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NOISE BYLAW
TOWN OF NAICAM
BYLAW NO. 06-2019
Pursuant to The Municipalities Act, the Council of the Town of Naicarn, in the Province of
Saskatchewan, enacts as follows:
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 Town of Naicarn 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, including this section:
a)
"Administrator" means the Administrator or Chief Administrative Officer
(CAO) of the Town of Naicarn or delegate;
b)
"Bylaw Enforcement Officer" means any person appointed by the Council or
delegated by Administration to enforce the provisions of this bylaw;
c)
"Commercial" means a private or public Premises within a commercial district
as established by the ZoningBylaw;
d)
"Council' means the Council of the Town ofNaicarn;
e)
"Dwelling" means a dwelling unit within the meaning of the Zoning Bylaw;
f)
"Emergency Vehicle" means a motor vehicle used in response to a public
catastrophe or to protect persons or property from imminent danger;
g)
"Emergency" means a public catastrophe, imminent danger or threat to
persons, property, public utilities, roadways or public facilities as may be
determined or declared by the Town or authorized persons or representative
thereof.
h)
"Engine Brake" means a device used in trucks and semi-trailer units to slow
or brake the said vehicle by means of closing the exhaust valves on the
engines of the said vehicles, or any similar device;
i)
"Holiday" means any statutory holiday as defined in The Interpretation Act,
and amendments thereto, or any holiday as recognized as such by the federal
or provincial governments or any holiday proclaimed as such by the Council
of the Town of Naicarn;
j)
"Industrial" means any Premises within an industrial district as established by
the Zoning Bylaw;
k)
"Justice" means a judge of the Provincial Court of Saskatchewan or a
presiding justice of the peace;
l)
"Motor Vehicle" means motor vehicle or motorcycle as defined in The Traffic
Safety Act;
m) "Notice" means a notice that is used to give notice that the bylaw has
been contravened;
n)
"Occupant" means a person who is the owner, resident, occupant or lessee
of the Premises or any person found on the Premises at or around the time
when the noise or sound issues from the Premises;
o)
"Premises" shall mean the area contained within the boundaries of any lot
or property and includes any building or Dwelling situated within such
boundaries.
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p)
"Residential District" means a residential districts as established by
the Zoning Bylaw;
q)
"Town" means the corporation of the Town ofNaicam in the Province of
Saskatchewan.
r)
s)
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SCOPE
"Weekday" means any day other than a Saturday, Sunday or Holiday;
"Weekend" means a Saturday or Sunday and may include a Holiday;
"Zoning Bylaw" mean The Zoning Bylaw of the Town ofNaicam.
4. This Bylaw applies to the control of all sound originating within the jurisdictional
limits of the Town of Naicam.
5. This Bylaw is intended to apply to making, or knowingly permitting to be made,
any unreasonably loud or excessive noise, disturbance or commotion in any
Dwelling, place of business or other structure, or upon any public street, park or
other place or building or Premises.
EXCEPTIONS
6. The provisions of this Bylaw are not intended to apply to:
a)
the ordinary and usual sounds and noises incidental to the occupation and use
of property and the activities of persons in the Town, when conducted in
accordance with usual standards or practices and in a manner that will not
unreasonably disturb the peace and comfort of adjacent residences or which
will not detrimentally affect the operators of adjacent places of business
b)
the regular or Emergency activities and actions of Town staff performing
maintenance functions including but not limited to snow removal are not
intended to be subject to the provisions of this Bylaw.
c)
the ringing of bells in churches, religious establishments and schools;
d)
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;
e)
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 the Town.
f)
an outdoor political rally, public protest, demonstration, religious service,
memorial service or other similar gathering.
g)
the sounding of a general or a particular alarm or warning to announce a fire or
other Emergency or disaster;
h)
the sounding of sirens or beeping on any vehicle used by the police or fire
department or on any ambulance or public service or Emergency Vehicle;
i)
any use of sound amplification equipment used by the police, fire department
or any ambulance service or public service;
j)
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;
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;
1)
the use of any equipment for the repair or maintenance of any public utilities
including the public utilities operated by a crown corporation;
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
Town of Naicam;
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.
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7. The Administrator, or Council by resolution, may exempt from the provisions of
this Bylaw the noises made by any person, firm or corporation in the lawful
operation of an Agricultural, Industrial or Commercial business or undertaking or
other business or undertaking by issuing a written permit noting specifically to
whom the exemption is made and under what conditions or limitations.
GENERAL PROIDBITION
8. No person shall make, continue, or cause to be made or continued, or suffer or
permit to be made or continued:
a)
any unreasonably loud or excessive noise;
b)
any noise which unreasonably disturbs, injures, or endangers the comfort,
repose, health, peace or safety of reasonable persons of ordinary sensitivity
within the jurisdictional limits of the Town; or
c)
any noise which is so harsh, prolonged, unnatural, or unusual in time or place
as to occasion unreasonable discomfort to any persons within the
neighbourhood from which said noises emanate, or as to unreasonably interfere
with the peace and comfort of neighbours or their guests, or operators or
customers of places of business, or as to detrimentally or adversely affect such
residences or places of business.
