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The Rural Municipality of Mountain
BY-LAW NO. 07/17
BEING A BY-LAW TO REGULATE UNNECCESSARY AND HARMFUL NOISE
WITHIN THE RURAL MUNICIPALITY OF MOUNTAIN.
WHEREAS Sections 232 and 233 of The Municipal Act, provide in part as follows:
232(1)
A Council may pass by-laws for municipal purposes respecting the
following:
(a) The safety, health, protection and well-being of people, and the
safety and protection of property
(b) Subject to section 233, activities or things in or on private
property;
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 include noise, weeds, odours, unsightly
property, fumes and vibrations.
AND WHEREAS it is considered desirable and necessary to prohibit all loud,
unnecessary or unusual noises or any noise which annoys, disturbs, injures, or
endangers the comfort, peacefulness, health, or welfare of citizens within the Rural
Municipality of Mountain;
NOW THEREFORE the council of The Rural Municipality of Mountain enacts as
follows:
1.) DEFINITIONS
Unless otherwise expressly provided or unless the context otherwise requires,
words and expressions in this By-Law have the same meaning as the same words
and expressions in The Municipal Act;
"Emergency" means any occurrence or set of circumstances involving actual or
imminent trauma or property damage necessitating immediate action;
"Engine Retarder Brakes" means a system which switches the diesel engine to a
compression mode creating back pressure in the engine's exhaust system and
increasing resistance to the release of air expelled from the cylinders thus absorbing
some of the energy of the truck thus slowing the rotation of the drive wheels;
"Fire Chief" means the Fire Chief of any Fire Department within the Rural
Municipality of Mountain.
"Nuisance Noise" means any loud, unnecessary or unusual sound or any sound
whatsoever which annoys, disturbs, injures, endangers or distracts from the
comfort, repose, health, peace and/or safety of any reasonable person as
determined by an Officer.
"Officer" means any member of the Royal Canadian Mounted Police Force and any
other police officer, police constable, constable, designated officer or other person
appointed and employed by the Rural Municipality of Mountain for prevention and
maintenance of the public peace.
"Owner" means the person or persons or the corporation shown as the registered
owner on the latest revised assessment rolls of the Rural Municipality of Mountain.
"Occupant" means and includes an owner, lessee, tenant, sub-tenant, under-tenant
and respective assigns, heirs and legal representative, and includes any person,
business or corporation exercising physical control or possession of real property or
premises with or without the consent of the owner.
2.) PROHIBITED NOISES
No person shall make, continue to cause, or allow any Nuisance Noise except
where otherwise permitted by this By-law.
The following shall be deemed likely to be Nuisance Noise and restricted between
the hours of 11:00 p.m. and 7:00 a.m. but not limited to:
(a) The sound caused by the lighting and/or setting off of any explosive noise
making device, including a firecracker or other fireworks.
(b) No person owning, possessing or harboring any animal or bird shall allow
it to create a Nuisance Noise.
(c) The sound from excavation or construction work of any nature.
(d) The sound resulting from the use and/or operation of any power tool,
motorized lawn mower, snow clearing device, chain saw, leaf blower,
motorized garden tiller, weed/grass trimmer, motorized toy, or similar
device used outdoors.
(e) The sound created by the use or operation of any drum, horn, bell, radio
or mechanical loudspeaker, or other instrument or device or sound
producing, sound re-producing, or sound transmitting instrument or
apparatus for the purposes of advertising or for attracting attention to
any performance, show or sale or display of goods, wares or merchandise
which projects noise or sound into any street or other public place at any
time.
The following shall be deemed likely to be Nuisance Noise regardless of the hour:
(a) Any loud, offensive, abusive, obscene or insulting language or singing or
shouting or speaking in a boisterous manner.
(b) The sound coming from any musical instrument or loudspeaker, when as
determined by an Officer is audible from a distance of thirty (30) meters
or more.
(c) Operate, apply or otherwise use an engine retarder brake on any vehicle
driven within an Engine Retarder Brake Prohibited Zone (see Appendix
'A') within the Rural Municipality of Mountain, except in an emergency
where it is necessary in the circumstances to do so.
(d) Any operation of any vehicle not equipped with an adequate muffler, or
the operation of anything that causes noise because of bad maintenance,
bad repair or improper operation;
(e) The spinning of wheels of motor vehicles due to willful and excessive
acceleration therefore so as to cause unnecessary squealing of tires or
reckless driving;
The property/owner, lessee, occupier or Person in control of a Premises is
responsible for Nuisance Noise created by invitees, guests or other persons on the
Premises in the same manner as the person actually creating the Nuisance Noise
unless the property owner, lessee, occupier or Person in control of the Premises
establishes that he exercised due diligence in a bona fide effort to control and abate
such Nuisance Noise.
