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NOISE BYLAW
VILLAGE OF LIPTON
BYLAW NO 2018-24
A BYLAW TO PROHIBIT CERTAIN ACTIVITIES CREATING NOISE AND TO ABATE THE INCIDENCE
OF NOISE AND TO RESTRICT THE HOURS WHEN CERTAIN SOUNDS MAY BE MADE
NOW THEREFORE the Council of the Village of Lipton in open meeting assembled enacts as follows:
1.
This Bylaw may be cited as The Noise Bylaw.
2.
In this Bylaw, including this section:
1. "Village" means the Village of Lipton;
2. "Holiday" means any statutory holiday as defined in the Interpretation Act, and amendments thereto, or
any holiday proclaimed as such by the Council of the Village of Lipton;
3. "Motor Vehicle" means motor vehicle as defined in the Vehicles Act of Saskatchewan.
4. "Residential Building" means a building which is constructed as a dwelling for human beings;
5. "Residential District" means a district defined as such in the Zoning Bylaw enacted by the Village of
Lipton and amendments thereto;
6. "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;
7. "Weekday" means any day other than a Sunday or holiday.
GENERAL PROHIBITION
3. 1) 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 allowed to be continued to be made, any
loud noise, or any unnecessary noise, or any unusual noise.
2)
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
annoys, disturbs, injures, endangers or detracts from the comfort, repose, health, peace or safety of other
persons within the limits of the Village.
3)
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, a roto tilling machine of
any kind, or any other machine or similar or like nature that is powered by an internal combustion engine or
an electric motor in any residential district between the hours of:
a) 10:00 p.m. and 7:00 a.m. on a weekday;
b) 10:00 p.m. and 8:00 a.m. on a Sunday or holiday.
5.
No person who owns, keeps, houses, harbors or allows to stay in his premises a dog shall allow such dog to
bark excessively or howls excessively.
6.
1) 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 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.
2) 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 areas of such building and the land
surrounding the building within the boundaries of the lot shall be deemed to be separate premises.
3) 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.
CONTRUCTION 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 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) 10:00 p.m. and 6:00 a.m. on a weekday;
b) 10:00 p.m. and 8:00 a.m. on a Sunday or holiday.
ADVERTISING NOISES
8.
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 there from shall be or is audible to persons using or frequenting any street or other public
place.
TRUCK MOTORS
9.
No person shall allow the motor of a tractor which pulls a trailer or a semi-trailer truck, or any other truck,
to remain running for longer than 20 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 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 in connection with any parade authorized by Council pursuant to the
provisions of the Traffic Bylaw.
d) the sounding of a general or a particular alarm or warning to announce a fire or other emergency or
disaster;
e) the sounding of a factory whistle and similar devices at normal appropriate times;
f)
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;
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 commodious 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 clearing 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 Saskatchewan Power Corporation and Saskatchewan Telecommunications;
k) the sounds cause 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 on or in the
lands and building of the Village of Lipton;
l)
the sounds caused by any person, animal, machine or by any other means during the carrying on or
operation of any lawfully authorized sporting event in any sports arena or building, public park or any
other public place where such sporting event may be lawfully carried on.
11.
Council may, by resolution, exempt for 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.
GENERAL PENALTY
12.
1) Every person who contravenes any provision of this Bylaw is guilty of an offence and liable on
summary conviction:
a) for a first offence, to a fine of $300.00; and
b) for a second offence, to a fine of $500.00; and
c) for a third or subsequent offense, to a fine not less than $700.00 and
not more than $10,000.00
2) In the case of a corporation, to a fine not exceeding $25,000.00 and, in the case of a continuing offence,
to a further fine of not more than $25,000.00 for each day during which the offence continues.
3) In default of payment of a fine imposed under either subsection (1) or subsection (2), the individual
convicted may be imprisoned for a term of not more than one year.
4) a) Notwithstanding subsection (1) and subsection (2) in the case of a person who contravenes a
provision of this Bylaw for the first time, a peace officer may issue a notice of violation to that person;
b) The notice of violation shall provide that, if the person pays the Village the sum of:
i) $300.00 in the case of a first offence within 14 calendar days of the date of the notice of
violation, the person shall not be prosecuted for the contravention.
c) The fine may be paid
i) in person, during regular office hours, to the clerk, located at the Village Office;
ii) by mail addressed to the Village of Lipton, Box 219, Lipton, Saskatchewan S0G 3B0.
5) Notwithstanding subsection 4), if it is, in the opinion of a peace officer, in the public interest to
compel a person who has contravened a provision of this Bylaw for the first time to appear before a
justice under this Bylaw, the peace officer may issue a summons that requires the person to appear before
a justice without the alternative of paying the specified amount to avoid persecution.
6) If in the opinion of a prosecutor it is appropriate, the prosecutor may, on or before the court
appearance date, permit the person mentioned in subsection 5) to pay the specified amount to avoid
prosecution.
13.
Bylaw No. 5, 2009 is repealed.
14.
This Bylaw shall come into force and take effect, from and after the final
passing thereof.
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Mayor
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Administrator
Read a third time and adopted
this
day of
, 20
.
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Administrator