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2. In this By-law:
2. (a) "All-terrain vehicle" means a motorized vehicle that runs on wheels, cushions or any combination thereof and is of a kind predominantly used in the Territories for cross-country marsh or swampland or on other natural and, without limiting the generality of the foregoing, in-
3. (i) an amphibious vehicle;
4. (iii) a motorcycle with a motor that has a piston displacement
or less;
- (iv) a motorized vehicle mounted on wheels;
- (ii) a snow vehicle;
of seventy-five cubic centimeters
- (v) a pedal bicycle with a motor attachment
but does not include any vehicle that weights more than 900 kilograms;
- (b) "construction" includes erection, alteration, repair, dismantling, demolition, equipment installation and alteration and the structural installation of construction components and materials in any for any purpose and includes any work in connection therewith;
- (c) "construction equipment" means any equipment or device designed and intended for use in construction, or material handling, including but not limited to, air compressors, diesel and/or gas operated welding machines, pneumatic or hydraulic tools, bulldozers, tractors, excavators, off-highway haulers or trucks, ditchers, compactors, and rollers, pumps, concrete mixers, graders or other material-handling equipment;
- (d) "Council" means the Council of the Municipality;
- (e) "motor vehicle" means every vehicle propelled by any power other than muscular power except an aircraft, implement of husbandry or all-terrain vehicle;
- (f) "noise" means sound or sounds which disturb or annoy or are likely to disturb or the quiet, convenience of inhabitants of peace, enjoyment, comfort or the Municipality:
## MUNICIPALITY OF NORMAN WELLS
## BY-LAW NO. 85-6
BEING A BY-LAW TO PROHIBIT AND REGULATE WITHIN THE MUNICIPALITY OF NORMAN WELLS NOISES LIKELY TO DISTURB OR ANNOY THE INHABITANTS OF THE MUNICIPALITY
PURSUANT to subsections 182(d), 183(f) and 184(h) of the Municipal Ordinance, being Chapter M-15 of the Revised Ordinances of the Northwest Territories, 1974, as amended, subsection 203(1) (f) Of the Vehicles Ordinance, being Chapter V-2 of the Revised Ordinances of the Northwest Territories, 1974, as amended and subsection 5(1) of the All-terrain Vehicles Ordinance, being Chapter 1(Ist), Ordinances of the Northwest Ierritories, 1979, as amended.
THE COUNCIL OF THE MUNICIPALITY OF NORMAN WELLS, in the regular session duly assembled, enacts as follows:
## SHORT TITLE
1. This By-law may be cited as the "Noise Control By-law".
## INTREPRETATION
- (g) "point of reception" le dlls any point on the premises of a person where noise, orginating from other than those premises, is received;
- (h) "Residential Area" means those areas within the Municipality which are designated as:
- (i) Residential - R-1
- (ii) Residential Iwo Family - R-2
- (iv) Mobile Home Residential - R-MH
- (iii) Residential Multi-Family - R-3
- (i) "Municipality" means the Municipal Corporation of Norman Wells.
- (j) "Person" means the owner, renter or lessee having care or control of property. property or a person
## GENERAL PROHIBITIONS
- No person shall emit or cause or permit to be emitted within the Municipality noise which is clearly audible at a point of reception which results from:
- (a) the operation of any combustion engine or pneumatic device without an effective exhaust or intake muffling device in good working order and in constant operation;
- (b) the starting, driving, turning or stopping of any motor vehicle or all-terrain vehicle resulting in noise in and from the engine exhaust system or braking system, or from contact of the wheels with the ground.
## PROHIBITIONS BY TIME AND PLACE
4. No person shall emit or cause or permit to be emitted within a Residential Area noise which is clearly audible at a point of reception resulting from any of the acts listed in Table A during the prohibited times listed in Table A.
TABLE A
In this Table prohibited time means:
A - 11:00 p.m. to 8:00 a.m. (10:00 a.m. Sundays)
to 8:00 a.m. (10:00 a.m.
C - All day Sundays and Statutory Holidays
D - 7:00 p.m. to 6:00 a.m.
