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THE RURAL MUNICIPALITY OF RITCHOT
BY-LAW NO. 4-2023
Being a by-law of the Rural Municipality of Ritchot to prohibit or regulate certain
activities and things creating noise and to restrict when certain sounds may be made
WHEREAS sections 232(1)(a) of The Municipal Act, empowers a council to pass a by-law
respecting the safety, health, protection and well-being of people, and the safety and
protection of property;
AND WHEREAS section 233(d) of The Municipal Act empowers a council to pass a by-law
respecting the activities and things in, on or near a public place, and in or on private property,
including activities or things that in the opinion of council are or could become a nuisance, which
may include noise;
AND WHEREAS Section 236 (1) (b) (ii) of The Municipal Act C.C.S.M. c. M225 states:
236 (1) Without limiting the generality of clause 232 (1) (o) (enforcement of by-laws),
a by-law passed under that clause may include provisions
(b) remedying contraventions of by-laws, including
(ii) subject to the regulations, providing for fines and penalties,
including the imposition of a penalty for an offence that is in
addition to a fine or imprisonment, so long as the penalty relates to
a fee, rate, toll, charge or cost that is associated with the conduct
that gives rise to the offence, or related to enforcing the by-law.
AND WHEREAS the Council of the Municipality of Ritchot deems it advisable and in the
best interest of the Municipality to provide for an environment free from unusual,
unnecessary or excessive noises which may degrade the quality and tranquility of life in the
Municipality;
NOW THEREFORE the Council of the Rural Municipality of Ritchot enacts the by-law as
follows:
PURPOSE
1. The purpose of this By-law is to prohibit or regulate certain activities and things creating
noise, to abate the incidence of noise, and restrict when certain sounds may be made.
INTERPRETATION
2. In this By-law:
a) "Agriculture" means the practice of cultivating the soil or rearing animals;
b) "Construction" includes erection, alteration, repair, dismantling, demolition,
structural maintenance, painting, moving, land clearing, earth moving, grading,
excavating, the laying of pipes and conduit whether above or below ground level,
street and highway building, concreting, equipment installation and alteration and the
structural installation of construction components and materials in any form or for
any purpose, and includes any work in connection therewith;
c) "Construction Equipment" means any equipment or device designed and intended
for use in construction or material handling, including but not limited to, air
compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors,
excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-
highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers,
graders or other material handling equipment;
d) "Conveyance" includes a vehicle and any other device employed to transport a
person or persons or goods, from place to place but does not include any such device
or vehicle if operated only within the premises of a person;
e) "Highway" includes a common and public highway, street, lane, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle designed and intended for, or used
by, the general public for the passage of vehicles;
f)
"Intermittent" means to cause to cease for a time or at intervals;
g) "Motor Vehicle" includes an automobile, motorcycle, and any other vehicle
propelled or driven otherwise than by muscular power, but does not include cars of
electric or steam railways, construction equipment, farm tractor, self-propelled
implement of husbandry or road building machine within the meaning of The
Highway Traffic Act as amended;
h) "Motorized Conveyance" means a conveyance propelled or driven otherwise than
by muscular, gravitational or wind power;
i)
"Municipality" means the land within the geographic limits of the Rural
Municipality of Ritchot;
j)
"Noise" means unwanted noise;
GENERAL PROHIBITIONS
3. No person shall make, emit or cause or permit the emission of sound resulting from any
of the following activities or things:
a) The racing of any motorized conveyance other than in a racing event regulated by
law.
b) The operation of a motor vehicle in such a way that the tires squeal.
c)
The operation of any combustion engine or pneumatic device without an effective exhaust or
intake muffling device in good working order and in constant operation.
d) The operation of a vehicle or a vehicle with a trailer resulting in banging, clanking,
squealing or other like sounds due to improperly secured load or equipment, or
inadequate maintenance.
e) The operation of a motor vehicle horn or other warning device except where required
or authorized by law or in accordance with good safety practices.
f)
The operation of any item of construction equipment in a residential area without
effective muffling devices in good working order and in constant operation.
g) The operation of any malfunctioning condenser fan related to a refrigeration unit on a
commercial property.
h) The operation or use of any electronic device at a level that disturbs the peace,
enjoyment and comfort of individuals or the public.
i)
The operation of any banger or other noise-producing device used for the purpose of
scaring away animals, unless the impact noise is minimized at all times the device is
operated and the time restriction set out in Table 1 of Section 4 is complied with.
j)
Intermittent barking, calling or whining or other similar intermittent noise-making, if
such noise persists for a period of time in excess of one/half hour, by a domestic pet
or any other animal kept for any purpose other than agriculture.
k) The detonation of fireworks or explosive devices not used in construction.
l)
The use of engine retarder brakes North bound PTH 75 Lane and PR 305
m) The use of engine retarder brakes West bound PR 305 East of Louis Riel Bridge
n) The use of engine retarders brakes within 0.75 km of the boundary of St. Adolphe in a
northerly direction.
o) The use of engine retarders brakes within 1.5 kms of the boundary of St. Adolphe in
an easterly direction.
PROHIBITIONS BY TIME AND PLACE
4. No person shall make, emit or cause or permit the emission of sound resulting from any
activity or thing listed in Table 1 within a prohibited time shown for such an activity or
thing.
TABLE 1
1. The operation of any electronic device or group of
connected electronic devices incorporating one or more
loudspeakers or other electro-mechanical transducers, and
intended for the production, reproduction or amplification
of sound.
11 p.m. to 7 a.m.
2. The operation of any electronic device or group of
connected electronic devices incorporating one or more
loudspeakers or other electro-mechanical transducers, and
intended for the production, reproduction or amplification
of sound by any musical group or musical group members.