3.) PERMITTED NOISES
The provisions of this By-Law shall not apply to:
(a) Sound coming from any concert, circus, fair, parade, street festival, block
party, wedding or similar activity authorized by a Resolution of Council;
(b) Any farmer or agent or employee of a farmer operating farm equipment
during the normal course of farming operation;
(c) Any agent, employee, servant or contractor of the Municipality
performing services for or on behalf of the Municipality;
(d) Sound coming from the clearing of snow from private parking lots and
driveways;
(e) Sound coming from the Fire Hall alarm, or the sirens of any emergency
vehicle while engaged in providing Emergency Work or responding to an
Emergency or during testing of an Emergency warning siren;
(f) Sound coming from the sound system of recognized recreational facilities
with the Municipality during special events;
(g) The uses of any bell, chime or similar sound for the purpose of calling
persons to church and/or similar school services;
(h) The lighting and setting off of fireworks, by certified persons, as a public
display or celebration with the approval and watch of the Fire Chief;
(i) Aircraft or airports;
(j) Any activity, work or undertaking which would otherwise be prohibited
by this By-Law where a noise nuisance permit or permissions has been
issued by a Resolution of Council.
4.) CONTRAVENTION AND FINES
Any person who contravenes this By-Law shall be subject to fines as set out in
Schedule 'A'.
That By-Laws 06/08, 986, 977 and any By-Laws inconsistent herewith are hereby
repealed upon final approval of this By-Law by the Minister of Infrastructure.
DONE AND PASSED as a by-law of The Rural Municipality of Mountain at the L.U.D.
of Birch River in the Province of Manitoba this day of , 2017.
The Rural Municipality of Mountain
................................................
Marvin Kovachik
Reeve
................................................
Robin Wiebe
Chief Administrative Office
Read a first time this 23rd day of August , 2017.
Read a second time this 13th day of September , 2017.
Read a third time this ____ day of _______ , 2017.
I, Robin Wiebe, Chief Administrative Officer of the Rural Municipality of Mountain, hereby certify
under the corporate seal of the Municipality, that the foregoing is a true and correct copy of By-Law
No. 07/17 of The Rural Municipality of Mountain, which has been given 2nd reading on the 13th day
of September, A.D. 2017.
The Rural Municipality of Mountain
CHIEF ADMINISTRATIVE OFFICER
Schedule 'A'
By-Law No. 07/17
Fines for the regulation of Noise By-Law
Provision of
By-Law
Description of Offence
Set Fine for
1st Offence
Set Fine for 2nd
Offence
Set Fine for
3rd Offence
2 (a)
Make, continue to cause or
allow nuisance noise created
by the lighting and/or setting
off of any explosive noise
making device, including a
firecracker or other fireworks
between the hours of 11:00
pm and 7:00 am
$100
$200
$500
2 (b)
Allow nuisance noise of any
animal or bird between the
hours of 11:00 pm and 7:00
am
$100
$200
$500
2 (c)
Make, continue to cause or
allow nuisance noise from the
sound from excavation or
construction work between
the hours of 11:00 pm and
7:00 am
$100
$200
$500
2 (d)
Make, continue to cause or
allow nuisance noise from the
use and/or operation of any
power tool as further
described in this clause
between the hours of 11:00
pm and 7:00 am
$100
$200
$500
2 (e)
Make, continue to cause or
allow nuisance noise created
by the use and operation of
any drum, horn, bell, radio or
mechanical loudspeaker, as
further described in this
clause between the hours of
11:00 pm and 7:00 am
$100
$200
$500
2 (f)
Make, continue to cause or
allow nuisance noise by loud,
offensive, abusive, obscene or
insulating language, singing,
shouting or speaking in a
boisterous manner regardless
of hour of the day
$100
$200
$500
2 (g)
Make, continue to cause or
allow nuisance noise caused
by any musical instrument or
loudspeaker audible from a
distance of 30 meters or more
regardless of hour of the day
$100
$200
$500
2 (h)
Operate, apply or otherwise
use Engine Retarder Brakes
within an Engine Retarder
Brake Prohibited Area
$100
$200
$500
2 (i)
Any operation of any vehicle
not equipped with an
adequate muffler, or the
operation of anything that
causes noise because of bad
maintenance, bad repair or
improper operation;
$100
$200
$500
2(j)
The spinning of wheels of
motor vehicles due to willful
and excessive acceleration
therefore so as to cause
unnecessary squealing of tires
or reckless driving;
$100
$200
$500
Appendix 'A'
By-Law 07/17
Engine Retarder Brake Prohibited Zones
Rural Municipality of Mountain
Area
Description of Area
Birch River
Within the Limits of the LUD of Birch River
Pine River
Within the Limits of the LUD of Pine River
Mafeking
Within the Limits of the LUD of Mafeking
Cowan
Within the Limits of the Townsite of Cowan
Bellsite
Within the Limits of the Townsite of Bellsite