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TOWN OF LANGHAM
NOISE BYLAW 2020-09
________________________________________________________________________
A Bylaw of the Town of Langham to prohibit certain activities creating noise and to abate the
incidence of noise and to restrict the hours when certain sounds may be made.
The Council of the Town of Langham, in the Province of Saskatchewan enacts as follows;
1.
Short Title
1.1
This Bylaw may be cited as the "The Noise Bylaw".
2.
Purpose
2.1
This Bylaw is enacted to protect, preserve and promote the safety, health, welfare, peace
and quiet of the citizens of the Town of Langham through the reduction, control, and prevention
of unreasonably loud and excessive noise, and any noise which unreasonably disturbs, injures, or
endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary
sensitivity.
3.
Scope
3.1
This Bylaw applies to the control of all sound originating within the jurisdictional limits
of the Town.
4.
Definitions and Interpretation
4.1
In this Bylaw:
(a) "Approved Sound Meter" means a sound meter approved by Council by resolution;
(b) Bylaw Enforcement Officer" means any person appointed by the Council to enforce
the provisions of this bylaw;
(c) "Bylaw Notice" means a notice that is used to give notice that the bylaw has been
contravened;
(d) "Town" means the Town of Langham in the Province of Saskatchewan;
(e) "Commercial District" means a commercial district as established by the Zoning
Bylaw;
(f) "Council" means the Council of the Town of Langham;
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(g) "Dwelling" means a dwelling unit within the meaning of The Zoning Bylaw;
(h) "Engine Brake" means a device commonly used in a Truck, Power Unit or Semi-
Trailer unit to slow or brake the vehicle by closing the exhaust valves on the engine of
the vehicle, or any similar device;
(i) "Emergency" means works or activity of an urgent nature, undertaken for the
preservation or protection of life, health or property.
(j) "Emergency Vehicle" means a vehicle employed by police, firefighters, paramedics
and or emergency medical technicians, an ambulance service or other first responders in
the discharge of their duties.
(k) "Emergency Work" means work made necessary to restore property to a safe
condition following a public catastrophe, work to restore public utilities, roadways or
public facilities, or work required to protect persons or property from an imminent
exposure to danger;
(l) "Holiday" means Sunday, any statutory holiday, and any day declared by resolution of
Council to be a holiday.
(m) "Industrial District" means an industrial district as established by the Zoning Bylaw;
(n) "Motor Vehicle" means any vehicle propelled by power other than muscular power,
including, but not being limited to a scooter, motorcycle, automobile, truck, snowmobile
or Power Unit.
(o) "Occupant" means a person who is the owner, occupant or lessee of the premises or
any person found on the premises at or around the time when the noise or sound
issues from the premises;
(p) "Outdoor Public Event" shall have the meaning ascribed in subsection 8.3 hereof;
(q) "Point of Reception" the point at which a sound level is measured by an Approved
Sound Meter, located as close as is practicable to a height of 1.4 meters above ground
level.
(r) "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 separate premises;
(s) "Residential Building" means a building/structure used for the shelter or
accommodation of persons;
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(t) "Residential District" means a residential district as established by the Zoning
Bylaw;
(u) "Quiet Hours" means any time of the day occurring:
(A) On any day after 11:00 pm;
(B) On any Weekday before 7:00 am; or
(C) On any Sunday or Holiday before 9:00 am.
(v) "Semi-Trailer" means a semi-trailer within the meaning of The Traffic Safety Act;
(w) "Special Event Permit" means a permit granted under subsection 8.4 hereof;
(x) "Signaling Device" means a horn, gong, bell, whistle, siren or other device producing
an audible sound to draw people's attention to an approaching vehicle, including a
bicycle; and
(y) "Weekday" means any day other than a Holiday.
(z) "Zoning Bylaw" means The Zoning Bylaw 2018-04 of the Town of Langham.
4.2
For the purposes of this bylaw, and without in any way limiting the generality of any
provision contained herein, a person shall be deemed to:
(a) Cause a noise or an activity giving rise to a noise where that person is:
(i) An owner of a business where the noise, or the activity giving rise to the noise
is associated with, arises from or is incidental to the carrying out of the business
enterprise; and
(ii) The organizer of any event conducted with a view to a profit (whether or not a
profit actually occurs) at which any person shall create a noise or undertake an
activity giving rise to a noise incidental to or in furtherance of the hosting or
operation of such event;
(b) Suffer and/or permit any noise to be caused, or any activity giving rise to a
noise to be carried on, where that person is any or all of the following:
(i) A registered owner of the Premises upon which the noise originates;
(ii) A tenant of the Premises upon which the noise originates;
(iii) The employer and/or supervisor of any person creating a noise or undertaking
an activity giving rise to a noise; or
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(iv) The organizer of any not-for-profit event at which any person shall create a
noise or undertake an activity giving rise to a noise.
