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TOWN OF KINISTINO
BYLAW NO. 11/05
A BYLAW OF THE TOWN OF KINISTINO TO PROHIBIT CERTAIN ACTIVITIES
CREATING NOISE AND TO ABATE THE INCIDENCE OF NOISE AND TO
RESTRICT THE HOURS WHEN CERTAIN SOUNDS MAY BE MADE
Whereas Council may pass such Bylaws as are deemed expedient and are not contrary to
law for the peace, order and good government of the municipality and for promoting the
safety, health and welfare of people and the protection of people and property;
And Whereas the incidence of noise in the Town of Kinistino is such that the Council of
the Town of Kinistino deems it expedient that regulations be made restricting and abating
the activities which give rise to unnecessary noise in the Town;
And Whereas the intent of this Bylaw is that all noise shall be reduced as far as possible
compatible with the normal activities of urban life and that unnecessary noise be
eliminated.
Now Therefore the Council of the Town of Kinistino enacts as follows:
1. This Bylaw may be cited as "The Noise Bylaw".
2. In this Bylaw, the expressions:
a) Town means the corporation of the Town of Kinistino or the area contained
within the boundaries of the Town of Kinistino;
b) Emergency Vehicle means a motor vehicle used in response to a public
catastrophe or to protect persons or property from imminent danger;
c) Emergency Work means work made necessary to restore property to a safe
condition following a public catastrophe, work to restore public utilities, or work
required to protect persons or property from an imminent exposure to danger;
d) Holiday means any statutory holiday or any holiday proclaimed as such by the
Council of the Town of Kinistino;
e) Motor Vehicle means a motor vehicle as defined by the Highway Traffic
Board;
f) Residential Building means a structure used for the shelter or acomodation of
persons;
g) Residential District means a district as referred to in the Zoning Bylaw
enacted by the Council of the Town of Kinistino and amendments thereto;
h) Signalling Device means a horn, gong, bell, siren or other device producing
an audible sound for the purpose of drawing people's attention to an approaching
vehicle, including a bicycle;
i) Weekday means any day other than a Sunday or holiday.
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 either annoys, disturbs, injures,
endangers or detracts from the comfort, repose, health, peace or safety of other persons
within the limits of the Town.
c) The interpretation of what constitutes a loud 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 the Trial Judge hearing a prosecution of an
offence against this Bylaw.
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) 11:00 o'clock in the evening and 7:00 o'clock in the next forenoon on
weekdays;
b) 11:00 o'clock in the evening and 8:00 o'clock in the forenoon on the following
day which is a Sunday or 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.
6.
a) 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 noise or sound eminates.
b) For the purpose of this Bylaw, 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.
c) 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.
7. Construction Noises
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 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:
a) 11:00 o'clock in the evening and 7:00 o'clock of the next forenoon on
weekdays;
b) 11:00 o'clock in the evening and 8:00 o'clock in the forenoon of the following
day which is a Sunday or holiday.
8. 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
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.
9. Truck Motors
No person shall allow the 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.
Exceptions
10.
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 Christman 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.
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 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;
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 commodius
space in connection with any public election meeting, public celebration or other
reasonable gathering;
i) the use of any tractors, trucks or other equipment for snow removal, snow
cleaning or sanding of streets, the repair of streets or the repair and maintenance of any
municipal works or utilities;
j) the use of any equipment for the repair or maintenance of any public utilities
including the public utilities operated by the Saskatchewan Power Corporation and
Saskatchewan Telecommunications;
k) the sounds caused by any person, animal, machine or by any other means
during the carrying on or operation of any exhibition, circus, sporting event or any other
activity lawfully authorized by the Council of the Town of Kinistino.
11.
Council may, by resolution, exempt from the provisions of this Bylaw the noises
made by any person, firm or corporation in the lawful operation of any industrial or
commercial or any other business undertaking.
12. Penalties
Any person who contravenes any provision of this Bylaw is guilty of an offence
and is liable on summary conviction to a minimum fine of $100.00 and a maximum fine
not in excess of $500.00 or, in default of payment of the fine and costs, to imprisonment
for a period not exceeding 30 days.
13. Bylaw No. 8-94 is hereby repealed.
_________________________
Mayor
__________________________
Town Administrator