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## THE RURAL MUNICIPALITY OF TACHÉ
## BY-LAW NO. 15-2016
BEING a By-law of the Rural Municipality of Taché to regulate and prohibit unnecessary, harmful & nuisance noise.
WHEREAS Sections 232 and 233 of The Municipal Act provides in part as follows:
232(1) A council may pass by-laws for municipal purposes respecting the following matters;
- (a) the safety, health, protection and well-being of people, and the safety and protection of property;
- (c) subject to section 233, activities or things in or on private property;
- (b) people, activities and things in, on or near a public place or a place open to the public, including parks, municipal roads, recreation centres, restaurants, facilities, retail stores, malls and private clubs and facilities that are exempt from municipal taxation;
·....
- (i) the sale and use of firecrackers and other fireworks, the use of rifles, guns and other firearms, and the use of bows and arrows and other devices;
....·
- (o) the enforcement of by-laws.
233 A by-law under clause 231(1)(c) (subject to Section 233 activities or things in or on private property) may contain provisions only in respect of
...
- (d) activities or things that in the opinion of council are or could become a nuisance, which may include noise, weeds, odours, unsightly property, fumes and vibrations.
AND WHEREAS it is deemed expedient to pass a By-law for the purpose of Exercising the powers as set out in the said sections of the Municipal Act, as excessive sound disrupts peace, threatens order and is a serious hazard to the public health and welfare, safety and quality of life and the public has the right to and should be ensured an environment free from excessive sound that may be prejudicial to their health or diminishes the quality of life.
NOW THEREFORE the Council of the Municipality of Taché, in Council assembled, enacts the following by-law which shall govern the inspection, remedy, enforcement or action respecting noise nuisances.
- 1.0 Title
- 1.1 This By-law may be referred to as "The Rural Municipality of Taché Noise By-law";
## 2.0 Definitions
- 2.1 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.
- 2.2 Wherever the singular or masculine are used throughout this By-law, the same shall be construed as meaning the plural or feminine or neutral, where the context so requires.
## 2.3 In this By-law
- (a) "CAO" means the Chief Administrative Officer of The Rural Municipality of Taché or their designate.
- "Designated Officer" means a by-law enforcement officer, building inspector or other official appointed by council, from time to time, to enforce this by-law, or, in the absence of such an appointment, the Chief Administrative Officer is, by this by-law,
- (c) "Emergency" means any occurrence or set of circumstances including actual or imminent physical trauma or property damage which demands immediate action.
- (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) "Fire Chief" means the Municipal Fire Chief of The Rural Municipality of Taché Fire Department as appointed from time to time.
- (f) "Municipality" means the Rural Municipality of Taché.
- (g) "Noise" means any loud or harsh sound.
- (h) "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.
- (i) "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 Taché for preservation and
- (i) "Occupier" means occupier as defined in The Municipal Assessment Act C.C.S.M.
- (k) "Owner" in the case of any property means the registered owner of the property according to the current assessment records of the
- (1) Person mean ory indir ral and include rare hintext requires shall include the plural as well as the singular.
- (m) "Point of Reception" means any point on any lands or premises where sound, originating from other lands or premises is received.
- (n) "Premises" means a building or buildings including the associated land.
- (0) "Property" means real property as defined in The Municipal Assessment Act within the Municipality of Taché whether or not there is situated thereon a dwelling house or any other building.
- (p) "Residential Area" means any area where a person or persons maintain a residence, and without limiting the generality of the foregoing, shall include all areas zoned as Residential pursuant to The Rural Municipality of Taché Zoning By-law and all other areas where residences are maintained.
- (9) "Sound" means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium and the description of sound may include any characteristic of such sound, including duration, intensity and frequency.
- 3.0 This By-law applies to all property and to all owners and occupiers of property within the Rural Municipality of Taché.
