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VILLAGE OF EBENEZER
BYLAW NO. 2018-01
NOISE BYLAW
The Council of the Village of Ebenezer, in the Province of Saskatchewan, enacts as follows:
1. This Bylaw may be cited as "The Noise Bylaw".
2. In this Bylaw, including this section:
(a) "municipality" means the Village of Ebenezer;
(b) "holiday" means any statutory holiday as defined in The Interpretation Act, 1995, and amendments thereto, or any holiday proclaimed as such by the municipality;
(c) "motor vehicle" means "motor vehicle" as defined in The Vehicle Administration Act;
(d) "residential building" means a building which is constructed as a dwelling for human beings;
(e) "signalling 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;
(f) "weekdays" means any day other than a Sunday or holiday.
General Prohibition
3. (1) 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.
(2) 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 that in the opinion of the Bylaw Enforcement Officer, either annoys, disturbs, injures, endangers or detracts from the comfort, repose, health, peace or safety of other persons within the limits of the municipality.
(3) What is a loud noise, an 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)In the absence of other evidence, or by way of corroboration of other evidence, a court of competent jurisdiction may infer from the evidence of a Bylaw Enforcement Officer relating to the conduct of a person(s) or animal(s), whether ascertained or not,
that any loud noise, any unnecessary noise, or any reasonable noise:
NOISE BYLAW NO. 2018-01
a)occurred;
b)was of a nature as to annoy, disturb, injure, endanger or distract from the comfort, repose, health, peace or safety of other persons.
Domestic Noises
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) after the hour of 10 o'clock in the evening and before the hour of 7 o'clock in the
morning of any weekday;
(b)after the hour of 10 o'clock in the evening and before the hour of 8 o'clock in the
morning of any Sunday or public holiday.
5.No person who owns, keeps, houses, harbours or allows to stay in his premises a dog shall allow such dog to bark excessively or howl excessively at any time of the day or night.
6.(1) No person being the owner or occupant of any premisesshall 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 noise or sound emanates.
(2) For the purpose of this Bylaw, "premises" shall mean the area contained within the boundaries of any lot and include 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.
(3) For the purpose of this Bylaw, "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.
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 10 o'clock in the evening and before the hour of 7 o'clock in the morning of any day.
NOISE BYLAW NO 2018-01
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 trenching machine, a drag line, an air or steam compressor, a jack hammer or pneumatic drill, a tractor or bulldozer or any other tools, device or machine in any residence between the hours of 10 o'clock in the evening and 7 o'clock in the morning.
Exceptions
9.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 steam whistle, the sounding 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;
(f) 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;
(g) any use of sound amplification equipment used by the police, fire department or any
ambulance service or public service, or
(h) 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.
Penalties
10. Any person who contravenes any provision of this Bylaw is guilty of an offence and is liable on summary conviction to a fine of $150.00 (one hundred fifty dollars) for a first offence and $250.00 (two hundred fifty dollars) for each subsequent offence under the provisions of this bylaw.
11.A reduced voluntary payment of $100.00 (one hundred dollars) can be made within 30 days of a notice of violation for a first contravention of this bylaw.
NOISE BYLAW NO 2018-01
12.Conviction of a person for a contravention of any provision of this bylaw does not relieve
him from compliance with the bylaw, and the convicting Judge or Justice of the Peace shall, in addition to any fine imposed, order the person to perform, within a specified period, any act or work necessary for the proper observance of the bylaw or to remedy the contravention of the bylaw.
Severability Clause
13.If a court of competent jurisdiction should declare any section or part of any section of this bylaw to be invalid, such section or part of any section shall not be construed as having persuaded or influenced the 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 in effect.
14. This Bylaw shall come into force and take effect immediately.
15.Bylaw No. 29-2010 is hereby repealed.
Seal
______________________________
Mayor - Braden Ferris
______________________________
Administrator - Joyce Palagian
Read a third time and adopted by
Council of the Village of Ebenezer
this 13th day of March, 2018.
_______________________________
Administrator
Certified a true copy of Bylaw #2018-01
adopted by resolution of Council this
13th day of March, 2018.
_______________________________
Administrator