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Noise Bylaw
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BYLAW NO. 2020-05
A BYLAW OF THE TOWN OF DUCK LAKE IN THE PROVINCE OF SASKATCHEWAN
TO CONTROL AND REGULATE NOISE
The Council of the Town of Duck Lake in the Province of Saskatchewan enacts as follows:
1. This bylaw may be cited as "The Noise Bylaw".
DEFINITIONS
2. In this bylaw:
a)
"Town" means the corporation of the Town of Duck Lake and the area
contained within the boundaries of the Town of Duck Lake, as the context
requires;
b)
"Council" means the Council of the Town of Duck Lake;
c)
"holiday" means any statutory holiday as defined in the Interpretation
Act, and amendments thereto, or any holiday proclaimed as such by the
Council of the Town of Duck Lake;
d)
"motor vehicle" means any vehicle propelled by any power other than
muscular power except motorcycles, aircraft or a motor vehicle that runs
only upon rails;
e)
"motorcycle" means a vehicle that is propelled or driven by any means
other than by muscular power, has two or three wheels, is designed for
use on a highway, and does not have a cab for the driver;
f)
"night" shall mean the period commencing at 2400 hours and ending at
0700 hours of the following calendar day;
g)
"occupant" shall mean 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;
h)
"person" includes a corporation, partnership, association or society;
i)
"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;
j)
"public property" means any highway, parkland, public bridge, road, lane,
footway, square, court, alley or passage, whether a thoroughfare or not;
and includes any open space to which the public has or is permitted to
have access, whether on pavement or otherwise, that is owned by the
Town of Duck Lake;
k)
"residential district" means a district defined as such in the Zoning Bylaw
enacted by the Council of the Town of Duck Lake and amendments
thereto;
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l)
"semi-trailer" means a vehicle that is at any time drawn on a highway by
motor vehicle and that is designed for the conveyance of goods or as
living quarters for persons and so that its weight and the weight of its
load is carried partly on its own axles and partly on another vehicle;
m)
"signaling device" means a horn, gong, bell, klaxon, siren or other device
producing an audible sound for the purpose of drawing people's
attention to an approaching vehicle, including a bicycle;
n)
"truck" means a motor vehicle that is designed for the conveyance of
goods, equipped with a lifting device; or on which any machinery is
permanently mounted;
o)
"weekday" means any day other than a Sunday or holiday.
GENERAL PROHIBITION
3. Except as may be authorized under this bylaw:
a)
No person shall make, cause or permit any noise or sound on private or
public property that unreasonably disturbs, or is likely to disturb the
quiet, peace, rest, enjoyment, comfort or convenience of persons in the
neighbourhood or vicinity.
b)
No person owning or controlling premises shall permit the use and
occupation of those premises in a way that makes or causes any noise or
sound that unreasonably disturbs or is likely to disturb the quiet, peace,
rest, enjoyment, comfort or convenience of persons in the
neighbourhood or vicinity.
4. In determining whether a noise or sound unreasonably disturbs or is likely to disturb
the quiet, peace, rest, enjoyment, comfort or convenience of persons in the
neighbourhood or vicinity, consideration may be given but is not limited to the:
a)
type, volume and duration of the sound;
b)
time of day and of the week;
c)
nature and use of the surrounding area; and
d)
the nature of the activity of persons being disturbed.
DOMESTIC NOISES
5. Without restricting the generality of Section 3, no person shall operate or allow to be
operated a lawn mower or leaf blower 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 24:00 o'clock and 7:00 o'clock on weekdays,
Sundays and holidays.
6. No person being the owner or occupant of any premises shall cause, allow or permit
the sound of a howling, wailing or barking dog which can be heard by a person not on
the same premises and which unreasonably disturbs or is likely to disturb the quiet,
peace, rest, enjoyment, comfort or convenience of that person.
7. 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
promotion or amplification of sound, either in or on private or public property in a
location within or the immediate proximity of 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 noise or sound emanated, and which unreasonably
disturbs or is likely to disturb the quiet, peace, rest, enjoyment, comfort or convenience
of that person.
