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VILLAGE OF LEASK
BYLAW NO. 7/2008
A Bylaw of the Village of Leask, in the Province of Saskatchewan to prohibit certain
activities creating noise, to abate the incidence of noise and to restrict the hours during
which certain noises may be made.
The Council of the Village of Leask in the Province of Saskatchewan, under provision
of Section 8(1)(a) of The Municipalities Act, in open meeting hereby 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 Leask;
(b) "holiday" means any statutory holiday as defined in The Interpretation Act,
and amendments thereto, or any holiday proclaimed as such by the
municipality;
(c) "motor vehicle" means "motor vehicle" as defined in The Motor Vehicle Act
of Saskatchewan;
(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. (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 municipality.
(c) 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.
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) 10 o'clock in the evening and 7 o'clock of the next forenoon on weekdays;
(b) 10 o'clock in the evening and 9 o'clock in the forenoon of 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 emanates.
(b) 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.
(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.
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.
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.
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 loud
speakers 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 to remain running for longer than 20 minutes while the
tractor-trailer, or tractor alone, is stationary in a residential district.
Exceptions
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 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 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;
(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 for snow removal,
snow clearing or sanding of streets, the repair and maintenance of any municipal
works or utilities;
(l)
the use of any equipment for the repair or maintenance of any public
utilities including the public utilities operated by the SaskPower Corporation,
SaskaEnergy, SaskTel, and the municipality.
Council Discretion
12.
At the discretion of Council upon application, the Council may, by resolution,
grant an exemption to any person or organization from any of the provisions of
this bylaw with respect to any source of sound.
Penalties
13. Any person who contravenes any provision of this Bylaw is guilty of an offence
and is liable on summary conviction to a fine not in excess of Five Hundred
($500.00) dollars, or in default of payment of the fine and costs, to imprisonment
for a period not exceeding 30 days.
Coming Into Force
14.
This bylaw shall come into force upon final reading and adoption of by the
Council of the Village of Leask.
____________________________
Mayor:
____________________________
Administrator:
Read a third time and finally adopted
(SEAL)
this 17th day of December, 2008.