5. General Prohibition
5.1 Except as otherwise permitted under this bylaw, no person shall make, continue, or cause to
be made or continued, or suffer or permit to be made or continued:
(a) Any unreasonably loud or excessive noise;
(b) Any noise which is likely to unreasonably annoy, disturb, injure, or endanger, or
distract from, the comfort, repose, health, peace or safety of reasonable persons of
ordinary sensitivity; and likely to unreasonably annoy, disturb, injure, or endanger, or
distract from, the comfort, repose, health, peace or safety of reasonable persons of
ordinary sensitivity, where those persons are located or may be located in Premises other
than those from which the noise originates.; or
(c) Any noise which is so harsh, prolonged, unnatural or unusual so as to cause
unreasonable discomfort to, unreasonably interfere with the peace and comfort of, or
detrimentally or adversely affects Premises (and the people therein) other than those
Premises from which the noise, including residences and/or places of business.
5.2 In determining whether a sound is unreasonably loud or excessive, considerations shall
include, but are not limited to, the following:
(a) The land use, nature and zoning of the Premises from which the sound emanates and
the Premises where it is received or perceived;
(b) The proximity of the sound to Premises used for sleeping, whether residential,
commercial or industrial;
(c) The time of day or night the sound occurs;
(d) The duration of the sound;
(e) The volume of the sound;
(f) The nature of the sound;
(g) Whether the sound is recurrent, intermittent or constant; and
(h) The nature of the event or activity from which the sound emanates.
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6. Specific Prohibitions
6.1 Specific Prohibitions Do Not Derogate: The following specific prohibitions do not in any
way restrict or derogate from the General Prohibition contained in Section 5 hereof.
6.2 Domestic Noise: No person shall:
(a) Operate, or suffer or permit to be operated, during Quiet Hours:
(i) A tractor, lawn mower, leaf blower, tiller, chain saw, mulcher, snow clearing
device, or other similar yard or garden equipment, which is powered by an engine
of any type;
(ii) A model aircraft, model vehicle, or other similar toy or recreational device
driven by an internal combustion engine; and
(iii) Vehicle mounted: carpet cleaning, duct cleaning, or similar equipment.
(b) Cause, allow, suffer 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 any person affected or possibly affected thereby.
(c) Cause, allow, suffer or permit or operate, play or allow to be played, any radio, 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 heard by persons who are 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 any person affected or
possibly affected thereby.
6.3 Construction Noise: Except in the case of a an Emergency, no person shall carry on, or
suffer or permit the construction, erection, demolition, alteration or repair of any building or
structure which involves hammering, sawing, drilling or using 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: so as
to create a noise or sound which:
(a) May be heard in any residence during Quiet Hours; or
(b) Regardless of the time or day, unreasonably disturbs or is likely to unreasonably
disturb the quiet, peace, rest, enjoyment, comfort or convenience of persons located in
Premises other than that from which the noise emanates.
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6.4 Advertising Noise: No person shall advertise any event or merchandise by ringing bells,
blowing whistles, calling loudly, playing music, playing any musical instrument, playing or
using any noise-making instrument, by the use 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 or any other Premises.
Notwithstanding the foregoing, and subject to the General Prohibition set out in section 5, a
mobile vendor of food products may, outside of Quiet Hours, and while moving (and for a period
of no longer than may be required to stop and service customers) play music or ring a handbell to
announce its arrival and/or proximity.
6.5 Vehicle Noise: No person shall:
(a) Cause, suffer or penult:
(i) The idling of any Truck or Power Unit or the operation of any motor,
refrigeration unit or similar device on a Semi-Trailer for more than twenty (20)
minutes;
(ii) The use of an Engine Brake on any Motor Vehicle driven within the Town,
except in case of an Emergency; or
(b) The use of a signalling device except on an Emergency Vehicle; employed by those
persons referenced in subsection 8.1(g); and
(c) The use of an air horn on any Motor Vehicle within the Town, except in cases of
Emergency.
