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## TOWN OF MAIDSTONE
## BYLAW 6-85
A BYLAW OF THE TOWN OF MAIDSTONE IN THE PROVINCE OF SASKATCHEWAN TO CONTROL AND REGULATE NOISE.
The Council of the Town of Maidstone, 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:
- b) "Holiday" means any holiday as defined in THE INTERPRETATION ACT or any holiday proclaimed as such by the municipality.
- a) "Municipality" means the Town of Maidstone.
- c) "Motor Vehicle" means a vehicle propelled or driven by any means other than by muscular power.
- 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 buildingcontains more than one dwelling unit, each dwelling unit, or common ared of such building and the surrounding the building within the boundaries of the lot shall be deemed to be separate premises.
- 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 of sound issues from the premises.
- f) "Residential building" means a building which is consteucted as a dwelling for human beings.
- h) "Weekday" means any day other than a holiday. GENERAL PROHIBITION
10. "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.
11. Except to the extent it is allowed by this Bylaw no
- 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 either annoys, disturbs, injures, endangers or detracts from the comfort, repose, health, peace or safety of other persons within the limit of the municipality.
3. 1) 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, of any unusual noise.
- 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
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:
3. of other persons is a question of fact for a court which hears a prosecution of an offence against this Bylaw.
- a) 11:00 o'clock in the evening and 7:00 o'clock of the next forenoon on weekdays;
5. 7:00 o'clock in the
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.
- b) 11:00 o'clock in the evening and forenoon of the following day which is a holiday.
6. No person being the owner or occupant of any premises shall operate, or permit to be operated, of 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 area in such a manner that the same can be easily heard by an individual or member of the public who is not on premises from which such noise or sound emanates.
## CONSTRUCTION NOISES
7. Except in an emergency, no person shall carry on the constructipn, erection, demolition, alteration or repair of any type of building or structure which involves hammering, sawing, drilling of the use of any machine, tools of any other equipment capable! of creating a sound beyond the boundaries of the site 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 crushery a riveting machine, o trenching machine, a drag line, an air steam compressor, a jack hammer or pneumatic drill, a tractof or bulldozer or ony other tool, device or machine of a noisy nature, so as 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 musicol 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, of by any other
audible means, on any street or other public place.
## DIESEL MOTORS
## JAKE BRAKES - RETARDANT BRAKES
10. No person shall allow the diesel motor of a tractor intended to be used for the pulling of a trailer to remain running for longer than twenty minutes while stationary in a residential district.
11. No person shall use retardant brakes so as to make excessive noise.
## EXCEPTIONS
- a) the ringing of bells in churches, religious establishments and schools
12. The provisions of this Bylaw shall not apply to:
- 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 oI at any other time
- d) the moderate playing of nusical instruments appropriate to any religious street service
- c) the playing of a band, the sounding of a steam whistle, the sounding of motor vehicles' horns of the use of sound amplification equipment used in connection with any parade
6. sounding of a general or a particular alaim or warning to announce a fire or other emergency or disaster
- g) the sounding of police whistles or the sirens on any vehicle used by the police or fire department or on any maintenance vehicle or ambulance.
- f) the sounding of a factory whistle and similar devices at normal appropriate times
- h) the use of sound amplification equipment used by the police, fire department or any ambulance service of public service
- i) transit vehicles engaged in normal transit operations
11. the use in a reasonable manner of any apparatus of for the amplification of the human voice or of music in a public park or any other commodius space in connection with any public election meeting, public celebration, or other reasonable gathering
- k) the sounding of motor vehicle horns when used within reason.
## PENALTIES
Second offence $100.00 minimum to $300.00 maximum.
13. Any person who contravenes any provision of this Bylow is guilty of an offence and is liable on summary conviction to: First offence $25.00 minimum
Passed in Council this 26th day of November, 1985.
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Chuset..
Mayor
let Lasan
(seal)
Administrator
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CERTIRED A TRUE COPY OF
BYLAW-$-85 PASSED IN
COUNCIL THIS- 26 th
DAY Cl Novemie 1985
Honna Bendig