## 4.0 Prohibited Noises
- 4.1 No Person shall make, continue to cause, or allow to be made or continued, by whatever means, any Noise or Nuisance Noise except where otherwise permitted by this By-law.
- 4.2 Without restricting the generality of Section 4.1 hereof, the following shall be deemed likely to be Noise or Nuisance Noise:
- (a) the Sound caused by the lighting and/or setting off of any explosive noise making device, including a firecracker or other fireworks, unless specifically authorized by the Fire Chief or CAO;
- (b) the Sound emanating from any musical instrument or loudspeaker, when as determined by an Officer is audible from a distance of thirty (30) meters or more, unless authorized by the Officer or CAO;
- (c) the Sound emanating from excavation or construction work of any nature between the hours of 11:00 p.m. of any day and 7:00 a.m. of the next following day, except on Sundays when no excavation or construction work is permitted;
- (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 tos or similar device used outdoors in any Residential Area between 11:00 p.m. of any day and 7:00 a.m. of the next following day;
- (e) the Sound emanating from any motorized vehicle(s) for a duration of 30 minutes or longer unless authorized by the Officer or CAO;
- (f) 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
- (g) any loud, blasphemous, abusive, obscene or insulting language or singing or shouting or speaking in a boisterous manner.
- 4.3 The property/owner, lessee, occupier or Person in control of a Premises is responsible for Noise and/or 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 o1 Person in control of the Premises establishes that he exercised due diligence in a bona fide effort to control and abate such Nuisance Noise.
## 5.0 Permitted Noises
- 5.1 None of the provisions of this By-law shall apply to:
- (a) Sound resulting from an activity which is being carried on and is not in breach of any applicable land use provisions, and it is shown. to the satisfaction of the Officer or CAO, that:
- (i) the Sound intensity level is not unreasonable, taking into consideration the type of activity allowed by the applicable land use provisions; and
- (ii) all reasonable steps have been taken by the owner, lessee, occupier or Person in control of the property from which the Sound is emanating in order to reduce the intensity;
- (b) Sound emanating from any parade authorized by the CAO;
- (c) Sound emanating from any street festival, event, block party or similar function authorized by the CAO;
- (d) snow clearing, road maintenance and road construction vehicles and equipment operated by the Municipality or the Province of Manitoba or their agents and/or contractors;
- (e) grass and field of play maintenance vehicles and equipment operated by the Municipality or the Province of Manitoba or their agents and/or contractors;
- Sound emanating 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 the Emergency Measures civil defense or warning siren;
- (g) Sound emanating from the sound system of Sports Complex, Arenas and/or curling rink facilities;
- (h) the use of any bell, chime or similar Sound for the purpose of calling persons to church and/or similar school services;
- (i) the use or operation of Sound producing devices during the month of December in any year for the emanating of Christmas carols;
- (i) the use, in a reasonable manner, of any apparatus, mechanism or device for the amplification of the human voice or of music on public property in connection with any duly approved public meeting, celebration or other public gathering;
- (k)
## 6.0 Contravention & Fines
- 6.1 The Notice of Breach, as provided for in this Section, and to be issued by an Officer for contravention of this By-law shall be in the form as provided for in Schedule "A" attached hereto and forming part of this Bylaw. An Officer may also issue a Common Offence Notice of the Province of Manitoba for contravention of this By-law.
- 6.2 Any Person who contravenes this By-law shall be issued a Notice of Breach or a Common Offence Notice of the Province of Manitoba by the Officer and such Person may voluntarily dispose of the matter by attending at the Municipal Office during regular office hours within thirty (30) days of the date of the Notice of Breach or Common Offence Notice and pay to the CAO the fine as set out in the Notice of Breach or Common Offense Notice which fine shall be as follows:
- (a) to a fine of not less than Two Hundred Dollars ($200.00) and to a maximum of Five Hundred Dollars ($500.00) for the first offense.
