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2014-13 Noise Bylaw
Page 1
CITY OF MELFORT
BYLAW NO. 2014-13
A BYLAW OF THE CITY OF MELFORT TO PROHIBIT
CERTAIN ACTIVITIES CREATING NOISE AND TO
ABATE THE INCIDENCE OF NOISE AND TO RESTRICT
THE HOURS WHEN CERTAIN SOUNDS MAY BE MADE
The Council of the City of Melfort in the Province of Saskatchewan in open meeting hereby
enacts Bylaw No. 2014-13 in the manner hereinafter set forth:
Short Title
1.
This Bylaw may be cited as The Noise Bylaw.
Purpose
2.
This Bylaw is enacted to protect, preserve and promote the safety, health, welfare, peace
and quiet of the citizens of the City of Melfort through the reduction, control, and
prevention of loud and excessive noise, or any noise which unreasonably disturbs,
injures or endangers the comfort, repose, health, peace or safety of reasonable persons of
ordinary sensitivity.
Definitions
3.
In this Bylaw,
(a)
"City" means the corporation of the City of Melfort or the area contained within
the boundaries of the City of Melfort;
(b)
"Emergency vehicle" means a motor vehicle used in response to a public
catastrophe or to protect persons or property from imminent danger;
(c)
"Emergency work" means work made necessary to restore property to a safe
condition following a public catastrophe, work to restore public utilities, or work
required to protect persons or property from an imminent exposure to danger;
(d)
"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
City of Melfort;
(e)
"Motor vehicle" means "motor vehicle" as defined in The Traffic Safety Act;
2014-13 Noise Bylaw
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(f)
"Residential building" means a structure used for the shelter or accommodation
of persons;
(g)
"Residential district" means a district as referred to in the Zoning Bylaw enacted
by the Council of the City of Melfort and amendments thereto;
(h)
"Signalling 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;
(i)
"Weekday" means any day other than a Sunday or holiday.
General Prohibition
4.
(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 City.
(c)
The interpretation of what constitutes a loud 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 the Trial Judge hearing a
prosecution of an offence against this Bylaw.
Domestic Noises
5.
Without restricting the generality of Section 4, 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 11:00 o'clock in the evening and 7:00 o'clock of the next
forenoon.
6.
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.
7.
(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
2014-13 Noise Bylaw
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individual or member of the public who is not on the same premises from which
such noise or sound emanates.
(a)
For the purpose of this Bylaw, "premises" shall mean the area contained within
the boundaries of any lot and includes any building situation 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.
(b)
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
8.
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, devices 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 7:00 o'clock of the next forenoon.
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.
Truck Motors
10.
No person shall allow the motor on a tractor which pulls a trailer or on a semi-trailer
truck, or any other truck, to remain running for longer than 30 minutes while the tractor-
trailer, or tractor alone, or truck, 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
2014-13 Noise Bylaw
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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 in connection with
any parade authorized by Council pursuant to the provisions of The Traffic
Bylaw;
(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 police 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 tractors, trucks or other equipment by contractors for snow
removal and snow clearing on commercial property.
(k)
the use of any equipment for the repair or maintenance of any public utilities
including the public utilities operated by the Saskatchewan Power Corporation,
Saskatchewan Energy and Saskatchewan Telecommunications;
(l)
the sounds caused 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 buildings of the Melfort
Agricultural Society;
(m)
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.
12.
Council may, by resolution, exempt from the provisions of this Bylaw the noise made by
any person, firm or corporation in the lawful operation of any industrial or commercial or
any other business undertaking.
2014-13 Noise Bylaw
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Penalties
13.
Any person who contravenes any provision of this Bylaw is guilty of an offence and is
liable on summary conviction to a minimum fine of $50.00 and a maximum fine not in
excess of $500.00 or, in default of payment of the fine and costs, to imprisonment for a
period not exceeding 30 days.
14.
This Bylaw shall come into force and take effect on its final passing.
15.
Bylaw 2010-04 is hereby repealed.
Mayor
City Clerk
INTRODUCED AND READ a first time this 14th day of July, 2014.
READ a second time this 14th day of July, 2014.
READ a third time and passed this 14th day of July, 2014.
SEAL
CERTIFIED A TRUE COPY of Bylaw No. 2014-13,
adopted by Resolution of Council on the 14th day of July,
2014.
________________________________________
City Clerk