11 p.m. to 7 a.m.
3. The operation of any auditory signaling devices, including
but not limited to the ringing of bells, except for religious
services, or gongs and blowing of horns or sirens or
whistles, or the production, reproduction or amplification
of any similar sounds by electronic means, except where
required or authorized by law or in accordance with good
safety practices.
11 p.m. to 7 a.m.
4. The operation of a commercial car wash with air drying
equipment abutting a residential zone.
9 p.m. to 7 a.m.
5. Yelling, shouting, hooting, whistling or singing.
11 p.m. to 7 a.m.
6. All selling or advertising by shouting or outcry or amplified
sound.
9 p.m. to 8 a.m.
7. Loading, unloading, delivering, packing, unpacking, or
otherwise handling any containers, products, materials or
refuse in a residential zone or a business operation adjacent
to a residential zone, unless necessary for the maintenance
of essential services or the moving of private household
effects.
11 p.m. to 6 a.m.
8. The operation of any equipment in connection with
construction.
11 p.m. to 7 a.m.
9. The operation or use, in a residential zone, of any tool for
household purposes, other than snow removal.
11 p.m. to 7 a.m.
10. The operation or use, in a residential zone, of any power
tools for the purpose of repairing or constructing.
11 p.m. to 7 a.m.
11. The operation of any motorized conveyance other than on a
highway or other place intended for its operation.
9 p.m. to 7 a.m.
12. The operation of any banger or other noise-producing
device used for the purpose of scaring away animals.
11 p.m. to 7 a.m.
EXEMPTIONS
5. Public Safety
Despite any other provisions of this By-law, it shall be lawful to emit or cause or
permit the emission of sound or vibration in connection with emergency
measures undertaken;
a) for the immediate health, safety or welfare of the inhabitants or any of them,
or;
b) for the preservation or restoration of property.
6. Snow Removal
This By-law does not apply to noise generating from the operation of removing
or clearing snow or sanding and salting.
7. Construction Operations
Despite any other provisions of this By-law, no person shall operate any
equipment in connection with construction:
a) before 8:00 a.m. or after 8:00 p.m. any Saturday, or;
b) before 9:00 a.m. or after 8:00 p.m. on any Sunday or statutory or public
holiday, or;
c) before 7:00 a.m. or after 9:00 p.m., from Monday to Friday if the
construction operation is pertaining to roadway excavation, construction or
repair.
EXEMPTION BY COUNCIL
8. Application to Council
Despite anything contained in this By-law, any person may apply to Council for
an exemption from any of the provisions of this By-law with respect to any
source of sound or vibration for which he/she may be prosecuted. Council may
by resolution refuse to grant any exemption, or may grant the exemption applied
for or any exemption of a lesser effect, and any exemption granted shall specify
the time period, not to be in excess of six (6) months, during which it is effective
and may contain such terms and conditions as Council may deem appropriate.
9. Decision
In deciding whether to grant the exemption, Council shall give the applicant and
any person opposed to the application an opportunity to be heard, and may
consider such other information as it may deem appropriate.
10. Non-compliance
Non-compliance by the applicant with any of the terms or conditions of any
exemption granted by Council shall render the exemption null and void.
SEVERABILITY
11. If a court of competent jurisdiction should declare any section or part of a
section of this By-law invalid, such section or part of a section shall not be
construed as having persuaded or influenced Council to pass the remainder of
the By-law and it is hereby declared that the remainder of the By-law shall be
valid and shall remain in force.
ENFORCEMENT
12. The position of an Officer is established. The Officer shall be the person
appointed by the Municipality as its By-law Enforcement Officer.
13. The By-law Enforcement Officer may conduct inspections and take steps to
administer and enforce this By-law or to remedy a contravention of this By-law,
and for those purposes shall be a designated officer and have the powers of a
designated officer under the Act, a by-law enforcement officer under the
Municipal By-law Enforcement Act.
14. The Officer may enter property and buildings to carry out the administration and
enforcement of this By-law including for determining what actions or measures a
person must take in connection with any matter under this By-law, whether the
actions or measures have been taken, to prevent the contravention of this By-law,
to remedy a contravention of this By-law and to prevent a re-occurrence of a
contravention.
15. The Officer may commence a prosecution under the Act, the Municipal By-law
Enforcement Act for the purpose of enforcing a contravention of this By-law
through an offence.
PENALTY
16. Any person guilty of a breach of this By-law shall pay the administrative penalty
outlined in Schedule "B" of the Municipal By-law Enforcement By-law or
request a review by a screening officer in accordance with Part 5 of said By-law.
17. That the amount of the administrative penalties set out in Schedule "B" to the
Municipal By-law Enforcement By-law may be amended from time to time.
18. A person who contravenes any of the provisions of this By-law is guilty of an
offence and shall, upon conviction thereof, be liable on summary conviction to a
fine of not more than $1,000.00. Any costs associated with or resulting from
enforcing this By-law are in addition to any such fine, and are an amount owing
to the Municipality and may be collected in any manner in which a tax may be
collected or enforced under the Municipal Act.
19. Where contravention of this by-law continues for more than one day, the person
is guilty of a separate offence for each day that the offence continues.
OTHER
20. By-law No.14-2003 and all other amendments or by-laws prior to the date of
passing this by-law that are inconsistent with the provisions of this by-law are
hereby repealed.
DONE AND PASSED by the Council of the Rural Municipality of Ritchot, duly
assembled at St. Adolphe, in the Province of Manitoba this 7th day of March, 2023.
____________________________________
Chris Ewen, Mayor
____________________________________
Mitch Duval, Chief Administrative Officer
Read a first time this 22nd day of February, 2023.
Read a second time this 7th day of March, 2023.
Read a third time this 7th day of March, 2023.