6.6 Permitted Premises: Any unreasonably loud or excessive noise in a permitted premise or in
a patio area which is part of the permitted premises which can be heard in a residential district
and which unreasonably disturbs the peace, quiet and comfort of persons in the residential
district.
7. Absolute Prohibitions
7.1 Notwithstanding (and without in any way restricting or derogating from any provision set out
in section 5 or in section 6 hereof), no person shall:
(a) Operate or suffer or permit the operation of a Motor Vehicle within the Town that is
capable of or emits any exhaust or related sound exceeding 92 dBA at a location 50
centimeters from the exhaust outlet thereof while the engine is at any speed greater than
idle;
(b) Carry on or suffer or permit any other person to carry on any activity giving rise to
noise at a level which exceeds any of the following:
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(i) 88 dBA at a Point of Reception located at or within one meter outside the
boundary of the Premises from which the noise emanates;
(ii) 85 dBA at a Point of Reception located at or within one meter outside the
boundary of, or anywhere within a Premises upon which is located a school,
church, library or residence;
(iii) 70 dBA at a Point of Reception located at or within one meter outside the
boundary of, or anywhere within a Premises upon which is located a residence
where the noise is measured during Quiet Hours.
8. Exemptions
8.1 General Exemptions: 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;
(c) The playing of musical instruments, the sounding of a steam whistle, the sounding of
horns or the use of sound amplification equipment for 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 a factory whistle and similar devices at normal appropriate times;
(g) Emergency Vehicles, police, firefighters, paramedics, emergency medical technicians,
ambulance attendants and other first responders (while acting as such) and equipment and
other vehicles used by any of the foregoing in the discharge of their duties (including
training exercises);
(h) Work carried on by the Town or its agents, contractors, servants or employees, acting
within the scope of their agency, contract, or employment, as the case may be;
(i) Sound emanating from any public work owned or operated by the Town;
(j) The use of any equipment for the repair or maintenance of any public utilities
including, but not being limited to the public utilities operated by, Loraas Disposal,
Saskatchewan Power Corporation, Saskatchewan Energy Corporation and Saskatchewan
Telecommunications;
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8.2 Emergencies: If not otherwise the subject of an exemption under this bylaw, a person
performing works or activities intended to prevent, control limit or otherwise relieve from an
Emergency shall be exempted from the provisions of this bylaw, provided that any such person
shall demonstrate that the work for such a purpose, and the noise created thereby was reasonable,
having regard to all the circumstances.
8.3 Outdoor Public Events: The provisions of this bylaw do not apply to an outdoor public
event such as a political rally, public protest, demonstration, religious service, civic ceremony or
act of remembrance or other similar gathering, whether held on private or public land, provided
that:
(a) Except in the case of a religious service held on church premises, no such event shall
occur within or immediately adjacent to residential properties during Quiet Hours; and
(b) No person may operate or suffer or permit the operation of any device that produces,
reproduces or amplifies sound at an Outdoor Public Event where:
(i) any noise created causes or is likely to cause interference with or distraction
from any instruction or other activities carried on in or at a school; or
(ii) The operation of such equipment occurs:
(A) On a Weekday, before 9:00 am;
(B) On a Monday, Tuesday, Wednesday or Thursday, after 9:00 pm;
(C) On a Friday or Saturday, after 10:00 p.m.; and
(D) On a Holiday, before 1:00 pm or after 6:00 pm.
8.4 Special Event Permits:
(a) Any person may apply to the Town for an exemption from any provision of this bylaw
with respect to any noise to allow such person to emit, cause or permit such noise for the
period of time set out in such application.
(b) Every person applying for an exemption shall, at least 45 days prior to the date for
which the exemption is sought (or in the case of an application for several days, the first
such date), provide to the Town a complete and accurate application attached as Schedule
"A", setting out full particulars of exemption requested.
