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CITY OF THOMPSON
BY-LAW NUMBER 1849-2011
BEING A BY-LAW TO REGULATE UNNECESSARY NOISE.
WHEREAS Section 232(1) of the Municipal Act, SM 1996, c. 58-M225 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, SM 1996, c. 58-M225 provides inter
alia:
(a)
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 Section 239 of the Municipal Act, SM 1996, c. 58-M225 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,
(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;
(b)
request that anything be produced to assist in the inspection,
remedy, enforcement or action; and
(c)
make copies of anything related to the inspection, remedy,
enforcement action.
(2.)
In an emergency, or in extraordinary circumstances, the designated officer
need not give reasonable notice or enter at a reasonable hour, and may do
things referred to in clauses in (1)(a) and (c) without the consent of the owner
or occupant.
Noise By-law 1849-2011 Page 2
AND WHEREAS it is deemed advisable to exercise the power 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, the public has a right to and should be
ensured an environment free from excessive sound that may be prejudicial to their
life or welfare, or safety, or diminish the quality of life.
NOW THEREFORE BE IT RESOLVED as a By-law of the City of Thompson, and IT
IS HEREBY ENACTED as follows:
2.
This by-law may be referred to as "The City of Thompson Noise Control By-
law".
3.
Definitions: All terminology used in this by-law, not defined below, shall be in
conformance with current publications of the Canadian Standards Association
(CSA) and the American National Standards Institute (ANSI) or respective
successor body.
(a)
"City" means the City of Thompson.
(b)
"Commercial, Industrial or Residential District" means the various
zoning districts as defined in the by-laws relating to Zoning and the
Planning Schemes of the City of Thompson.
(c)
"Designated Officer" means a person appointed to a position
established under Section 130 of the Municipal Act LM 1996, C. 58-
Chap M225, and shall for the purposes of this by-law include all
members of the Royal Canadian Mounted Police.
(d)
"Emergency or Extraordinary Circumstances" means any occurrence or
circumstance involving actual or imminent physical trauma or property
damage that demands immediate action.
(e)
"Emergency Work" means any work performed for the purpose of
preventing or alleviating the physical trauma or physical damage
threatened or caused by an emergency.
(f)
"Motor Vehicle" means an automobile, motorcycle, truck or any other
vehicle propelled or driven other than by muscular power.
(g)
"Motorized Recreational Vehicle" means all recreational motorized
vehicles whether or not duly licensed and registered, including, but not
limited to, commercial or non-commercial racing vehicles, motorcycles,
go-carts, snowmobiles, trail bikes, amphibious craft and motor boats.
Noise By-law 1849-2011 Page 3
(h)
"Noise Nuisance" means any sound or vibration caused by any sound
that can be heard from a distance of thirty meters (98.4 feet) or more,
or felt from a distance of 10 meters (32.8 feet) or more, which is likely
to, or does annoy, injure or disturb the health, peace or safety of any
person.
(i)
"Powered Model Vehicle" means any self-propelled airborne, water-
borne or land borne airplane, vessel or vehicle, which is not designed
to carry a person including, but not limited to, any model airplane, boat,
car or rocket.
(j)
"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.
4.
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.
No person shall own, possess, keep or harbour any dog which by its
repeated barking, creates a noise nuisance or disturbs or tends to
disturb the quiet, peace, rest, enjoyment, comfort or convenience of
any person or persons within the neighbourhood or vicinity.
(b)
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)
No person shall operate or permit the operation of a powered chainsaw
so as to create a noise nuisance at a point of reception any time except
between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and
Saturdays and Sundays between the hours of 1:30 p.m. and 10:00 p.m.
(d)
No person shall on any day before 7:00 a.m. or after 10:00 p.m.
construct, reconstruct, alter, repair or demolish any building, structure
or thing, or excavate or fill land in any manner which creates a noise
nuisance or disturbs the quiet, peace, rest, enjoyment, comfort or
convenience of any person or persons in the neighbourhood or vicinity.
Noise By-law 1849-2011 Page 4
(e)
No person shall make or cause or allow or permit to be made or
caused, any noise nuisance in or on any property that disturbs or tends
to disturb the quiet, peace, rest, enjoyment, comfort or convenience of
any person or persons in the neighbourhood or vicinity.
