Demolition/Noise & Nuisance By-Law - Town of Springdale — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 85a3c2bfaefc · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## Town of Springdale By-Law | Department: By-Law | Title: Demolition/Noise & Nuisance By- Law | |----------------------|----------------------------------------------| | By-Law Number: BL009 | Approval Date: February 16, 2026 | | Effective Date: | Revision Date: | | Motion #26-30 | | ## 1. DEFINITIONS UNDER THIS BYLAW - a. ACT means the Towns and Local Service Districts Act (2025) - c. COUNCIL means the council of the Town of Springdale. - b. AIR GUN means those guns commonly referred to as BB or Pellett guns and all guns operated by pump or spring mechanisms and compressed gas cylinders regardless of muzzle velocity. - d. DANGEROUS OR UNSIGHTLY means partly demolished, decayed, deteriorated or in a state of disrepair so as to be dangerous, unsightly, or unhealthy and includes property containing: - i. Ashes, junk, rubbish or refuse, or derelict vehicle, vessel, item of equipment or machinery or bodies of these or parts thereof; - ii. An accumulation of wood shavings, paper, sawdust, dry and flammable grass, or weeds or other combustible materials; - ili. An accumulation of materials or refuse that is stockpiled, hidden, or stored away and is dangerous, unsightly, unhealthy, or offensive to a person, or - iv. Any other thing that is dangerous, unsightly, unhealthy, or offensive to a person and includes a property, a building, or a structure with or without structural deficiencies 1. that is a ruinous or dilapidated condition, 2. the condition of which seriously depreciates the value of land or buildings in the neighbouring vicinity; 3. that is in such a state of non-repair as to be no longer suitable for human habitation or business purposes; 4. that is an allurement to children who may unsafely play here; 5. constitutes a hazard to the health or safety of the public; 6. that is unsightly because the exterior finish of the building or structure is nor maintained; 8. that has been excavated or had fill placed on it in a manner that results in a hazard or that is in a poor state of hygiene or cleanliness. 7. that is a fire hazard to itself or to surrounding lands or buildings;  - e. NOISE means any sound which in the opinion of Council, having regard for all circumstances, including the time of day and the nature of the activity generating the sound, is likely to unreasonably annoy or disturb person as to injure, endanger or detract from the comfort, response, health, peace or safety of persons within the municipal boundaries. - g. PERSON bursaries / incentives health and community n - f. NUISANCE means anything, or any condition of things, which is or may become, in the opinion of Council a danger or hazard to the public, unpleasant to the senses, a disturbance, or which adversely affects the amenities or enjoyment of other properties within the Town. - h. TOWN means the Town of Springdale ## 2. REQUIREMENTS UNDER THIS BYLAW - a. No person shall make, continue or cause to be made or suffer or permit to be made or continued any noise which is unreasonably loud or excessive. - c. Factors for determining whether a sound is unreasonably loud or excessive include but are not limited to the following: - b. For the purpose of these bylaws, a noise will be considered to be unreasonably loud or excessive if it unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity in the vicinity. - i. The proximity of the sound to sleeping facilities, whether residential or commercial. - ii. The land use, nature and zoning of the area from which the sound emanates and the area where it is received or perceived. - iv. The duration of the sound. - ili. The time of day or night the sound occurs. - v. The volume of the sound. - vi. The nature of the sound. - vii. Whether the sound is recurrent, intermittent, or constant; and the nature of the event or activity from which the sound emanates. - d. A staff member designated by Council may direct any person who has caused or made a noise or nuisance or any person who owns property from which noise or nuisance has originated, to abate or eliminate the noise or nuisance. Such a direction may either be verbal or written. 3. The following acts are deemed to be in violations of these Bylaws per se and are prohibited. This enumeration does not constitute an exclusive list. No person shall: - a. Create a noise within the Town through the usage of firearms or other noise making devices, except as may be approved by Council and subject to the approval of law enforcement or other regulatory agencies.  - b. Create a noise within the Town through the usage of shouting or noise making devices for the purpose of selling wares, soliciting business, or attracting attention, and; - c. Create a noise within the Town through the use of motor vehicle horns except as may be reasonably necessary in the opinion of Council for the satety and warning of traffic and pedestrians. 