(c) Upon receipt of an application, the Town shall evaluate the application having due
regard to the following criteria:
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(i) The prohibitions set forth in this bylaw, and the degree to which any noise
may cause noise which would be otherwise prohibited hereunder, and the nature
of the noise likely to be associated with the activity or event;
(A) The nature of the activity or event, including but not being limited to:
(B) Whether the activity or event is for the benefit of the public or in the
public interest;
(C) Whether the activity or event is related to a significant event for the
applicant or the applicant's family such as a wedding, or significant
anniversary;
(D) The date or dates of the activity or event and the associated day of the
week; and
(E) The times of operation;
(ii) The general noise mitigation measures proposed by the applicant;
(iii) The efforts made by the applicant to inform residents and businesses likely to
be affected by the noise of the application, and to obtain and accommodate their
questions and concerns prior to the submission of the application;
(iv) The arrangements proposed by the applicant to monitor noise during the event
and to mitigate noise and its effects during the event and activity;
(v) The number of previous exemptions granted to the applicant; and
(vi) Whether any previous exemptions granted to the applicant, or granted in
relation to the proposed location, activity or event have given rise to complication
or negative outcomes.
(d) Where the Town is of the opinion that:
(i) It is not reasonable or appropriate to grant the application, the Town shall
deny the application;
(ii) It is reasonable or appropriate to grant part but not all of an application, or to
impose conditions upon a permit, the Town may grant that portion of the
application which he or she considers to be appropriate;
(iii) It is appropriate and reasonable to grant the application; the Town shall grant
the application;
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(iv) The matter is one which is more appropriately dealt with by Council; refer the
matter to the next Council meeting for a determination together with a report
summarizing the evaluation. Council shall thereafter, with due regard to the
criteria set forth in subsection 8.3, deny the exemption, or grant the exemption in
whole or in part.
(e) The Town or Council, as the case may be, may impose terms and conditions upon any
exemption.
(f) The grant or denial of a permit, and the imposition of terms and conditions by Town
or by Council, is wholly discretionary and is not subject to review or appeal.
(g) Where an exemption is granted, the Town shall issue a Special Event Permit setting
forth the details and the terms and conditions of the exemption, in such form as the
Administrator shall adopt from time to time.
(h) Where an exemption is granted, the Special Event Permit shall render any and all
provisions of this Bylaw referenced therein inapplicable and shall, except where the
penult is rendered null and void, exempt all person or persons organizing and attending
the special event from prosecution under this Bylaw for breach of the specified
provisions.
(i) The breach of any terms or conditions imposed on any exemption granted, and
referenced in the Special Event Permit shall render the exemption null and void.
8.5 Duty to Mitigate Upon Direction: Where a person or an activity is otherwise exempt from
the provisions of this bylaw:
(a) A Bylaw Enforcement Officer may nevertheless direct any such person or person in
charge of any such activity to take such reasonable steps as the Bylaw Enforcement
Officer may specify (either verbally or in writing) to abate or eliminate noise; and
(b) Any such person or person in charge of such activity shall comply with the direction
given by the Bylaw Enforcement Officer within a reasonable time, having due regard to
all the circumstances.
9. Evidentiary Matters
9.1 Sound levels shall be measured by way of an Approved Sound Meter and the testimony of a
Bylaw Enforcement Officer respecting the location at which sound levels were measured, and
the sound levels observed and recorded on an Approved Sound Meter, shall constitute prima
facie proof of those matters;
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9.2 Regardless of the availability of or absence of other evidence, or by way of corroboration of
other evidence, a justice, judge or court may infer from the evidence of a Bylaw Enforcement
Officer relating to a noise and/or the conduct of persons, including, but not being limited to
evidence concerning the factors referenced in subsection 5.2 hereof that a noise is:
(a) Unreasonably loud or excessive;
(b) Likely to unreasonably annoy, disturb, injure, or endanger, or distract from, the
comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity; and
likely to unreasonably annoy, disturb, injure, or endanger, or distract from, the comfort,
repose, health, peace or safety of reasonable persons of ordinary sensitivity, where those
persons are located or may be located in Premises other than those from which the noise
originates.
(c) So harsh, prolonged, unnatural or unusual so as to cause unreasonable discomfort to,
unreasonably interfere with the peace and comfort of, or detrimentally or adversely affect
Premises (and persons located therein) other than that from which the noise originates,
including residences and/or places of business.
10. Offences and Prosecution
10.1 Every person who contravenes any provision of this Bylaw is guilty of an offence and is
liable on summary conviction to:
(a) In the case of an individual, to a fine:
(i) For a first offence not less than $100.00 and not to exceed $250.00;
(ii) For a second offence, not less than $250.00 and not to exceed $500.00; and
(iii) For a third and subsequent offence, not less than $500.00 and not to exceed
$5,000.00, and in the case of a continuing offence, to a further fine of not more
than $5,000.00 for each day during which the offence continues.
