Noise By-Law No. 4604 (2020) — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot f4c6f710bbdf · verified 2026-06-09 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## TOWN OF THE PAS ## BY-LAW NO. 4604 ## BEING A BY-LAW OF THE TOWN OF THE PAS PERTAINING TO NOISE AND TO REPEAL BY-LAW NO. 4511. ## WHEREAS Section 232(1) of the Municipal Act provides: The Council may pass by-laws for municipal purposes respecting the following matters: - (b) people, activities and things in, or near a public place, or 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; - (c) subject to Section 233, activities or things in or on private property. WHEREAS Section 233(d) of the Municipal Act provides inter alia: - (a) A by-law under clause 232(1)(c) "activities or things in or on private oroperty, may contain provisions only in respect of (d) activities ol things that in the opinion of the council are or cold become nuisance, which may include noise, weeds, odours, unsightly property, fumes and vibrations. WHEREAS Section 239 of the Municipal Act provides: - (1) If this or any other act or by-law authorizes or requires anything to be inspected, remedied, enforced or done by a municipality, a designated officer of the municipality may, after giving reasonable notice to the owner or occupier of land or building or other structure to be entered to carry out inspection, remedy, enforcement or action, 2. (a) enter a land or structure at any reasonable time, carry out an inspection, enforcement or action authorized or required by the act or by-law; 3. (b) request that anything be produced to assist in the inspection, remedy, enforcement or action; and 4. (C) make copies of anything related to the inspection, enforcement action. remedy - (2) In an emergency, or in extraordinary circumstances, the designated officer leed not give reasonable notice or enter at a reasonable hour and may d hings referred to in clauses (1)(a) and (c) without the consent of th owner AND WHEREAS it is deemed advisable to exercise the powers set out in the said section of the said sections of the Municipal Act, as excessive sound is a sound that may be prejudicial to their life or welfare, or safety, or diminish the quality of life. NOW THEREFORE BE IT ENACTED as a By-Law of The Town of The Pas, and IT IS HEREBY ENACTED as follows: 1. This by-law shall be referred to as the Noise By-Law of the Town of The Pas. 2. Definitions: 3. (a) "Town" means the Town of The Pas 4. (b) "Industrial Noise" means a noise normally made in the course of normal operations by a machine when used by industry or il construction, exclusive of motor vehicles required to be licensed under The Highway Traffic Act; 5. (c) cause noise immediately outside the limits of the parcel of land on which it is located. 6. (d) "Town Limits" means territorial limits of The Town of The Pas; 7. (e) "Wrongful Noise" means any noise unnecessarily or unreasonably caused, whether as to degree of noise or at all, within the Town Limits which is liable to disturb or annoy residents lawfully within the Town Limits by night or by day, and without restricting the generality of the foregoing, includes the ringing of bells other than church bells or school bells, the blowing of horns, the beating of drums, shouting or screaming or otherwise disturbing the peace, the firing of firearms, the operating of any vehicle other than an mache watering, he penin ot anything which causes unnecessary or unreasonable noise, the operation of anything that causes noise because of bad maintenance, bad repair or improper operation. 3. The making of a wrongful noise within the limits of The Town of The Pas is prohibited. 4. No industrial machine may be operated between the hours of 10 p.m. and 7 a.m. except for the snow removal and street / parking lot sweeping in the Commercial and Industrial Zones and equipment owned and or operated by The Town of The Pas in emergency situations. During the hours of 7 a.m. and 10 p.m. such industrial machines may be operated, provided all reasonable effort is made to minimize the noise produced by means of such machines, and provided such sound minimization equipment as is normally used with such machines is in operation. 5. No loud speaker or other device for the amplification of sound shall be used on the highways or at any public place in The Town of The Pas that is not fully enclosed, between the hours of 10 p.m. and 7 a.m. without a permit first being obtained from the authority of Town Council prescribing the time, place and period and for the use thereof. 6. (a) No motor vehicle shall be operated within the limits of The Town of The Pas so as to cause unnecessary squealing of tires or throwing of gravel, therein, from the spinning of wheels of the vehicle due to willful and excessive acceleration thereof, and no motor vehicle shall be operated in such a manner so as to cause wrongful noise by virtue of the undue and excessive acceleration of the motor of ## TOWN OF THE PAS ## BY-LAW NO. 4604 ## TOWN OF THE PAS ## BY-LAW NO. 4604 any such motor vehicle. - The use of engine retarder brakes are prohibited within the limits of he Town of Themes and that sighs will beer brakes are prohibited 7. No person who is in lawful control of a place shall permit any wrongtul noise to be made in that place, or any noise to be made by an industrial machine during the prohibited period of the day hereinbefore set forth. 8. Any person violating any of the provisions of this by-law shall be liable to a fine not exceeding one thousand dollars ($1,000.00), refer to the Town of The Pas Provincial Offences Act By-Law No. 4572. Furthermore every person violating any of the provisions of this by-law is liable to the Town for any expenses, loss or damage incurred by the Town by reason of such violation and such cost along with the fine may be charged against the property owner and treated and collected as taxes levied against the property. 9. This by-law shall come into force upon the passing thereof. 10. By-law No. 4511 4606 is hereby repealed.     DONE AND PASSED IN COUNGIL ASSEMBLED THIS DAY OF INAD. 2020. Assistant C.A.O. ## CERTIFIED THAT BY-LAW NO. 4604 WAS: READ A FIRST TIME THIS il th READ A SECOND TIME THIS 251 READ A THIRD TIME THIS arch DAY OF /aLI DAY OF Ma- DAY OF Ma A.D. 2020 A.D. 2020 A.D. 2020 Assantana.