4. Where a use of land or activity otherwise lawfully permitted at a location within the Town necessarily involves the creation of noise, as defined by these Bylaws, the person owning, operating or controlling the activity; or the person owning ot controlling the property upon or within which the activity is allowed to take place shall take all reasonable steps to ensure that the noise created by the said activity is minimized as much as practicable in all circumstances. ## 5. No Person - a. Shall fire or discharge an air gun within 300 meters of a house or 1000 meters of a school, playground, or athletic field within the Town; - b. Shal fire or discharge an air gun in a manner creating a nuisance. 6. No person shall, between 11:00 pm of any day and 7:00 am the following day, use or operate a lawnmower, chainsaw, snowmobile, radio or other device for the purpose pf playing music, musical instruments, machinery, trucks or any other equipment in such a manner that is likely to disturb the peace and quiet of the neighbourhood. 7. All properties within the Town, including land, buildings, structures, dwellings, fences, sheds, garages, parking lots, driveways, landscaping, and all appurtenances shall be maintained in a state of good condition and repair and free of waste. Without in any way limiting the foregoing properties: - a. Shall be fit for human habitation or another use for which it is being used; - b. Shall not be a Nuisance: - c. Shal not be dilapidated; and, - d. Shall not be unsightly because of a lack of maintenance of the exterior finish of the building or lack of maintenance of other aspects of of the property or buildings on the property. 8. No person shall create a noise within the Town through the use of a motor vehicle that has no muffler or has a defective muffler or a modified muffler, except as may be necessary to move such vehicle to a location for repairs.  9. No person shall create a noise within the Town through the squealing of tires of a motor vehicle which is caused by unnecessary braking, turning, or setting in motion of such motor vehicle. 10. No person shall permit a dog owned by that person or under the car and control of a person, to bark when it is likely to disturb the peace of a neighbourhood. 11. Nothing in these bylaws shall be deemed to prohibit: - a. The sounding of any bell, horn, siren, or warning device of any vehicle the law requires or when responding to an emergency; - c. The sounding of whistles; - b. The ringing of church bells or chimes; - d. The sounding of motor vehicle horns in a wedding, procession or parades permitted by Council; or, - e. The removal of snow by heavy equipment following a snowstorm. 12. The provisions of these bylaws shall not apply to any Peace Officer, member of an Ambulance Service, member of a Fire Department or to work carried on by the town or its agents, contractors, servants or employees, while any such person, member or employee is employed in the execution of his or her duties as a member of such force or is otherwise acting within the scope of their agency, contract or employment, as the case may be. 13. These bylaws may be enforced by the Royal Canadian Mounted Police, a Peace Officer or any other person appointed by Council. 14. It shall be the duty of the person enforcing these bylaws: - a. To report the name and address of any person observed or reliably reported to have violated any of the provisions. - c. To serve upon the person violating any provision of these bylaws a violation notice that the person concerned has violated a provision of the bylaws and instructing a person to carry out any order in regard to such violation within a stated period of time; and, - b. To report the time and nature of the violation of the bylaw and any circumstances being relevant to the violation. - d. To provide the town clerk with a duplicate of each notice of violation. 15. Every person who acts in contravention of or fails to comply with any provision of these bylaws or neglects or refuses to do so;  - a. Shall be liable to penalties as stipulated under the schedule of fines and penalties in these bylaws in accordance with section 266(k) of the Act. - b. Where a violation notice has been issued pursuant to Section 287 of the act, be liable to penalties as stipulated under the schedule of fines and penalties in these bylaws in accordance with Sections 287.2, 287.3 and 287.4 of the Act. - c. Shall be liable on summary conviction to a fine in accordance Section 290 of the Act; such fine shall not exceed $500.00 and in default of payment of such penalty to imprisonment for a period not exceeding (90) days. 16. A determination of invalid or unconstitutional by a court of jurisdiction of any provision of these bylaws shall not effect the validity of the remaining parts of these bylaws. 17. Schedule A "Fines and Penalties" shall form part of these bylaws. 18. These bylaws will be published on the Town of Springdale's website, www.townofspringdale.ca and on the Town of Springdale's Facebook page upon approval by a majority vote of Council. 19. All previous Town of Springdale Noise and Nuisance Regulations are repealed. In Witness Whereof the Seal of the Town of Springdale has been affixed hereto, and these bylaws have been signed by the Mayor and the Chief Administrative Officer on behalf of Council on this 16 day of February, 2026.  Dern Young Blander Mayor Iner bank Chief Administrátive Officer   ## Schedule A Fines and Penalties A fine of not more than the dollar amounts specified below shall be levied per breach of Section (x) of the herein Bylaws: 1st Violation Notice - $50.00 2n° Violation Notice - $ 75.00 3r° Violation Notice - $ 100.00