(b) In the case of corporation, to a fine:
(i) For a first offence not less than $250.00 and not to exceed $500.00;
(ii) For a second offence, not less than 500.00 and not to exceed $1,000.00; and
(iii) For a third and subsequent offence, not less than $1,000.00 and not to exceed
$10,000.00, and in the case of a continuing offence, to a farther fine of not more
than $10,000.00 for each day during which the offence continues.
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(c) In default of payment of a fine imposed hereunder, an individual convicted may be
imprisoned for a term not to exceed one year.
10.2 Notwithstanding subsection 10.1 above, in the case of a person who contravenes this bylaw
for a first time, a Bylaw Enforcement Officer may issue a notice of violation to that person.
10.3 Where a notice of violation is issued, that notice shall provide that if the person pays the
Town the sum:
(a) In the case of an individual, the sum of $100.00; and
(b) In the case of a corporation, the sum of $250.00;
within 14 calendar days of the date of the notice of violation, the person shall not be
prosecuted for the contravention.
10.4 A voluntary payment pursuant to subsection 10.3 may be paid in person, during regular
office hours at the office of the Town, or by mail addressed to the Town of Langham, Box 289,
Langham SK S0K 2L0.
10.5 Notwithstanding subsection 10.3 if, in the opinion of the Bylaw Enforcement Officer, it is
in the public interest to compel a person who has contravened this Bylaw for the first time to
appear in court, the Bylaw Enforcement Officer may issue a summons requiring such appearance
without giving the alternative of paying the specified amount to avoid prosecution.
11. Schedule Forms Part of Bylaw
11.1 Schedule "A" attached hereto forms part of this Bylaw.
12. Severability
12.1 A determination of invalidity or unconstitutionality by a court of competent jurisdiction of
any provision of this Bylaw shall not affect the validity of the remaining parts of this Bylaw.
13. Repeal
13.1 Bylaw No. 3-91 and all amendments thereto are repealed effective on the coming into force
of this Bylaw
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14. Bylaw Comes into Force
14.1 This bylaw comes shall come into force upon third reading.
INTRODUCED AND READ A FIRST TIME THIS 28th day of September, 2020
READ A SECOND TIME THIS 28th day of September, 2020
READ A THIRD TIME AND PASSED THIS 28th day of September, 2020
____________________
__________________________
MAYOR
ADMINISTRATOR
SEAL
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Schedule "A"
TOWN OF LANGHAM
NOISE BYLAW 2020-09
SPECIAL EVENT PERMIT APPLICATION
The undersigned hereby requests the Town of Langham to consider this application for an
exemption from certain provisions contained within the Noise Bylaw.
The undersigned certifies the information contained herein, on which this application is based, to
be true and the owner is aware of this exemption request.
1. Applicant:
(a) Name of Applicant: _________________________________________________
(b) Address: ___________________________________ ______________________
(c) Mobile Phone: ____________________
(d) Email: ____________________________
2. Date (s) for which an exemption is being sought: __________________________________
3. Civic Address for Event: _______________________________________
4. Name of Owner of Premises: ___________________________________
5. Type of Event: _______________________________________________
6. Anticipated Event Attendance: __________________________________
(a) Expected Number: ___________________________________________
(b) Estimated Age Range: ________________________________________
(e) Expected Percentage of Local Attendees: ________________________
7. Description of noise anticipated and the source(s) of the noise:
(add pages to application if required)
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8. Time of Day noise anticipated: ____________________________
9. Alcohol to be Served: ___________________________________
(a) Yes: _______ If yes: hours of service: ______________________
(b) No: _______
10. Steps to be taken to mitigate or control noise:
(add pages to application if required)
11. Security Arrangements: _____________________________________________
12. Person in charge during event: _______________________________________
(a) Name: ________________________________
(b) Mobile Phone Number: ______________________________
(c) Email: ____________________________________________
13. The names, addresses and phone numbers of nearby residents and businesses which may be
affected, and a summary of their questions and comments shall be attached to this Application
Form
Signature of Applicant: ____________________________________
Date: ________________________
Applications must be received at least 30 days prior to the proposed date of the event.
For Use by Town of Langham
Denied: __________________
Approved: ________________________
Approved with Conditions: _____________________________
Conditions: ______________________________________________________________