(f)
No person who is the owner or occupier or tenant of property shall use
such property or any part thereof or allow or permit such property or
any part thereof to be used in such a manner that noise or sound which
occurs thereon or emanates therefrom creates a noise nuisance at a
point of reception.
(g)
No person shall commit or abet the committing of any noise nuisance.
(h)
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 10:00 p.m and 7:00 a.m. of the following day.
(i)
No person shall operate, play or permit the operation or playing of any
device either electronic or manual, musical instrument, loudspeaker,
public address system, sound amplifier or similar device which
produces, reproduces or amplifies sound in such a manner as to create
a noise nuisance at a point of reception at any time, unless used for the
purpose of advertising some patriotic or other public object and unless
a permit has been issued by the City Manager.
(j)
No person shall by shouting, or otherwise, whether by amplified sound
or otherwise cause a noise nuisance within the City.
(k)
No person shall repair, rebuild, modify or test any motor vehicle,
motorcycle, motorboat, outboard motor, snowmobile or motorized
recreational vehicle in such a manner as to create a noise nuisance at
a point of reception between the hours of 10:00 p.m. and 7:00 a.m. on
weekdays and Saturdays and at no time on Sundays.
(l)
No person being the owner, occupier or tenant of property shall allow or
permit or be a party to vice, drunkenness, profane swearing or indecent
obscene, blasphemous and grossly insulting language or other
immorality or indecency which creates a noise nuisance or disturbs or
tends to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of any person or persons in the neighbourhood or vicinity.
Noise By-law 1849-2011 Page 5
5.
Exceptions - the provisions of this by-law shall not apply to:
(a)
A noise nuisance resulting from an activity which is being carried on
and is not in breach of any applicable land use provisions, and is
shown, to the satisfaction of the City Manager that the noise nuisance
is not unreasonable and all reasonable steps have been taken by the
owner of the property from which the noise nuisance is emanating to
reduce the intensity.
(b)
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.
(c)
Work performed in respect of the maintenance, construction or
demolition of a public right-of-way or public space.
(d)
Any military or other bands or any parade, operating under written
permit from the City Manager.
(e)
Any vehicle of the police or fire department or any ambulance or any
public service or emergency vehicle while answering a call.
(f)
The ringing of church or school bells.
(g)
The reasonable use or operation of sound producing devices during the
month of December in any year for the rendering of Christmas carols.
(h)
Concerts, Circuses, Fairs, Parades, or any like activity where a permit
has been issued by the City Manager.
(i)
Any activity, work or undertaking which would otherwise be prohibited
by this by-law where a permit has been issued by the City Manager.
(j)
Aircraft and railway rolling stock.
(k)
Any snow clearing or street cleaning activities on public or private
property.
6.
Enforcement - any designated officer may enter the property of any person
committing an offence under this by-law and may take such action as is
necessary to enforce this by-law, including the arrest of any such person
where the action of that person or persons creates an emergency or
constitutes an extraordinary circumstance of noise nuisance.
Noise By-law 1849-2011 Page 6
7.
Penalties will be assessed in accordance with the terms and provisions of the
City of Thompson Compliance By-law Number 1735-2007.
8.
Wherever the provisions of any by-law or Town Planning Scheme of the City,
or any by-law or Town Planning Scheme administered by the City impose
overlapping or contradictory regulations or the control or prohibition of noise,
or contain any restrictions covering any of the same subject matter contained
herein, the most restrictive shall apply.
9.
By-law Number 1666-2001 of the City of Thompson is hereby repealed.
10.
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.
THIS BY-LAW SHALL COME INTO FORCE ON THE DAY FOLLOWING THE DATE
OF THIRD READING.
READ A FIRST TIME THIS 7th
DAY OF March , 2001 A.D.
READ A SECOND TIME THIS 21st DAY OF March , 2011 A.D.
READ A THIRD TIME THIS 4th
DAY OF April , 2011 A.D.
APPROVED AND ADOPTED THIS 4th DAY OF April, 2011 A.D.
THE CITY OF THOMPSON
PER:
MAYOR
PER:
CITY MANAGER