Noise Bylaw

Macklin, Saskatchewan

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot e5af34aea0ec · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## TOWN OF MACKLIN ## BYLAW NO. 10/14 ## A BYLAW FOR PROHIBITING, ELIMINATING OR ABATING NOISE THE COUNCIL of the Town of Macklin, in the Province of Saskatchewan enacts as follows: ## TITLE - This bylaw may be cited as The Noise Bylaw. ## INTENT The intent of this Bylaw is that all unusually loud or unusually bothersome noises shall be reduced as far as possible compatible with the normal activities of urban life and that unnecessary noises be eliminated. ## NOISE TOWN LIMITS No person shall make or continue any loud, unnecessary or unusual noise which disturbs the comfort and repose of other persons within the limits of the Town. 4. (1) No person shall allow property belonging to him or under his control to be used so that there originates from the property any loud, unnecessary or unusual noise which disturbs the comfort or repose of other persons in the vicinity of such property or generally within the limits of the Town. - (2) Any person found on any property from which originates any loud, unnecessary, or unusual noise which disturbs the comfort or repose of other persons in the vicinity of such property, or generally within the limits of the Town, is guilty of an offence under this bylaw. 3. No person shall use, operate or permit to be played any radio, musical instrument, loudspeaker or other device for the producing or reproducing of sound with enough volume to annoy or disturb persons. 6. (1) In a residential zone or within 500 feet of an inhabited building no person shall operate or allow to be operated between the hours of 10:00 p.m. and 7:00 a.m. Monday to Friday or between 10:00 p.m. and 9:00 a.m. Saturday, Sunday or holidays, any device, including any tool or piece of equipment or machinery which is powered by an electric motor or an internal combustion engine. This clause shall not apply to the above when operated in an enclosed structure. - (2) This bylaw shall not apply to noises made during the normal activities of urban life. 6. No person shall excavate or fill land or construct, demolish or carry on construction of any type which involves hammering, sawing or the use of any of any machine or tool or equipment capable of creating a sound which may be heard beyond the boundaries of the site on which activity is being carried out between 10:00 p.m. and 7:00 a.m. Monday to Friday and between 10:00 p.m. and 9:00 a.m. Saturday, Sunday and holidays. The above restrictions do not apply to agricultural and residential zoned land unless the sound is clearly audible or is being performed for public improvements and work on public service facilities and utilities. 7. No person shall make or continue, or cause or permit to be made or continued any sound which: - (1) is such that it does or is likely to annoy, inconvenience or disturb persons. - (2) causes loss of enjoyment of the normal use of property. - (3) interferes with the normal conduct of business. - (4) may cause damage to property. 9. No person shall emit or cause the emission of a sound resulting from the following acts and which sound is clearly audible: - (1) The operation of any combustion engine without an effective muffling device in good working order and in constant operation. - (2) The operation of a vehicle or a vehicle with a trailer resulting in banging, clanking, or other like sounds due to improperly secured load or equipment. 15. (a) the vehicle is in an enclosed structure constructed so as to prevent excessive noise emissions. - 3) The operation of an engine or motor in, or on any motor vehicle or trailer or item of attached auxiliary equipment for a continuous period exceeding five minutes while such vehicle or equipment is stationary in a residential area unless: 17. (b) the original equipment manufacturer specifically recommends a longer idling period for normal and efficient operation of the motor vehicle in which case such recommended period shall not be exceeded or 18. (d) weather conditions justify the use of heating or refrigeration systems powered by the motor or engine for the safety and welfare of the operator, passengers or animals, or the preservation of perishable cargo; or 19. (C) operation of such engine or motor is essential to a basic function of the vehicle or equipment, including but not limited to, the operation of ready-mixed concrete trucks, lift platforms or refuse compactors and heat exchange systems or 20. (e) prevailing low temperature makes longer idling periods necessary immediately after starting the motor or engine or 21. (g) the above section shall not apply to buses operated for the transportation of persons while standing in established bus turn around, terminals, parking lots or other specified locations. 22. (f) the idling is for the purpose of cleaning and flushing the radiator and associated circulation system for the seasonal change of antifreeze, cleaning of the fuel system, carburetor or the like, when such work is performed other than for profit. - (4) The operation of a motor vehicle horn or other devices except to directly avoid an accident or where required or authorized by law. - (5) The operation of any item of construction equipment in a residential zone without effective muffling devices in good working order and in constant operation. ## NOISE LEVELS 10. What is a noise of a level to interfere with the comfort or the repose of any person or persons so as to justify a prosecution under this Bylaw is a question of fact for the Summary Conviction Court that hears the charge. 11. In the absence of other evidence, or by way of corroboration of other evidence the Summary Conviction Court may infer from the evidence of a peace officer relating to the conduct of any person or persons. whether ascertained or not, that the comfort or repose of other persons within the limits of the Town was disturbed. ## BYLAW REPEALED 12. Bylaw No. 11/01 is hereby repealed. ## 13. PENALTY - (1) A person who contravenes this Bylaw is guilty of an offence and liable on summary conviction to a fine of $200.00 for the first offence, and a fine of $200.00 for a second and each subsequent offence; and in default of payment to imprisonment for not less than thirty (30) days or more than ninety (90) days. - (2) A violator of this bylaw, upon being served with a summons as prescribed by The Summary Offences Procedure Act, 1990, may during the regular office hours, voluntarily pay the penalty at the municipal office, and upon payment as so provided, that person shall not be liable to prosecution of the offence. ## EFFECTIVE DATE 14. This bylaw shall come into force and take effect, from, and after the date of the final passing thereof. Read a first time this 14t day of July, 2014. Read a second time this 14th day of July, 2014. Read a third time this 14th day of July, 2014. Certified to be a true copy of Bylaw No. 10/14 adopted by resolution of the 14'h day of July 2014.