Bylaw 02/19 Noise Bylaw — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 8d1fc79482fe · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## TOWN OF ABERDEEN NOISE BYLAW 02/19 ## A BYLAW TO PROHIBIT CERTAIN ACTIVITIES CREATING CERTAIN NOISE AND TO ABATE THE INCIDENCE OF NOISE AND TO RESTRICT THE HOURS WHEN CERTAIN SOUNDS MAY BE MADE. The Council of the Town of Aberdeen in the Province of Saskatchewan enacts as follows: ## Name 1. This Bylaw may be cited as "The Noise Bylaw" ## Definitions 2. In this Bylaw, including this section: 2. (a) "holiday" means any statutory holiday as defined in The Interpretation Act, 1995, and amendments thereto, or any holiday proclaimed as such by the municipality; 3. "motor vehicle" means "motor vehicle" as defined in The Vehicle Administration Act; (b) 4. (c) "municipality" means the Town of Aberdeen; 5. (d) "occupant" means the owner, occupant or licensee of the premises or any person found on the premises at or around the time when the noise or sound issues from the premises; 6. (e) "premises" means the area contained within the boundaries of any lot and includes any buildings situated within such boundaries. Provided, however, that where any building contains more than one dwelling unit, each dwelling unit, or common area of such building and the land surrounding the building within the boundaries of the lot shall be deemed to be separate premises; 7. (f) "residential building" means a building which is constructed as a dwelling for human beings; 8. (g) "residential district" means a district established as a residential district by any Zoning Bylaw in effect within the municipality; 9. (h) "signaling device" means a horn, gong, bell, klaxon, siren or other device producing an audible sound for the purpose of drawing people's attention to an approaching vehicle, including a bicycle; 10. (i) "weekday" means any day other than a Sunday or holiday. ## General Prohibition 3. (1) Except to the extent it is allowed by this Bylaw, no person shall make, or continue to make, or cause to be made, or allow to be made, or allow to be continued to be made, any loud noise, or any unnecessary noise, or any unusual noise. - (2) Except to the extent it is allowed by this Bylaw, no person shall make, or continue to make, or cause to be made or cause to be continued, or allow to be made, or allow to be continued, any noise whatsoever which either annoys, disturbs, injures, endangers or detracts from the comfort, repose, health, peace or safety of another person(s) within the limits of the municipality. - (3) What is a loud noise, an unnecessary noise, an unusual noise, or a noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of other persons is a question of fact for a court which hears a prosecution of an offense against this Bylaw. 4. Without restricting the generality of Section 3 and subject to Subsection 3(2), no person shall operate or allow to be operated a lawn mower or rototiller of any kind, or a snow clearing device powered by an engine of any type or any other machine or device that is powered by an engine of any type or any other machine or device that is powered by an internal combustion engine or an electrical motor in any residential district between the hours of: 4. (a) 10:00 p.m. and 7:00 a.m. of the next forenoon on weekdays; and 5. (b) 10:00 p.m. and 9:00 a.m. of the next forenoon of the following day which is a Sunday or holiday. 5. No person who owns, keeps, houses, harbours or allows to stay in his premises a dog shall allow such dog to bark excessively or howl excessively. 6. No person being the owner or occupant of any premises shall operate, or permit to be operated, or suffer to be operated, or allow to be operated, play or allow to be played, any radio/cd player, record player, tape recorder, television set, musical instrument, or any other apparatus, appliance, device or machine used for the production or amplification of sound, either in or on private premises in a residential district in such a manner that the same can be easily heard by an individual or member of the public who is not on the same premises from which such noise or sound emanates. ## Construction Noises 7. Except in an emergency, no person shall carry on the construction, erection, demolition, alteration or repair of any type of building or structure which involves hammering, sawing, drilling or the use of any machine, tools or any other equipment capable of creating a sound beyond the boundaries of the site on which the activity is being carried on, in any district in the municipality other than the ones designated in the Zoning Bylaw as Commercial 1 District (C1), Commercial 2 District (C2) and Industrial District (M) after the hour of 10:00 p.m. and before 7:00 a.m. in the morning of any day. 2. Except in an emergency, no person shall operate or allow to be operated a cement mixer, a cement mixer truck, a gravel crusher, a riveting machine, a trenching machine, an air or steam compressor, a jack hammer or pneumatic drill, a tractor, a pay loader, a bobcat, a bulldozer or any other tool, device or machine of a noisy nature, so as to create a noise which may be heard in any residence between the hours of 10 o'clock in the evening and 7 o'clock in the morning of any day. ## Advertising Notes 9. No person shall advertise any event or merchandise by ringing bells, blowing whistles, calling loudly, playing music, playing any type of musical instrument, playing or using any type of noise making instrument, or by the use of loud speakers or other devices for the amplification of sound, or by any other audible means, on any street or other public place in any building or premises with the intention or result that the sound therefrom shall be or is audible to persons using or frequenting any street or other public place. ## Diesel Motors 10. No person shall allow the diesel motor on a tractor which pulls a trailer or on a semi-tractor truck to remain running for longer than 20 minutes while the tractor-trailer, or tractor alone, is stationary in a residential district. ## Exceptions 11. The provisions of the Bylaw shall not apply to: 2. (a) the ringing of the bells in churches, religious establishments and schools; 3. (b) the moderate use of musical instruments to call attention to an opportunity to contribute to a collection made for a charitable undertaking during the Christmas season or at any other time; 4. (c) the playing of a band, the sounding of steam whistles, the sounding of motor vehicles' horns or the use of sound amplification equipment used in connection with any parade; 5. (d) the moderate playing of musical instruments appropriate to any religious street service; 6. (e) the sounding of a general or a particular alarm or warning to announce a fire or other emergency or disaster; 7. (f) the sounding of a factory whistle and similar devices at normal appropriate times; 8. (g) the sounding of police whistles or the sirens on any vehicle used by the police or fire department or any ambulance service or public service; 9. (h) any use of sound amplification equipment used by the police, fire department or any ambulance service or public service; 10. (i) the use in a reasonable manner of any apparatus or mechanism for the amplification of the human voice or of music in a public park or any other commodious space in connection with any public election meeting, public celebration or other lawful public gatherings of a similar nature; 11. (i) any or all municipally-owned equipment used in the operations of the municipality; - (k) the use of any equipment for the repair or maintenance of any public utilities including the public utilities operated by Sask Power Corporation, Sask Energy Corporation and Saskatchewan Telecommunications; - (1) snow removal, road maintenance, or other construction equipment engaged by the Town in snow removal or the construction, repair or maintenance of any streets, crossings, sewers, culverts and approaches, grades, sidewalks, or any other works authorized by The Urban Municipalities Act, 1984, and amendments thereto, including any Act passed in substitution for or in addition thereto, or any other Act. ## Penalties 12. Any person who contravenes any provision of this Bylaw is guilty of an offense and is liable on summary conviction to a minimum fine of One Hundred ($100.00) Dollars and a maximum fine not in excess of Five Hundred ($500.00) Dollars or, in default of payment of the fine and costs, to imprisonment not exceeding 30 day. ## Repeal Bylaw 13. Bylaw No.13/87 is hereby repealed.   SEAL "PERDEE OWNE Rams Homer Mayor Quether Administrator Read a first time this 15" day of January, 2019 Read a second time this 15" day of January, 2019 Read a third time and adopted this 15t day of January, 2019 Certified a true copy of Bylaw 02/19 passed / resolution of Council January 15, 2019 dise Administrator Kany