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CONSTRUCTION NOISES
8. 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 or
operate or allow to be operated a cement mixer, a cement mixer truck, a gravel crusher,
a riveting machine, a trenching machine, a drag line, an air or steam compressor, a
jackhammer or pneumatic drill, a tractor or bulldozer or any other tools, device or
machine of a noisy nature, so as to create a noise which may be heard in any residence
between the hours of 24:00 o'clock and 7:00 o'clock on weekdays, Sundays and
holidays.
ADVERTISING NOISES
9. 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 loudspeakers or other devices for
the amplification of sound, or by any other audible means, on any street or other public
place or in any building or premises with the intention or result that the sound
therefrom shall be or is audible to persons using or frequenting any street or other
public place.
DIESEL MOTORS
10. No person shall allow the diesel motor on a tractor which pulls a trailer or on a semi-
trailer truck, or any other truck, to remain running for longer than 30 minutes while the
tractor-trailer, or tractor alone, or truck, is stationary in a residential district.
11. Except as provided under Section 10 hereof, no person shall allow the diesel motor
of any motor vehicle to remain running for longer than 45 minutes while the motor
vehicle is stationary in a residential district.
EXEMPTIONS
12. 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 the Christmas season or at any other time;
c)
the playing of a band, the sounding of a steam whistle, the sounding of
motor vehicles' horns or the use of sound amplification equipment in
connection with any parade authorized by Council pursuant to the
provision of the Traffic Bylaw;
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;
f)
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;
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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 use of any tractors, trucks, or other equipment used in the repair of
streets or the repair and maintenance of any municipal works or utilities;
l)
the use of equipment for cleaning or clearing streets including street
sweepers and equipment for snow removal, snow clearing or sanding
streets;
m)
the use of any equipment for the repair or maintenance of any public
utilities including the public utilities operated by the Saskatchewan Power
Corporation, Saskatchewan Energy Corporation and Saskatchewan
Telecommunications.
GENERAL REGULATIONS
13. Notwithstanding any other provision of this bylaw:
a)
a person may perform works of an emergency nature for the
preservation or protection of life, health or property but the onus shall be
on the person performing the work to show cause that the work was of
an emergency nature;
b)
a person may apply for and receive from the Town a permit for a special
event, which in the Town Council's opinion is in the public interest, in
which case the requirements of this bylaw may be waived;
c)
Town Council may grant exemptions to this bylaw upon application as it
may consider to be in the public interest.
INTERPRETATION
14. Any exceptions or exemptions as may be provided under this bylaw are not to be
interpreted so as to create vagueness or uncertainty as to the standard by which noise is
measured under the prohibiting sections of this bylaw.
OFFENCES AND PENALTIES
15.
a)
Any person who contravenes any provision of this bylaw is guilty of an
offence punishable on summary conviction and liable to a fine of not
less than;
(i) $50.00 in the case of a first offence;
(ii)$100.00 in the case of any subsequent offense within three (3) months
of any previous offence and not more than;
(a) two-thousand ($2,000.00) dollars in the case of an individual;
(b) five thousand ($5,000.00) in the case of a corporation.
b)
When a bylaw enforcement officer issues a summary ticket for a violation
of this bylaw, that bylaw enforcement officer may enter on the ticket the
appropriate amount as per section 15 which, if paid within the time
prescribed, will be accepted as a guilty plea to the offence;
SEVERABILITY
16. Each provision of this bylaw is independent of all other provisions. If any provision is
declared invalid by a court of competent jurisdiction, all other provisions of this bylaw
will remain valid and enforceable.
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REPEAL
17. Bylaws 4 of 1986 is hereby repealed.
COMING INTO FORCE
18. This bylaw shall come into force and take effect on the day of its final passing.
Mayor
[SEAL]
Clerk / Administrator
Section 8 of The Municipalities Act
Read a third time and adopted
this ____ day of ___________
_________________________
Administrator