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TOWN OF VIRDEN
## NUISANCE BY-LAW NO. 2646
BEING A BY-LAW OF THE TOWN OF VIRDEN TO PROVIDE FOR THE REGULATION OF PUBLIC ORDER AND NOISES, TO BE KNOWN AS THE "NUISANCE BY-LAW".
WHEREAS the Town of Virden is empowered under Section 232 of The Municipal Act, L.M. 1996 to provide for regulating public order;
AND WHEREAS the Town of Virden is empowered under Section 233 of The Municipal Act, L.M. 1996 to provide for prohibiting noises;
order and for suppression of and necessar to it prote To the maintenance of NOW THEREFORE, the Council of the Town of Virden in regular session assembled enacts as follows;
## PART I: DEFINITIONS
## DEFINITIONS
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.
All reference herein to "he" shall include "she" unless the context thereof requires otherwise.
In this by-law:
(c)
"RCMP" means the Staff Sergeant for the local RCMP Detachment and any one acting or authorized to act on his behalf.
(1)
"TOWN" means the Town of Virden or the area contained within the boundaries thereof.
"COUNCIL" means the Council of the Town of Virden.
(3)
(4) "FIRE CHIEF" means the Fire Chief for the Wallace District Fire Department and anyone acting or authorized to act on his behalf.
(5) "NOISE" means any loud or harsh sound.
"NUISANCE" means an activity which interferes with the reasonable use of public or private property by any individual entitled to use such property.
Moring or ma CaP orang police appointed by an
refere hervicer or designated officer unless the context thereof
"PARKS DEPARTMENT" means the Parks Department of the Town of Virden
(8)
"PERSON" means any individual and includes firm, partnership, association, corporation, company, or group of persons.
(9)
"RESIDENTIAL AREA" means any area where persons mustan a rese foe, in Loding all aw and al sher arden where residences are maintained.
"STREET" means any public right of way, including a highway, providing primary access to abutting property, used as a public thoroughfare for vehicles and pedestrians including streets under coy square, or pain, and here thay, or pat so ay and includes
"VEHICLE" shall include any carriage, cart, wagon, sled, sleigh, motorcycle, motor vehicle, trailer, truck, bus, traction engine, bicycle, and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include the cars of electric, steam or diesel electric railways running only on rails.
(12)
## PART II: PROHIBITED NOISES
Except where otherwise permitted by this By-law, no person shall make, continue or a or al to be made orientinued, by what orderer from the pe tich health or safety of any other person.
Without restricting the generality of Section 2 hereof, the following shall be
deemed likely to annoy, disturb, injure, endanger or detract from the peace, health
3.
or safety of any other person:
the sound caused by the discharge of a gun or other firearm, grenade, or any other explosive or noise making device, including a firecracker or other fireworks, unless specifically authorized by the RCMP, Fire Chief or Council;
order to give warning of the existence of a present or impending dangerous situation.
the sound emanating from a musical instrument or loud speaker, when audible from a distance of thirty metres (97.5 feet) or more, unless authorized by the RCMP or Council;
the sound emanating from an improperly operated or maintained vehicle, including the squealing of tires, the operation of a vehicle with an improperly maintained or otherwise deficient exhaust system and those noises which emanate from a vehicle by reason of its state of disrepair.
the sound resulting from the operation of an internal combustion engine, prevents the emanating of loud or unusual noises;
conjunction with an exhaust system and muffler which effectively
whether situated within a vehicle or otherwise, except where used in the sound emanating from excavation or construction work of any nature between 22:00 hours of any day and 0700 hours of the next following day (oted by apocable and use provision ons were e such conduct is the sound resulting from the operation of any motorized lawn mower, snow clearing device, chain saw, motorized garden tiller or motorized toy in any residential area between 2200 hours of any day and 0700 hours of the next following day (10:00 p.m. - 7:00 a.m.). This provision shall apply notwithstanding Section 4 hereof;
the sound created by the use or operation of any drum, horn, bell, radio or
mechanical loudspeaker, or other instrument of device or sound-
(h)
producing, sound-reproducing, or sound transmitting instrument or apparatus for the purposes of advertising of for attracting attention to any performance, show or sale or display of good, wares or merchandise or which projects noise or sound into any street or other public place;
(i) any loud, blasphemous, abusive, obscene, or insulting language or singing or shouting in a boisterous manner;
or other sound caused by any domestic animal.
() any loud, excessive, or continual barking, howling, wailing, caterwauling
## PART III: PERMITTED NOISES
4. None of the provisions of this by-law shall apply to:
Satisfaction of the RCMP, nause provisions, and it is shown, to the
sound resulting from an activity which is being carried on and is not in
(a)
the sound intensity level is not unreasonable, taking into consideration the type of activity allowed by the applicable land
use provisions; and all reasonable steps have been taken by the owner of the property from which the sound is emanating in order to reduce the intensity;
(ii)
all military parades;
sound emanating from any parade authorized by the RCMP, and including the use of any bell, whistle or similar sound in conjunction with the operation of the railway locomotive, engine or other rolling stock when used in accordance with other applicable lawns and in particular The Railway Act of Canada;
(d) snow clearing and road maintenance vehicles operated by the Town of Virden of the Province of Manitoba Department of Highways or their designates and individuals clearing commercial parking lots;
sound emanating from the Fire Hall alarms, of the sirens of any emergency vehicle while engaged in providing public service to the residents of, or visitors to the Town or during testing of the Emergency Measures Organization civil defense siren;
authorized by the RCMP or Fire Chief;
sound generated by emergency work of any nature when such work is
(g) the use of any bell, chime, or similar sound for the purpose of calling persons to church and/or school services.
