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BYLAW NO. 2015-009
TOWN OF CHURCHBRIDGE
Noise Bylaw
A BYLAW of the Town of Churchbridge in the Province of Saskatchewan, to provide for the
abatement of noises within the Town of Churchbridge.
THE COUNCIL FOR THE TOWN OF CHURCHBRIDGE IN THE PROVINCE OF SASKATCHEWAN
ENACTS AS FOLLOWS:
1. SHORT TITLE
This Bylaw may be cited as The Noise Bylaw.
2. PURPOSE
The purpose of this Bylaw is to:
-Prohibit certain activities creating noise
-Abate incidence of noise
-Restrict hours when certain noise may be made.
According to The Municipalities Act Section, 8 this bylaw is enacted to protect, preserve and
promote safety, health, welfare, peace and quiet for the citizens of the Town of
Churchbridge.
3. DEFINITIONS
3.0
Designated Officer
Means an employee or agent of the Municipality appointed by Council to act as a municipal
inspector for the purpose of this Bylaw.
3.1
Dwelling
Means a dwelling as defined in the Consolidated Zoning Bylaw 5-83 enacted by the Council
of the Town of Churchbridge and amendments thereto.
3.2
Holiday
As defined in the Interpretation Act, 1995
(a) Sunday;
(b) New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Saskatchewan
Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and Boxing
Day, and when one of those dates, other than Remembrance Day or Boxing Day, falls
on a Sunday, it includes the following day;
(c) any day appointed by an Act of the Parliament of Canada or by proclamation of
the Governor General or Lieutenant Governor as a public holiday
3.3
Motor Vehicle
Means a vehicle as defined in The Highway Traffic Act.
3.4
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 occur.
3.5
Premises
Means the area contained within the boundaries of any lot and includes any buildings
situated with 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.
3.6
Residential District
Means a district as defined in the Consolidated Zoning Bylaw 5-83 enacted by the Council of
the Town of Churchbridge and amendments thereto.
3.7
Town
Means the Town of Churchbridge.
3.8
Weekday
Means any other day other than a holiday.
3.9
Zoning bylaw
Means the Consolidated Zoning Bylaw 5-83 of the Town of Churchbridge and amended
thereto. It includes any bylaw passed in substitution for or in addition to Consolidated
Zoning Bylaw 5-83.
4. Scope
Unless otherwise specified, the owner of the property, including land, buildings and
structures, shall be responsible for carrying out the provision of this Bylaw.
5. General Prohibition
1. No person shall make, or continue to make, or cause to be made, or allow to be made,or
allowed to be continued to be made:
a)
any loud noise, or any unnecessary noise, or any unusual noise
b)
any noise whatsoever which either annoys, disturbs, injuries, endangers or
distracts from the comfort, repose, health, peace or safety of other persons within
the limits of the Town.
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 dwelling 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 and zoning 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
h)
the nature of the event or activity from which the sound emanates.
3. In the absence of other evidence, or by way of corroboration of other evidence, a justice
may infer from the evidence of a peace officer related to the conduct of the person or
persons that a sound is unreasonably loud or excessive.
6. Noises Prohibited
a)
Domestic Noise
Notwithstanding the generality of Section 5:
1. No person shall operate or allow to be operated a lawn mower of any kind, a snow
clearing device, a chain saw, a roto tiller, or shop tools powered by an engine of any type or
a model aircraft driven by an internal combustion engine in any residential district
between the hours of:
10pm- 7am the next forenoon on weekdays
10pm- 9am the next forenoon on holidays.
2. No person, who owns, keeps, houses or allows to stay in his premises a dog, shall allow
such dog to bark excessively or howl excessively.
3. No person, being the owner or occupant of any premises, shall operate or permit to be
operated any machine or apparatus, such as radio, TV, disc players or other similar devices,
for the production of amplification of sound either in or on private premises in a residential
district is 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 the noise emanates.
b)
Construction Noises
Except in an emergency, no person shall carry on the construction, erection, demolition,
alteration or repair of any type that involves creating a sound that is plainly audible beyond
the boundaries of the site on which the activity is being carried on after the hours of:
10pm in the evening and before 7 am in the morning on weekdays
and
10pm in the evening and 9 am in the morning on holidays.
c)
Outdoor Public Events
The use of loudspeaker, amplifier, musical instrument or similar device that produces or
reproduces or amplifies sound at an outdoor public event unless between the hours of:
11 am and 9 pm weekdays
and
11 am and 6 pm holidays.
The Town may, upon written application, grant permission, with or with out conditions, to
extend hours during which the amplification equipment may be used at an outdoor event.
d)
Motor Vehicle Noises
1. No person shall allow diesel motor on a truck or power unit to remain running for longer
than 20 minutes in a residential district.
2. No person shall make any unnecessary noise in the operation of any vehicle, whether in
motion or at rest. Without limiting the foregoing, the following noises shall be deemed
unnecessary:
noise by rapid acceleration
noise by making fast turns at intersections
noise by spinning of tires
noises caused by exhaust cutouts or defective mufflers
noises caused by rapidly setting a vehicle in motion.
3. No person shall use engine retarder brakes within the Town limits.
7. Exemptions
The provisions of this bylaw shall not apply to:
ringing of bells in churches or religious organizations
ringing of bells by schools or educational institutions
moderate use of musical instruments to call attention to a charitable
organization soliciting donations.
a parade
playing of music appropriate to any religious service
sounding of an alarm to announce an emergency
sounding of siren on any vehicle or sound amplification equipment used
by police or fire department.
use of equipment to amplify human voice or music in any public space in
connection with any public election meeting, public celebration or other
reasonable gathering
construction, repair or maintenance of streets, sidewalks, alleys, water
mains, sanitary sewer mains, electrical facilities or any other works by or on
behalf of the Town
8 Enforcement of Bylaw
The administration and enforcement of this Bylaw is hereby delegated to a Designated
Officer.
9. Penalties
1. Every person who contravenes any provision of this Bylaw is guilty of an offence and
liable on summary conviction:
-
in case of an individual, to a minimum fine of $100 and not more than $10,000;
-
in the case of a corporation, to a minimum fine of $100 and not more than $20,000.
2. Notwithstanding Subsection 1 in the case of a person who contravenes a provision of
this Bylaw for the first time a designated officer may issue a notice of violation to that
person.
The notice of violation shall provide that if the person pays the Town the sum of $100
within 14 days of the date of the notice of violation, the person shall not be prosecuted for
the contravention.
The fine may be paid:
in person to the Town Office located at 116 Vincent Ave W
or
by mail to Box 256 Churchbridge, SK S0A 0M0
10. Coming into Force
This Bylaw shall come into force on the day of its final reading and will repeal Bylaw 4-77
and 5-81.
_____________________________
_______________________________
Administrator
Mayor
_____________________________
Date
Certified a true copy of Bylaw 2015-009
Date Carried on ______________
Resolution_____________
_____________________Administrator