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NOISE BYLAW
TOWN OF GRAND COULEE
BYLAW NO 10-2017
A BYLAW TO CONTROL AND REGULATE NOISE WITHIN
THE TOWN OF GRAND COULEE
The Council of the Town of Grand Coulee in the Province of Saskatchewan enacts as follows:
1.
This Bylaw shall be known as the Noise Bylaw.
DEFINITIONS
2.
In this bylaw:
a) "Town means the Town of Grand Coulee;
b) "Council" means the Council of the Town of Grand Coulee;
c) "Motor Vehicle" means any vehicle propelled by any power other than muscular power;
d) "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;
e) "Person" includes a corporation, partnership, association or society;
f) "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;
g) "Property" means real property and includes land, other than a highway, together with
all improvements which have been so affixed to the land as to make them in fact and in
law part thereof.
h) "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.
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 unreasonably 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 unreasonably 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 unreasonably
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 noise or sound;
b) Time of day and of the week;
c) Nature and use of the surrounding area;
d) The frequency of occurrence; and
e) The nature of the activity from which the noise or sound emanates; and
f) Any other relevant factor.
DOMESTIC NOISES
5.
Without restricting the generality of Section 3, no Person shall operate or allow to be
operated a lawn mower, leaf blower, or snow clearing device, which is 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 11:00 o'clock in the evening and 7:00 o'clock in the
morning of the following day.
6.
No Person owning or controlling any Premises shall cause, allow or permit the sound of
howling, wailing or barking of a dog or the caterwauling of a cat or the cry of an animal or
bird, any of which can be heard by a Person not on the same Premises from which such
noise or sound emanates and which unreasonably disturbs or is likely to unreasonably
disturb the quiet, peace, rest, enjoyment, comfort or convenience of that Person.
7.
No Person owning or controlling 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, speaker, stereo
or any other apparatus, appliance, device, electronic or machine used for the promotion or
amplification of sound, either in or on private or public Property in such a manner that the
same can be easily heard by Person who is not on the same Premises from which such noise
or sound emanates, and which unreasonably disturbs or is likely to unreasonably disturb the
quiet, peace, rest, enjoyment, comfort or convenience of that Person.
CONSTRUCTION NOISE
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 to 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 or sound which:
a) May be heard in any residence between the hours of 11:00 o'clock in the evening and
7:00 o'clock in the morning of the following day; or
b) Unreasonably disturbs or is likely to unreasonably disturb the quiet, peace, rest,
enjoyment, comfort or convenience of Persons in the neighborhood or vicinity.
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 noise or 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 of any motor vehicle to remain running for longer
than 20 minutes which the motor vehicle is stationary.
EXEMPTIONS
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 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 a police whistle or the siren 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 use of any tractors, trucks, or other equipment used in the repair or 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;
n) The reasonable use of a Signaling Device, provided that the Signaling Device is used
for the purposes of avoiding injury to person or property or to alert a Person or animal
to the approach of a moving vehicle (including a bicycle)
GENERAL REGULATIONS
12.
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 works 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.
SEVERABILITY
13.
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.
OFFENCES AND PENALTIES
14.
Any person who contravenes any provision of this bylaw is guilty of an offense and is liable
on summary conviction:
i.
For a first time offence, or for an offence which occurs more than one year
after a prior offence, $200.00;
ii.
For a second offence within one year of an offence for which a fine was
assessed under section 14(i), $300.00;
iii.
For a third offence within one year of an offence for which a fine was
assessed under section 14(ii), $400.00;
iv.
The progression shall continue, with any person convicted of an offence
liable for an additional $100.00 fine for each subsequent offence within one
year of the previous, provided that no fine shall exceed $10,000.00 and, in
the case of a continuing offence, to a further fine of not more than
$10,000.00 for each subsequent offence.
15. Voluntary payment may be remitted to the Town of Grand Coulee in the amount stipulated
above to avoid prosecution for this offence.
REPEAL
16.
Bylaw 5/97 is hereby repealed.
Mayor
[SEAL]
Administrator
Read a third time and adopted
this 11th day of April, 2017.
_________________________
Administrator
Read a third time and adopted
this ____ day of ___________
_________________________
Administrator