## PART IV: NUISANCES
benches or other things or to loiter in front of any business establishment or residence or in a street so as to cause any obstruction to the free use of the said street or, by any manner of conduct, commit any public nuisance by collecting, loitering or standing as an idler on any of the streets or sidewalks of the Town, or in any public place within the Town, or on the step of or approach to a house or
No person shall be allowed to stand in groups or to sit or lounge on chairs,
...
other premises open to a street whereby a member or members of the public are liable to be subjected to a disturbance or annoyance provided that nothing contained in this Section shall be construed to extend to any person taking part in any lawful procession or gathering.
No person shall advertise any sale of merchandise, furniture or any other article, matter or thing by the ringing of any bell, blowing of any horn, crying, or creating any other discordant noise in any of the streets of the Town.
No person shall climb, bark, break, peel, cut, deface, injure or destroy the whole or any part of any tree, sapling, or shrub now growing or which may hereafter be planted by any person or by the Parks Department in any street or public place of the Town, nor may any such tree be removed or cut down unless by permission of Town unless prior written approval is granted by the RCMP.
No person shall fire or discharge any gun, fowling piece of firearms within the
8.1
the Town nor shall the plea answering the call of Nature be considered a palliation
No person shall indecently expose himself in any of the streets or public places of of the offense.
No person shall post or put up any indecent placard, writing or picture or write any indecent or immoral words or make any indecent pictures or drawings, any of which may be morally offensive to modesty and delicacy, on any public or private building, wall, fence, sign, monument, post, sidewalk or pavement, in any of the streets or public places of the Town.
11. Every person found drunk or disorderly in any street or public place, shall be liable to the penalties of this by-law.
facilities, retail stores and malls, on which there is erected and maintained signage
property, lan oding l nay mirs to pauses, eradia dontes, re arabic indicating that skateboarding thereon is prohibited.
The owner or person in charge or control of private property who wishes to take advantage of the above regulation for the purpose of keeping persons from skateboarding on the property shall erect and maintain thereon clear and legible signs which indicate that, pursuant to the Town's Nuisance By-law, skateboarding Where any person in charge or control of a skateboard commits any infraction of Observing any such its in, tech skateboard and impound sane for a period of thirty (30) days. The owner of any such skateboard so impounded, may recover same by:
providing sufficient proof of ownership to the Town of Virden; and paying a fine as established in the Town's Annual Fee Schedule.
## PART V: PENALTIES
Any person o this By lace elecs am of ent a is lay or observe summary conviction to a fine not exceeding One Thousand Dollars ($1,000.00) and no lower than One Hundred Dollars ($100.00) and costs on conviction or to imprisonment for a term not exceeding ninety (90) days or to both such a fine and such an imprisonment.
for more than one (I) day, the person is guilty of a separate offense for
Where the contravention, refusal, neglect, omission of failure continues each day that is continues.
## PART VI: REPEAL AND ENACTMENT
By-law No. 2235 is hereby repealed.
The repeal of the by-law in the last preceding subsection mentioned shall not revive any By-law of any provision of any By-law repealed by them, nor shall the said repeal prevent the effect of any saving clause in the said by-laws or the application of any of the said by-laws or any other by-law or provision of law formerly in force to any transaction, matter of thing anterior to the said repeal to which they would otherwise apply.
(b)
The repeal of the said by-law should not affect:
(c)
Any penalty, forfeiture or liability incurred before the time of such repeal, or any proceedings for enforcing the same had, done, completed or pending at the time of such repeal; or
(ii) Any action, suit, judgment, decree, certificate, executive, process, order, rule or any proceeding, matter or thing whatever, respecting the same had, done, made, entered, granted, completed, pending, existing or in force at the time of such repeal; or acquired, sabiace, or chain at the in of tuba depent, made,
(iii) Any act, deed, right, title, interest, grant, assurance, registry, rule,
(iv) Any office, appointment, commission, salary, allowance, security, duty, or any matter or thing appertaining thereto at the time of such
- (v) Any bond, note, debenture, debt, or other obligation made, executed, or entered into by the Town at the time of such repeal.
The repeal of the said by-law shall also not defeat, disturb, invalidate, or prejudicially affect any matter or thing whatsoever had, done, completed, existing or pending at the time of such repeal.
(d)
14. This by-law shall come into full force and take effect upon the passage there.
DONE AND PASSED by the Council of the Town of Virden, duly assembled this 19th day of June A.D. 2007.
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Read a first time this 5th day of May, A.D., 2007 Read face time this 1 day of me, A D, 2007