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## Scope
4. (1) This Bylaw applies to the control of all sound originating within the jurisdictional limits of the Town of Arborfield.
2. This Bylaw is intended to apply to making, or knowingly permitting to be made, any unreasonably loud or excessive noise, disturbance or commotion in any building, place of business or other structure, or upon any public street, park or other place.
- (3) The ordinary and usual sounds and noises incidental to the occupation and use of property and the activities of persons in the Town, when conducted in accordance with usual standards or practices and in a manner that will not unreasonably disturb the peace and comfort of adjacent residences or which will not detrimentally affect the operators of adjacent places of business, are not intended to be subject to the provisions of this Bylaw.
## BYLAW NO. 2023-007
## A BYLAW OF THE TOWN OF ARBORFIELD TO PROVIDE FOR NOISE CONTROL WITHIN THE TOWN
The Council for the Town of Arborfield enacts:
## Short Title
1. This Bylaw may be cited as The Noise Bylaw
## Purpose
2. This Bylaw is enacted to protect, preserve and promote the safety, health, welfare, peace and quiet of the citizens of the Town of Arborfield through reduction, control and prevention of loud and excessive noise, or any noise which unreasonably disturbs, injures, or endanger the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity.
## Definitions
3. In this Bylaw,
- a. "building" means a building within the meaning of The Planning and Development Act 2007;
- b. "engine brake" means a device commonly used in a truck, power unit or semi-trailer unit to slow or brake the vehicle by means of closing the exhaust valves on the engine of the vehicle, or any similar device;
- d. "motor vehicle" means a motor vehicle within the meaning of The Highway Traffic Act;
- c. "justice" means a judge of the Provincial Court of Saskatchewan or a presiding justice of the peace;
- e. "outdoor public event" means an outdoor concert, sporting event, festival, attraction or similar event, whether held on private or public property, to which the public-at-large is invited or admitted, with or without charge;
- g. "power unit" means a power unit within the meaning of The Highway Traffic Act;
- f. "permitted premises" means permitted premises within the meaning of The Alcohol and Gaming Regulation, Act, 1997;
- h. "semi-trailer" means a semi-trailer within the meaning of The Highway Traffic Act;
- i. "Town" means the Town of Arborfield;
- j. "truck" means a truck within the meaning of The Highway Traffic Act;
## General Prohibition
5. (1) No person shall make, continue, or cause to be made or continued, or suffer or permit to be made or continued:
- a. Any unreasonably loud or excessive noise;
- b. Any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity within the jurisdictional limits of the Town; or
- c. Any noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons within the neighborhood from which said noises emanate, or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers of places of business, or as to detrimentally or adversely affect such residences or places of business.
- (2) Factors for determining whether a sound is unreasonably loud or excessive include, but are not limited to the following:
- a. The proximity of the sound to sleeping facilities, whether residential or commercial;
- b. the land use, nature of the area from which the sound emanates and the area where it is received or perceived;
- c. the time of day or night the sound occurs;
- d. the duration of the sound;
- e. the volume of the sound;
- f. the nature of the sound;
- g. whether the sound is recurrent, intermittent or constant; and
- h. the nature of the event or activity from which the sound emanates.
- (3) In the absence of other evidence, or by way or corroboration of other evidence, a justice may infer from the evidence of a peace officer relating to the conduct of a person or persons that a sound is unreasonably loud or excessive.
## Noises Prohibited
6. The following acts are deemed to be violations of this Bylaw per se. This enumeration does not constitute an exclusive list:
- a. Lawn Mowers, Snow Blowers and Similar Devices: The operation of power equipment or machinery used in lawn and garden care or property maintenance including any lawn mower, leaf blower, hedge trimmer, power fan, edge trimmer, line trimmer, roto-tiller, snow blower, compressor, internal combustion engine or similar equipment, between the hours of 11:00 pm and 6:00 am.
- b. Radios, Televisions, Stereos, Compact Disc Players, Musical Instruments and Similar Devices: The use or operation of a radio, television, compact disc player, stereo, "boombox", "ghetto blaster", musical instrument or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player or operator of the device, and those who are voluntarily listening to the sound, and unreasonably disturbs the peace, quiet and comfort of persons residing in the vicinity, including persons residing in separate dwelling units within the building from which the sound emanates.
- c. Engine Brakes: The use of any engine brake on any motor vehicle driven within the Town of Arborfield, except in cases of emergency.
