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RURAL MUNICIPALITY OF ROLAND
BY-LAW NO. 5-2009
Being a by-law to regulate unnecessary and harmful noise
within the communities of Roland and Myrtle.
WHEREAS Section 370 of the Municipal Act, R.S.M, 1988, C. M225, provides:
"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 loud speakers or other devices for the amplification of sound".
AND WHEREAS Section 98 of the Municipal Act, R.S.M. 1988, a. M225, provides inter alia
that Council may:
(a) "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 Council deems to be necessary or advisable".
AND WHEREAS it is deemed advisable to exercise the powers set out in the said Sections of the
Municipal Act as excessive sound is a serious hazard to the public health and welfare, safety and quality
of life and the public has a right to and should be ensured an environment free from excessive sound that
may be prejudicial to their health or welfare or safety or diminish the quality of life.
NOW THEREFORE the Council of The Rural Municipality of Roland enacts as follows:
1. THAT this By-Law may be referred to as the "Noise Control By-Law" and shall,
for the purpose of this By-law apply to the following communities:
(a) The community of Roland shall be defined as the settled portion of the
North East Quarter of Section 4, Township 5, Range 5 West of the Principal
Meridian, in Manitoba. (NE 4-5-4W)
(b) The Townsite of Myrtle shall be defined as the settled portion of the North West Quarter
of Section 32, Township 4, Range 3 West of the Principal
Meridian, in Manitoba. (NW 32-4-3W)
2. Definitions:
(a) Municipality means the Rural Municipality of Roland.
(b) Commercial, Industrial or Residential District means the various zoning districts as defined in the By-
Laws relating to Zoning and the planning Scheme of the Rural Municipality of Roland.
(c) Emergency means any occurrence or set of circumstances involving actual or imminent
physical trauma or property damage threatened or caused by an emergency.
(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.
(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.
(h) Powered Model Vehicle means any self-propelled airborne, water-borne 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.
RURAL MUNICIPALITY OF ROLAND
BY-LAW NO. 5-2009
Page 2
(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 rarification 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 person owning or possessing or harbouring any animal or bird shall allow it to create a noise
nuisance.
(b) Except to the extent, as may hereinafter be permitted by this By-Law. 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.
(c) (i) 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 11:00 p.m. and 7:00 a.m. of the following day.
(ii) No person shall operate or permit the operation of any mechanical powered saw, drill, sander, grinder,
lawn or garden tool, or similar device used outdoors, to create a noise nuisance at the point of reception at
any time except between the hours of 7:00 a.m. and 11:00 p.m. on weekdays and Saturdays and between
the hours of 10:00 a.m, and 11:00 p.m. on Sundays.
(d) No person shall operate, play or permit the operation or playing of any radio, television, digital audio
player, portable media player, 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.
(e) No person shall operate, play, or permit the operation or playing of any radio, television, digital audio
player, portable media player, 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 RM of Roland.
(f) No person shall by shouting, or otherwise, whether by amplified sound or other, cause a noise nuisance
within the communities of Roland and Myrtle.
(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 11:00 p.m. and 7:00 a.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.
(b) Work performed in respect of the maintenance, construction or demolition of a public right-of-way or
public space.
(c) Any vehicle of the police or fire department or any ambulance or any public service or
emergency vehicle while answering a call.
(d) The ringing of church or school bells.
(e) The using or operating of sound producing devices during the month of December in any year for the
rendering of Christmas carols.
(f) Concerts, circuses, fairs, parades or any like activity where a permit has been issued by the R.M. of
Roland.
(g) Any activity, work or undertaking which would otherwise be prohibited by this By-Law
where a permit has been issued by the R.M. of Roland.
(h) Aircraft
RURAL MUNICIPALITY OF ROLAND
BY-LAW NO. 5-2009
Page 3
5. This By-Law shall be administered by a Peace Officer in and for the Province of Manitoba, or a By-Law
Enforcement Officer appointed by the RM of Roland.
6. Penalty - shall be in accordance with Section 746 of the Municipal Act.
7. Wherever the provisions of any By-Law or Planning Scheme of the Municipality, or any By-Law or
Planning Scheme administered by the Municipality 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 restrictive standard shall apply.
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 by the Council of the Rural Municipality of Roland,
in the Village of Roland, in the Province of Manitoba, this 14th day of July, A.D., 2009.
" W.M. Whitehead "
" Dianne Toews"
W.M. (Bill) Whitehead,
Dianne Toews,
Reeve
Chief Administrative Officer
Read a first time this 9th day of June A.D. 2009
Read a second time this 14th day of July A.D. 2009
Read a third time this 14th day of July A.D. 2009