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Village of Debden
BYLAW NUMBER 4/2007
A BYLAW TO CONTROL AND REGULATE NOISE
This Bylaw is enacted to protect, preserve and promote the safety, health, welfare, peace
and quiet of the citizens of The Village of Debden through the reduction, control, and
prevention of loud and excessive noise which unreasonably disturbs, injuries, or
endangers the comfort, repose, health peace or safety of reasonable persons of ordinary
sensitivity.
The Council of the Village of Debden, in the Province of Saskatchewan, enacts as
follows:
1.
NAME:
This Bylaw shall be cited as "The Noise Bylaw".
DEFINITIONS:
In this Bylaw, including this section;
(a)
"Municipality" means the Village of Debden;
(b)
"Holiday" means any holiday as defined in The Interpretation Act, or any
holiday proclaimed as such by the municipality;
(c)
"Motor vehicle" means a vehicle propelled or driven by means other than
by muscular power; a motor vehicle within the meaning of The Highways
Traffic Act.,
(d)
"Occupant" means the owner, occupant, or licensee of the premises or
any person found on the premises at or around the time where the noise or
sound issues from the premises;
(e)
"Premises" means the area contained within the boundaries of any lot and
includes any building situated within such boundaries. Provided,
however, that where any building contains more than one dwelling
building and the land surrounding the building within the boundaries of
the lot shall be deemed to be separate premises;
(f)
"Residential building" means a building which is constructed as a
dwelling for human beings;
(g)
"Signaling device" means a horn, gong, bell, klaxon, siren, or other
device producing an audible sound for the purposes of drawing people's
attention to an approaching vehicle, including a bicycle;
(h)
"Weekday" means any day other than a holiday.
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3.
GENERAL PROHIBITION:
(a)
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.
(b)
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 annoys,
disturbs, injures, endangers or detracts from the comfort, repose, health,
peace or safety of other persons within the limits of the municipality.
(c)
What is a loud noise, any 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 offence against this Bylaw.
4.
Without restricting the generality of Section 3, no person shall operate or allow to
be operated a lawn mower of any kind, or a snow clearing device 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:
(a)
Eleven (11) o'clock in the evening and seven (7) o'clock of the next
forenoon.
5.
No person who owns, keeps, houses, harbors or allows staying in his premises a
dog shall allow such dog to bark 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, phonograph, 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 noises or sound emanates.
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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, after the hour of eleven (11) o'clock in the
evening and before the hour of seven (7) o'clock in the morning of any day.
8.
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 drag line, an
air or steam compressor, a jack-hammer or pneumatic drill, a tractor or 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 eleven (11) o'clock in
the evening and seven (7) o'clock in the morning.
ADVERTISING NOISES
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.
DIESEL MOTORS
10.
No person shall allow the diesel motor of a tractor intended to be used for the
pulling of a trailer to remain running for longer than 20 minutes while stationary
in a residential district.
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DEFINITIONS:
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11.
The provisions of this Bylaw shall not apply to:
(a)
the ringing of bells in churches, religious establishments and schools;
(b)
the moderate use of musical instruments to call attention to an opportunity
to contribute to a collection made for a charitable undertaking during
Christmas season or at any other time;
(c)
the playing of a band, the sounding of a steam whistle, the sound of motor
vehicles' horns or the use of sound amplification equipment used in
connection with any parade;
(d)
the moderate playing of musical instruments appropriate to any religious
street service;
(e)
the sounding of a general or a particular alarm or warning to announce a
fire or other emergency or disaster;
the sounding of a factory whistle and similar devices at normal appropriate
times;
(g)
the sounding of police whistles or the sirens on any vehicle used by the
police or fire department or on any ambulance or public service vehicle;
(h)
any use of sound amplification equipment used by the police, fire
department or any ambulance service or public service;
(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 reasonable gathering;
(j)
transit vehicles engaged in normal transit operations;
(k)
the sounding of motor vehicle horns when used within reason;
(1)
any noise created under extraordinary circumstances, deemed necessary
by the council.
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