This is the exact embedded text of the captured official document.
Snapshot 27b780fcf52b · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Page 1 of 7
CITY OF MELVILLE
BYLAW NO. 03/2008
A BYLAW OF THE CITY OF MELVILLE TO PROHIBIT CERTAIN ACTIVITIES
CREATING NOISE AND TO ABATE THE INCIDENCE OF NOISE AND TO RESTRICT
THE HOURS WHEN CERTAIN SOUNDS MAY BE MADE
- INCLUDING AMENDMENTS FROM BYLAW NO. 21/2020
NOW THEREFORE the Council of the City of Melville in open meeting assembled
enacts as follows:
1.
This Bylaw may be cited as The Noise Bylaw.
2.
In this Bylaw, including this section:
(a)
City means the corporation of the City of Melville or the area contained
within the boundaries of the City of Melville, as the context requires;
(b)
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 Melville;
(c)
Motor Vehicle means motor vehicle as defined in the Vehicles Act of
Saskatchewan.
(d)
Residential building means a building which is constructed as a dwelling
for human beings;
(e)
Residential district means a district defined as such in the Zoning Bylaw
enacted by the Council of the City of Melville and amendments thereto;
(f)
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;
(g)
Weekday means any day other than a Sunday or holiday.
CITY OF MELVILLE
BYLAW NO. 03/2008
Page 2 of 7
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 City.
(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 rot tilling machine of any kind, or any other machine or
device of a 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, harbours or allows to stay in his premises
a dog shall allow such dog to bark excessively or howl 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.
CITY OF MELVILLE
BYLAW NO. 03/2008
Page 3 of 7
(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.
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 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 therefore shall be or is audible to persons using
or frequenting any street or other public place.
CITY OF MELVILLE
BYLAW NO. 03/2008
Page 4 of 7
TRUCK MOTORS
9.
No person shall allow the motor of a tractor which pulls a trailer or of 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
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 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 factory whistle and 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 public 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
CITY OF MELVILLE
BYLAW NO. 03/2008
Page 5 of 7
meeting, public celebration or other reasonable gathering;
(j) transit vehicles and railway trains engaged in normal transit
operations;
(k) 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;
(l) 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;
(m) 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 City of Melville;
(n) 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.
(o) the use of any equipment or the sounds caused for the
purpose of snow clearing for the schools, hospital,
commercial, or industrial properties.
11.
Council may, be 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
CITY OF MELVILLE
BYLAW NO. 03/2008
Page 6 of 7
(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 City 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 cashier
located at City Hall, Melville, Saskatchewan;
(ii)
by deposit, at the depository located inside the main
entrance to City Hall, Melville, Saskatchewan; or
(iii)
by mail addressed to the City of Melville, Box 1240,
Melville, Saskatchewan, S0A 2P0.
(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
CITY OF MELVILLE
BYLAW NO. 03/2008
Page 7 of 7
specified amount to avoid prosecution.
(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. 10/82 is repealed.
14.
This Bylaw shall come into force and take effect on, from and after the final
passing thereof.
INTRODUCED and READ a First time this 5th day of May, 2008.
READ a Second time this 5th day of May, 2008.
READ a Third time and PASSED this 5th day of May, 2008.
Mayor
City Manager