person shall operate, play or permit the operation or playing o fany radio, television, phonograph, drum, musical instrument, loudspeaker, strict which produces, reproduces or amplifies sound in such a mann as to create a noise nuisance at a point of reception at any time. - g) No person shall repair, rebuild, modify or test any motor vehicle, motorcycle, motor boat, outboard motor or motorized recreational vehicle in such a manner as to create a noise nuisance at a point of reception between the hours of 11:00p.m. and 7:00a.m. of the following day on weekdays and Saturdays and at no time on Sundays. - 4) Exceptions: The provisions of this By-Law shall not apply to: - a) 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. - c) Any military or other bands or any parade, operating under resolution from the RM of Coldwell. - b) Work performed in respect of the maintenance, construction or demolition of a public right-of-way or public space. - d) Any vehicle of the police or fire department or any ambulance or any public service or emergency vehicle while answering a call. - e) The ringing of church or school bells. - 1) The using or operating of sound producing devices during the month of - g) Concerts, circuses, fairs, parades or any like activity where a resolution has been passed by the RM of Coldwell. - h) Any activity, work or undertaking which would other wise be prohibited by this By-Law where a resolution has been passed by the RM of Coldwell. - i) Aircraft. - 5) This By-Law shall be administered by a Peace Officer in and for the Province of Manitoba. - 6) 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 $50.00 plus costs and not more than $500.00 plus costs or to be imprisoned for a period of three months in default of payment of any fine and costs so levied. - 7) When the contravention, or failure to comply with an order or direction given under this By-Law continues for more than one day, the person is guilty of separate offence for each day that the contravention continues. - 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 in Council duly assembled at the RM of Coldwell in the Province of Manitoba this 14* day of September, 2004.   B.R. Ohomar Brian Thomas - Reeve t tabuld Chief Administrative Officer Read a first time this Read a second time this Read a third time this 14' 14'h day of day of day of August, 2004. September, 2004. September, 2004.