- (b) to a fine of not less than Five Hundred Dollars ($500.00) and to a naximum of One Thousand Dollars ($1,000.00) for the secon offense and for each subsequent offence within twelve (12) month of the first offense, and in default of payment, to imprisonment for not more than thirty (30) days.
- 6.3 If a Person served with a Notice of Breach or a Common Offence Notice of the Province of Manitoba under this By-law fails to pay the fine as set out in the Notice of Breach or the Common Offence Notice within the hirty (30) day period, the Officer shall lay an Information with respect t he contravention and a Summons will be issued for the Person to atten before a Provincial Court Judge, Magistrate or Justice of the Peace. Any Person found guilty for contravention of this By-law before a Provincial Court Judge, Magistrate or Justice of the Peace is subject to a minimum fine of Five Hundred Dollars ($500.00) for a first offence and to a minimum fine of One Thousand Dollars ($1,000.00) for the second offence and for each subsequent offence plus all applicable court costs.
- 6.4 A fine levied and costs charged under this By-law may be collected in any manner in which a tax may be collected or enforced under The Municipal
- 7.0 Severability
- 7.1 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.
- 8.0 Repeal
- 8.1 By-law No. 23-2006 and its amendments are hereby repealed in its entirety.
DONE and PASSED as a by-law of The Rural Municipality of Taché at the Municipal Office in Lorette, Manitoba in the Province of Manitoba this of November A.D. 2016.
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Tudo dus
Mayor
I Christie Herot
Chief Administrative Officer
READ a First time this gth \_day of November \_, A.D. 2016.
READ a Second time this29th day of, November A.D. 2016.
READ a Third time and PASSED this 29t 2016. day of November \_ A.D.
## RURAL MUNICIPALITY OF TACHÉ NOTICE OF BREACH
## OFFENDER
Name:
Civic Address:
Mailing Address:
## SCHEDULE "A" Noise By-law No. 15-2016
## You are charged that on the day of \_, 20
you did unlawfully
- 01 Make, continue to cause, or allow to be made or continued by whatever means a Nuisance Noise.
- 02 Light or set off an explosive or noise making device, including fire crackers or other fireworks, without having obtained the authorization of the Fire Chief or the CAO of The Rural Municipality of Taché. (Section 4.2(a)).
- 04 The sound emanating from excavation or construction work between the hours of 11:00 p.m. and 7:00 a.m. of the following day or excavation or construction work on a Sunday. (Section 4.2(c)).
- 03 The sound emanating from a musical instrument or loudspeaker, audible from a distance of 30 meters without prior authorization from the Officer or CAO of The Rural Municipality of Taché. (Section 4.2(b)).
- 05 The use and/or operation of a 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 in a residential area between 11:00 p.m. and 7:00 a.m. (Section 4.2(d)).
- 07 Loud, blasphemous, abusive or insulting language or singing or shouting or speaking in a boisterous manner. (Section 4.2(f)).
- 06 The use and/or operation of a 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 purpose of advertising or for attracting attention to any performance, show or sale or display of goods, wares, or merchandise or which projects noise or sound into any street or other public place. (Section 4.2(e)).
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/she exercised due diligence in a bona fide effort to control and abate such Nuisance Noise.
FINE AMOUNT: $ .00
1s offense, OR (min fine $200 / max fine $500)
$. .00
2"d or subsequent offence (min fine $500 / max fine $1,000.00)
Duration of ali, on ta may be made yaendiots dim in fies of The Fri) within 30 days and pay the above noted fine.
IF YOU FAIL TO RESPOND TO THIS CHARGE within 30 days of the date on the Notice of Breach you are subject to, upon conviction before a Provincial Cour Judge, Magistrate or Justice of the Peace, a minimum fine of $500.00 for a firs offence or a minimum fine of $1,000.00 for a 2"° or subsequent offence plus all applicable costs.
Dated at The Rural Municipality of Taché, in the Province of Manitoba this \_day
Officer, The R.M. of Taché