E - All times
ACT
- (a) the operation of an engine or motor in, On s or all-terrain vehicle or item of attached auxiliary equipment for a continuous period exceeding five minutes, while such vehicle is stationary, unless:
- (i) the original equipment manufacturer specifically recommends a longer idling period for normal and efficient operation of the motor vehicle or allterrain vehicle in which case such recommended period shall not be exceeded; or,
PROHIBITED TIME
| ACT | PROHIBITED TIME |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------|
| (ii) operation of such engine or motor is essential to a basic function of the motor vehicle, all-terrain vehicle, or auxiliary equipment, including but not limited to, operation of ready- mix concrete trucks, lift platforms and refuse compactors; or, (iii) weather conditions justify the use of heating or refrigerating systems powered by the engine or motor for the safety and welfare of the operator, passengers animals, or the preservation and the motor vehicle or all- of delivery or loading; or, (iv) prevailing low temperatures make longer idling period necessary; the idling is for the purpose of cleaning and flushing the radiator circulation system for seasonal change of antifreeze, cleaning of the fuel system, carburator and the like, when such work is performed other than for profit. ment without effective muffling devices in good | |
| (b) the operation of any item of construction equip- working order and in constant operation. | |
| (c) the operation of any electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electromechanical transducers, and intended for the production, re- production or amplification of sound. | A |
| (d) persistent barking, calling or whining or other similar persistent animal. noise-making by any domestic | |
| (e) persistent yelling, shouting, hooting, whistling, or singing or playing a musical instrument. | |
| (f) all selling or advertising by shouting or outcry or amplified sound. | C & D |
| (g) the operation of any construction equipment in connection with construction. | |
| (h) the operation or use of any tool for domestic purposes other than snow removal. | A |
## EXEMPTIONS
5. Notwithstanding any other provision of this By-law, it shall be lawful to emit or cause or permit to be emitted noise in connection with emergency measures undertaken:
2. (a) for the immediate health, safety or welfare of the inhabitants;
3. (b) for the preservation or restoration of property;
unless such noise continues for a longer period of time or is louder than is reasonably necessary to accomplish such emergency measures.
6. (1) Notwithstanding anything contained in this By-law, any person may make application to Council to be granted an exemption from any of the provisions of this By-law with respect to the emission or causing or permitting of emission of noise for which he might be prosecuted and Council, by resolution, may refuse to grant exemption or may grant the exemption applied for in whole an or in part and any exemption granted shall specify the time period, not to be in excess of six months, during which it is in effect and may contain such terms and conditions as Council sees fit.
- (2) In deciding whether to grant an exemption, Council shall give the applicant and any person opposed to the application an opportunity to be heard and may consider such other matters as it sees fit.
- (3) Breach by the applicant of any of the terms or conditions any exemption granted by Council shall render the exemption null and void.
## PENALTIES
7. (1) Every person who contavenes subsection 3(b) or 4(a) of this By-law is guilty of an offence and is liable upon summary conviction:
2. (a) for a first offence, to a fine not exceeding IWO HUNDRED ($200.00) DOLLARS;
3. (b) for a second offence, to a fine not exceeding THREE HUNDRED ($300.00) DOLLARS;
4. (c) for each subsequent offence, to a fine not exceeding FIVE ($500.00) DOLLARS or to imprisonment for a term not exceeding THREE (3) months or both;
and the provisions of the Summary Convictions Procedures Ordinance, being Chapter 3(1st), of the Ordinances of the Northwest Territories, as amended, and the Regulations passed pursuant thereto shall to such offences.
- (2) Every person who contravenes any other provision of this By-law guilty of an offence and is liable upon summary conviction to a fine not exceeding FIVE HUNDRED ($500.00) DOLLARS or to imprisonment for a term not exceeding SIX (6) months or both.
## SEVERABILITY
- If a court of competent jurisdiction should declare any section or part of a section of this By-law to be invalid, section or part of a shall not be construed as having pursuaded or influenced Council to pass the remainder of the By-law and it is hereby declared that the remainder of the By-law shall be valid and shall remain in force.
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READ A FIRST TIME THIS SAt DAY OF DECEMBER \_\_ 1985
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READ A SECOND TIME THIS STU.
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READ A THIRD TIME AND FINALLY PASSED THIS \_
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DAY OF MARCIA
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1985