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TOWN OF BIGGAR
SASKATCHEWAN
BYLAW NO. 23-855
A BYLAW FOR PROHIBITING, ELIMINATING
OR ABATING NOISE
The Council of the Town of Biggar in the Province of Saskatchewan enacts as
follows:
1.
SHORT TITLE
This Bylaw may be cited as the "Noise Bylaw".
2.
PURPOSE
This Bylaw is enacted to reduce all unusually loud or bothersome noise as far as
possible, with noises compatible with the normal activities of urban life permitted,
while eliminating unnecessary noise, for reasonable persons of ordinary
sensitivity.
3.
DEFINITIONS
In this Bylaw:
1.
"Town" means the Corporation of the Town of Biggar or the area contained
within its boundaries as context requires.
2.
"Council" means the Council of the Town of Biggar.
3.
"Emergency Vehicle" means a Fire Department Vehicle, a Police vehicle or
a vehicle used as an ambulance.
4.
"Motor Vehicle" means a motor vehicle within the meaning of The Traffic
Safety Act of Saskatchewan.
5.
"Inspector" means any person or persons designated by resolution of
Council from time to time as may be required to enforce this Bylaw.
6.
"Person" includes any company, corporation, body corporate, owner,
partnership, proprietorship, firm, association, society, party or tenant.
7.
"Peace Officer" shall include a Bylaw Enforcement Officer, Special
Constable or a Community Safety Officer, as appointed by Council or
members of the Royal Canadian Mounted police.
8.
"Residential Building" means a building which is constructed as a dwelling
place for human beings and includes a hotel or motel.
9.
"Residential Zone" means a district defined as such by the Zoning Bylaw of
the Town of Biggar.
10. "Industrial Zone" means a district defined as such by the Zoning Bylaw of
the Town of Biggar.
11. "Signalling Device" means a horn, gong, bell, claxon, or other device
producing audible sounds for the purpose of drawing people's attention to
an approaching vehicle, including a bicycle.
12. "Animal" includes:
a) Meat animal or an animal of the bovine species or by whatever
technical or familiar name it is known, and includes a horse, mule, ass,
pig, sheep or goat;
b) Any dog or cat.
13. Other than as defined herein, the words and phrases of this Bylaw shall have
the meaning subscribed to them by The Municipalities Act.
4.
PROHIBITIONS
1.
No person shall make, continue or cause to allow to be made or continued
any loud unnecessary or unusual noise or any noise whatsoever which either
annoys, disrupts, injures, endangers or detracts from the comfort, repose,
health, peace or safety of other persons within the limits of the Town, except
to the extent as is allowed in this Bylaw.
2.
What is a loud noise, an unnecessary noise, unusual noise, or a noise which
annoys, disturbs, injures, endangers or detracts from the comfort, repose,
health, peace or safety of others is a question of fact for a court which hears
a prosecution of an offence against this Bylaw.
4.1 MOTOR VEHICLE NOISES
1. No person shall create loud, unusual, or unnecessary noise in the operation
of a motor vehicle upon a public street, land, or thoroughfare within the
Town of Biggar whether the noise is caused by the mechanical condition of
the motor vehicle or the manner in which the motor vehicle is operated and
whether or not the vehicle is stationary or moving at the time the noise is
created.
2. No person shall emit or cause the emission of any loud, unusual or
unnecessary noise, or noises which annoy, disturb, injure, endanger, or
detract from the comfort, repose, health, peace or safety of others within the
Town of Biggar resulting from any of the following acts:
a)
the sounding of a motor vehicle signalling device or warning device or
sound, except where required or authorized by this Bylaw;
b) the operation anywhere other than on a public highway of an engine or
motor, in or on any motor vehicle or vehicles, or item of auxiliary
equipment for a continuous period exceeding five (5) minutes while
such is stationary in a residential zone unless:
i. the vehicle is in an enclosed structure so as to effectively prevent
excessive noise emission; or
ii. the operation of such engine or motor is essential to the basic
function of the vehicle or equipment, including, but not limited to,
the operation of ready-mixed concrete trucks, lift platforms or
refuse compactors; or
iii. weather conditions justify the use of heating or refrigerating
systems powered by a motor or engine for the safety and welfare of
the operator, passengers, or animals, or the preservation of
perishable cargo; or
iv. prevailing low temperatures making longer idling period necessary,
immediately after starting the motor or engine; or
v. the idling is for the purpose of cleaning and flushing the radiator
and associated circulation system for seasonal change of anti-freeze,
cleaning of the fuel system, carburetor or like, when such work is
performed other than for profit;
c)
No person shall allow the diesel motor on a tractor which pulls a trailer
or semi-trailer truck to remain running longer than fifteen (15) minutes
while the tractor-trailer or tractor alone is not in motion in any
residential district or zone or any other location within five hundred
(500) feet of a residential zone.
d) The provisions of Section 4 of this Bylaw do not apply to an
emergency vehicle, or to work on Town streets or public utilities
carried on by the Town of Biggar, Saskatchewan Power Corporation,
Sask Tel or to a contractor working for any of the above-cited persons.
4.2 COMMERCIAL INDUSTRIAL NOISES
1. No person shall advertise any event or merchandise by ringing bells, calling
aloud, playing any type of musical instrument, or by any audible means in
any part of the Town other than in an area designated as a C1 or C2 zone as
contained in the Zoning Bylaw of the Town of Biggar.