- d. Air Horns: The use of an air horn on any motor vehicle within the Town, except in cases of emergency.
- e. Construction or Repair of Buildings: The construction, demolition, alteration or repair of any building or structure between the hours of 11:00
pm and 7:00 am, that produces sound that is plainly audible across the property line of the property from which the sound emanates and is unreasonably loud or excessive. In cases of emergency, construction noises are exempt from this provision.
- i. Outdoor Public Events: The use or operation of a loudspeaker, amplifier, public address system, radio, 'boombox", "ghetto blaster", stereo, musical instrument or similar device that produces, reproduces or amplifies sound at an outdoor public event, other that between the hours of 9:00 am and 11:00 pm.
If permission has been obtained from the Town to extend the hours for the use or operation of amplification equipment at any outdoor public event in accordance with Section 8 of this Bylaw, amplification equipment may be used at the event during the extended hours.
- f. Permitted Premises: Any unreasonable loud or excessive noise in a permitted premises or in a patio area which is part of the permitted premises which unreasonably disturbs the peace, quiet and comfort of persons.
- g. Discharge of Firearms: No person other than police officers in the regular course of duty, shall discharge a firearm within the Town of Arborfield.
## Exemptions
7. Sounds caused by the following are exempt from the prohibitions set out in this Bylaw:
- a. The reasonable sounding of any bell by a church or other religious organization.
- b. The reasonable sounding of any bell, siren, whistle or similar device by a school or other educational institution.
- c. The reasonable sounding of any bell, chime or similar device or the use or operation of any musical instrument by a charitable organization soliciting donations.
- d. The reasonable sounding of any bell, siren, whistle or similar device by the Arborfield Fire Department in the case of emergency.
- e. A parade for which a permit has been obtained from the Town.
- f. An outdoor political rally, public protest, demonstration, religious service, memorial service or other similar gathering.
- g. The construction, repair and maintenance of streets, bridges, sidewalks, alleys, water mains, storm sewer mains, sanitary sewer mains, electrical facilities and any other works by or on behalf of the Town.
- h. Snow removal on or near business premises.
## Extension of Hours for Outdoor Public Events
8. (1) The Town Administrator may, upon written application, grant permission with or without conditions to extend the hours during which amplification equipment may be used at an outdoor public event.
## Offenses and Penalties
9. (1) Every person who contravenes any provision of this Bylaw is guilty of an offence and liable on summary conviction:
- a. For a first offence, to a fine of $250.00; and
- b. For a second offence, to a fine of $500.00; and
- c. For a third or subsequent offense, to a fine not less that $750.00 and not more than $10,000.00
- (2) In the case of a corporation, to a fine not exceeding $25,000.00 and in the case of a continuing offence, to a further fine of not more than $25,000.00 for each day during which the offence continues.
- (3) In default of payment of a fine imposed under either subsection (1) or subsection (2), the individual convicted may be imprisoned for a term of not more than one year.
- (4) a. Notwithstanding subsection (1) and subsection (2) in the case of a person who
contravenes a provision of this Bylaw for the first time, a peace officer may issue a notice of violation to that person.
- b. The notice of violation shall provide that if the person pays the Town the sum of:
- i) $250.00 in the case of a 1" offense within 14 calendar day of the date of the notice of violation, the person shall not be prosecuted for the contravention.
- c. The fine may be paid:
- i) in person, during regular office hours, to the Administrator
5. ii) by mail, Box 95 Arborfield, Sk SOE OAO
6. ill) by etransfer to [email protected]
- (5) Notwithstanding subsection (4), if it is, in the opinion of a peace officer, in the public interest to compel a person who has contravened a provision of this Bylaw for the first time to appear before a justice under this Bylaw, the peace officer may issue a summons that requires the person to appear before a justice without the alternative of paying the specified amount to avoid prosecution.
- (6) If, in the opinion of a prosecutor, it is appropriate, the prosecutor may, on or before the court appearance date, permit the person mentioned in subsection (5) to pay the specified amount to avoid prosecution.
## Severability
10. A determination of invalidity or unconstitutionality by a court of competent jurisdiction of any provision of this Bylaw shall not affect the validity of the remaining parts of this Bylaw.
## Coming Into Force
11. This Bylaw shall come into force upon final passing thereof.
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Read for a third time and finally adopted this 12 day of Dee 2023.
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Mayor
Nanceli dministrator
Certified a true copy of Bylaw NO. 2023-007 Passed by resolution of Council this
12 day of Dee 2023.
Manulia
Administrator