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Noise Bylaw
TOWN OF LEROY
BYLAW NO 2/94
A BYLAW TO CONTROL AND REGULATE NOISE
The Council of the Town of LeRoy 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 Town of LeRoy.
b) "holiday" means any holiday as defined in The Interpretation Act, or any holiday
proclaimed as such by the municipality.
c) "motor vehicle" means a vehicle propelled or driven by any means other than by
muscular power.
d) "occupant" means the owner, occupant or licensee of the premises or any person found
on the premises at or around the time where the noise or sound issues from the
premises.
e) "premises" means 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.
f) "residential building" means a building which is constructed as a dwelling for human
beings.
g) "signaling 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.
h) "weekday" means any day other than a 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, 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, 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 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.
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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 6:00 o'clock of the next forenoon on weekdays;
b) 11:00 o'clock in the evening and 6:00 o'clock in the morning of the following day which is
a holiday.
5.
No person who owns, keeps, houses, harbors or allows to stay in his premises a dog
shall allow such dog to bark or howl excessively.
6.
No person being the owner or occupant of any premises shall operate, or permit 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.
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 11:00 o'clock in the evening and before the hour of 6:00 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 compressor, a riveting machine, a
trenching machine, a drag line, 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 11:00 o'clock in the evening
and 6:00 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.
EXCEPTIONS
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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
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 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 whistle or 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 pubic 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 sounding of motor vehicle horns when used within reason.
PENALTIES
11.
Any person who contravenes any provision of this Bylaw is guilty of an offence and is
liable on summary conviction to the penalties imposed in the General Penalty Bylaw of
the municipality.
Given three readings and adopted
By Council the 13th day of January, 1994