2. No person shall, without first obtaining a written permit from the Council of
the Town of Biggar (which the said Council may, in its discretion, refuse or
grant), use or permit the use of a loud speaker, bells, or other device for the
amplification of sound:
a) Upon any street, lane or other public place within the Town;
b) In any building or place with the intention that the sound therefrom shall
be, or with the effect that is for may be audible to persons using or
frequenting any such street, lane, or other public place.
4.3 DOMESTIC NOISES
1. No person shall operate a power garden tool, hedge trimmer, rototiller, lawn
mower, or snow clearing device powered by an engine of any description or a
hand lawn mower in a residential zone between the hours of 10 o'clock in the
evening and 8 o'clock in the next morning.
2. No person shall operate a model aircraft driven by an internal combustion
engine of any description during the hours when the use of power garden
tools is prohibited by subsection 1 in any residential zone;
4.4
CONSTRUCTION NOISES
1. Unless permission of the Council or its appointee is first obtained, no person
shall carry on construction of any type of structure which involves
hammering, sawing or the use of any mechanical tools or equipment capable
of creating a sound which may be heard beyond the boundaries of the site on
which the activity is being carried on, in any zone other than one designated
by the current Zoning Bylaw as an industrial zone, after the hour of 10 o'clock
in the evening and before the hour of 7 o'clock in the morning of the next day.
2. Unless permission of the Council or its appointee is first obtained, no person
shall operate or allow to be operated:
a) a riveting machine;
b) a concrete mixer;
c) a gravel crusher;
d) a steam shovel;
e) a trenching machine;
f) a drag line;
g) An air or steam compressor, jackhammer or pneumatic drill;
h) A tractor bulldozer;
i) Any other tool, device or machine of a noisy nature; or
j) So as to create a noise, confusion or disturbance to be heard in a
residential building between the hours of 10 o'clock in the evening and 6
o'clock in the morning of the next day.
3. The provisions of Section 4.4 hereto do not apply to any work carried on by
the Town or by a contractor carrying out the instructions of the Town which
are of an exigent nature.
5.
NOISES ABSOLUTELY PROHIBITED
1.
No person other than a police officer or Town appointed delegate in the
regular course of duty, shall discharge a firearm within the Town of Biggar.
6.
EXEMPTIONS
1.
Notwithstanding any of the provisions of this Bylaw, this Bylaw does not
apply to any person who emits or causes the emission of noise in connection
with any life-saving duty or responsibility or any person acting in an
emergency situation.
2.
Notwithstanding any of the provisions of this Bylaw, this Bylaw does not
apply to a person who emits or causes to be emitted noise in connection with
any of the following activities:
a)
The use in a reasonable manner of the apparatus or mechanism for the
amplification of the human voice or of music in a public park or
recreational area under the control and management of the Town of
Biggar in connection with any public election meeting, public
celebration, recreational event or other lawful gathering;
b)
Any band or parade, provided that the consent of the Council of the
Town of Biggar or its appointee to operate such band or hold such
parade has first been obtained;
c)
Any carnival, fair or exhibition provided that the consent of the
Council of the Town of Biggar or its designate to operate or hold such
carnival, fair or exhibition has first been obtained;
d)
Any event authorized by the Town of Biggar on Town owned lands;
e)
The sounding of bells in churches, religious establishments and
schools;
f)
The moderate use of musical instruments to call attention to an
opportunity to contribute to a collection made for a charitable
undertaking approved by the Council of the Town of Biggar.
g)
The sounding of factory whistles, train whistles and similar devices at
normal appropriate times.
7.
RELIEF FROM REQUIREMENTS
Applications for a permit for relief from the sound levels designated in this Bylaw
on the basis of undue hardship may be issued by Council. The application shall be
made in writing and must include:
1. The name and address of the applicant;
2. A description of the source of sound in respect of which exemption is
sought;
3. The period of time for which the exemption is sought;
4. The reasons why the exemption should be granted;
5. Any other information required at that time; and
6. A statement of the steps, if any, planned or presently being taken to bring
about compliance.
Council, by resolution, may refuse or grant any exemption or may grant the
exemption applied for or any exemption of lesser effect and any exemption
granted shall specify the time period during which it is effective and may contain
such terms and conditions as Council sees fit. Council may, by resolution revoke
such exemption on twenty-four (24) hours' written notice to the applicant
delivered by ordinary registered mail.
8.
SEVERABILITY
If a court of competent jurisdiction should declare any section or part of a section
of this Bylaw to be invalid, such section or part of a section shall not be construed
as having persuaded or influenced Council to pass the remainder of this Bylaw
shall remain in force and effect.
9.
PENALTIES
Any person who contravenes any portion of this Bylaw is guilty of an offence and
is liable on summary conviction to a fine as stated herein or, in default of payment
of the fine and cost, to imprisonment for a period not exceeding ninety (90) days.
Contravention of Part IV, all sections
First Offence - $200.00
Subsequent Offences - $300.00
Contravention of Part V
Each Offence - $1000.00
10.
REPEAL OF BYLAWS
The following Bylaws are hereby repealed upon the Effective Date of this Bylaw:
Bylaw No. 93-538
Bylaw No. 22-844
11.
EFFECTIVE DATE
This Bylaw shall come into force and take effect on the 19th day of September,
2023.
12.
READINGS
Read a first time this 19th day of September, A.D., 2023.
Read a second time this 19th day of September, A.D., 2023.
Read a third time and adopted this 19th day of September, A.D., 2023.
_____________________________
Mayor
( S E A L )
_____________________________
Chief Administrative Officer