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BYLAW NO 4-2010
A BYLAW FOR THE PURPOSE OF PREVENTION, PROHIBITING,
CONTROLING OF LOUD AND EXCESSIVE NOISE, OR ANY NOISE WHICH
UNREASONABLY DISTURBS, INJURES, OR ENDANGERS THE COMFORT,
REPOSE, HEALTH, PEACE OR SAFETY OF OTHER PERSONS.
The Council of the Rural Municipality of Lakeland No. 521, in the Province of
Saskatchewan enacts as follows:
TITLE
1. This bylaw shall be referred to as the "Noise Bylaw"
PURPOSE
2. To protect the health and welfare of people and environment by regulating,
preventing, prohibiting, and controlling of loud and excessive noise, or noise
which unreasonably disturbs, injures, or endangers the comfort, repose, health,
peace or safety of other reasonable persons.
3. In this bylaw:
(a)
"Administrator" shall mean the Administrator of the municipality, and shall
include any person designated to act on the Administrator's behalf;
(b)
"Council" means the council of the Rural Municipality of Lakeland No. 521;
(c)
"Designated Officer" means a person appointed by the Municipality to
enforce this Bylaw and shall include the Administrator, a Bylaw Enforcement
Officer and a Peace Officer;
(d)
"Emergency Vehicle" shall mean an ambulance, a fire department vehicle, a
police vehicle.
(e)
"Motor vehicle" means a motor vehicle as defined in the Traffic Safety Act
(f)
"Municipality" means the Rural Municipality of Lakeland No. 521.
(g)
"Occupant" shall mean the owner or owners, 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
(h)
"Peace Officer" means a peace officer as defined in The Summary Offences
Procedure Act, 1990.
(i)
"Person" shall include any company or corporation, owner, partnership,
form, association, society, party or tenant.
(j)
"Premises" shall mean 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 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.
(k)
"Vehicle" means a vehicle as defined in the Traffic Safety Act.
General Prohibition
4.
a. 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, disturbs, injures, endangers, or detracts from the comfort,
repose, health, peace or safety of other persons within the Municipality,
except to the extent it is allowed by this bylaw.
b. A loud noise, an unnecessary noise, unusual noise, or a noise which
annoys, disturbs, injures, endangers the comfort, repose, health, peace or
safety of others is a question of fact to be determined by a court of
competent jurisdiction which hears a prosecution of an offence against this
bylaw.
Domestic Noise
5. No person being the owner or occupant of a 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 or sound, either in or on any public or private
premises 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.
6. No person who owns, keeps, houses, harbors or allows to stay in their premises a
dog, shall allow such dog to bark, howl, or whine excessively.
7. No person shall own, keep, house, or harbor any animal or bird, which by it cries
or its sounds unduly disturbs the peace, quiet, rest or tranquility of the
neighbourhood or the public at large.
8. Without restricting the generality of Section 4, no person shall operate or allow to
be operated in any residential district:
a. a lawn mower of any kind;
b. a leaf blower;
c. a snow clearing machine powered by an engine of any type;
d. a rototilling machine of any kind; or
e. any other machine or device of a similar or like nature that is powered by
an internal combustion engine or an electrical motor
i. after the hour of 10 o'clock in the evening and before the hour of 7
o'clock in the morning of any weekday;
9. Without restricting the generality of Section 4, no person shall set off any
fireworks, firecracker, or similar object in a manner that would create a loud
noise, danger, nuisance, annoy, disturbs, injures, or otherwise endanger or detract
from the comfort, repose, health or safety of another person or property; and
a. in any case no person shall set off any fireworks between the hours of
11:00 pm to 8:00 am the next day.
Exceptions
10. The provisions of this Bylaw shall not apply to;
a. the sounding of a general or particular alarm or warning to announce a fire
or other emergency or disaster;
b. The sounding of police whistles or the sirens or other signalling devices on
any vehicle used by the police or fire department or on any ambulance or
public service vehicle;
c. any sound amplification equipment used by the police, fire department or
an ambulance or public services;
d. the ringing of bells in churches, religious establishments and schools;
e. the playing of a band, the sounding of a steam whistle, the sounding of
motor vehicles' horns or the use of sound amplification equipment used in
connection with any parade approved by council;
f. the moderate playing of musical instruments appropriate to any religious
street service;
g. 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;
h. the use of any tractors, trucks or other equipment for snow removal, snow
clearing, refuse collection or sanding of streets, the repair of streets or the
repair and maintenance of any municipal works or utilities;
i. the use of any equipment for the repair or maintenance of any public
utilities including the public utilities operated by the Sask Power
Corporation, Sask Energy Corporation and Saskatchewan
Telecommunications;
j. any person who has obtained a written permit from the Municipality.
11. Every person who contravenes any provision of this any bylaw is guilty of an
offence and liable on summary conviction:
a. in the case of an individual, to a fine not exceeding $10,000 and, in the
case of a continuing offence, to a further fine not exceeding $2,500 for
each day during which the offence continues; and
b. in the case of a corporation, to a fine not exceeding $25,000 and, in the
case of a continuing offence, to a further fine not exceeding $2,500 for
each day during which the offence continues.
12. The imposition of any penalty for violation of this bylaw shall not relieve the
person or corporation for complying with this bylaw.
13. Notwithstanding section 11, where a person commits or is alleged to have
committed an infraction of this bylaw a Designated Officer may give to a person
or corporation either in person, by mail or affixing the same to the dwelling a
Notice of Violation requiring such person to appear at the Municipality's office
within 14 days and pay to the municipal employee thereat, as a penalty for the
specific infraction, the sum of;
a. $200.00 for a first offence.
b. $350.00 in the case of each and every subsequent offence within a twenty-
four (24) hour period.
c. $500.00 in the case of any subsequent offence within three (3) months of
any previous offence;
14. Compliance with the Notice referred to in section 13 shall relieve the person to
whom the Notice was issued from liability to such prosecution.
Severability
15. If a Court of competent jurisdiction should declare any 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 the bylaw and it is
hereby declared that the remainder of the bylaw shall be valid and shall remain in
force and effect.
16. Bylaw No. 9 - 1988; 1- 1992; 6 - 2004; 5-2008 are hereby repealed.
Coming into Force
17. This bylaw shall come into force and take effect on the day of final passing
thereof.
_______"E.E. Christensen"________
REEVE
_________"Dave E. Dmytruk"______
ADMINISTRATOR
Read a Third Time and Passed by
resolution of Council on the 21st
day of June, 2010.