9. Factors for determining whether a sound is unreasonably loud or excessive include,
but are not limited to, the following:
a)
the proximity of the sound to sleeping facilities, whether residential or
Commercial;
b)
the land use, nature and zoning of the area, as per the Zoning Bylaw, from
which the sound emanates and the area where it is received or perceived;
c)
the time of day or night the sound occurs;
d)
the duration of the sound;
e)
the volume of the sound;
f)
the nature of the sound;
g)
whether the sound is recurrent, intermittent or constant; and
h)
the nature of the event or activity from which the sound emanates.
10. In the absence of other evidence, or by way of corroboration of other evidence, a
Justice may infer from the evidence of a Bylaw Enforcement Officer relating to the
conduct of a person or persons that a sound is unreasonably loud or excessive.
11. Without restricting the generality of this bylaw no person shall operate or allow to
be operated power equipment or machinery used in lawn and garden care or
property maintenance including any lawn mower, leaf blower, hedge trimmer,
power fan, edge trimmer, line trimmer, roto-tiller, snow blower, compressor,
internal combustion engine or similar equipment, or a model aircraft driven by an
internal combustion engine in any Residential District between the hours of;
a)
10:00 pm and 7:00 am on Weekdays;
b)
11:00 pm and 8:00 am on Weekends or Holidays;
12. 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 or 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 individual or member of the
public who is not on the same Premises from which such noise or sound emanates.
13. For regulations and enforcement of noise made by animals please refer to the Town
ofNaicam's Animal Control Bylaw.
CONSTRUCTION NOISES
14. Except in an Emergency, or other circumstance as may be exempted elsewhere
within this bylaw, no person or corporation or entity shall carry on the construction
erection, demolition, alteration or repair of any type of building or structure or
similar activity which involves hammering, sawing, drilling or the use of any
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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 Residential Dwelling or Premises
between the hours of:
a)
10:00 pm and 7:00 am on Weekdays;
b)
11:00 pm and 8:00 am on Weekends or Holidays;
ADVERTISING NOISES
15. 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.
MOTOR VEHICLES
16. Without limiting the generality of this bylaw, for the purpose of regulating motor
vehicle noise, the following provisions shall apply:
a)
no person shall operate a motor vehicle in such a manner that it makes,
continues, causes to be made or continues or suffers or permits to be made or
continued any unreasonably loud or excessive noise;
b)
in determining whether the noise from a motor vehicle is unreasonably loud or
excessive, a Bylaw Enforcement Officer or Justice may consider any of the
factors mentioned in Section 7;
c)
the use of an Engine Brake on any motor vehicle driven within the Town of
Naicam except in cases of Emergency is prohibited;
d)
the idling of any bus, truck or power unit or the operation of any motor,
"reefer" or similar device on a semi-trailer for more than thirty (30) minutes in
a Residential district.
INVESTIGATION PERMITTED
17. The operator of any motor vehicle shall, upon the request of a bylaw enforcement,
peace or police officer, take the motor vehicle to any site designated by the
aforementioned officer and have the motor vehicle tested for sound.
18. A bylaw enforcement, peace or police officer may enter onto a property or premises
for the purpose of investigation of a complaint or issuing of a Notice.
FAILURE TO COMPLY WITH THE REQUEST OF AN OFFICER
19. It shall be an offence for the operator of any motor vehicle to refuse to take the
motor vehicle to any site designated by a bylaw enforcement, peace or police
officer and have the motor vehicle tested for sound when requested by the officer.
20. It shall be offence for any person to interfere with a bylaw enforcement, peace or
police officer in the pursuit of their duties and enforcement under this bylaw.
PENALTIES
21. Except as provided for elsewhere in this bylaw, any person who contravenes any
provision of this Bylaw is guilty of an offence on each occurrence and is liable on
summary conviction:
a)
In the case of an individual to a fine not less than:
D $200 for a first offence;
ii.) $500 for each subsequent offence; and
in) $1,000 in the case of a continuing offence to a further fine of $1000 for each
day the offence continues.
b)
In the case of a corporation or business, to a fine not less than:
9 $500 for a first offence;
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il) $800 for each subsequent offence; and
in) $2,000 in the case of a continuing offence to a further fine of $2,000 for
each day the offence continues.
22. In default of payment of a fine imposed under either Section 21, the individual
convicted may be imprisoned for a term of not more than three months.
23. Notwithstanding Section 22 in the case of a person, individual, corporation or
business who contravenes a provision of this Bylaw for the first time, a Bylaw
Enforcement Officer may issue a Notice of Violation.
a)
The Notice of Violation shall provide that, if the person makes a voluntary
payment to the Town of the sum of:
~ $100.00 in the case of an individual; or
il) $250.00 in the case of a business or corporation;
within 14 calendar days of the date of the Notice of violation, the person shall
not be prosecuted for the contravention.
24. The fine may be paid:
a)
in person, during regular office hours at the Town Office in Naicam,
Saskatchewan;
b)
by deposit, in the depository slot located at the main entrance to Town Office
in Naicam, Saskatchewan; or
c)
by mail addressed to own of Naicam, Box 238, Naicam, SK SOK 2Z0
d)
by other payment methods accepted at the time by the Town.
25. Notwithstanding Section 23, if it is, in the opinion of a bylaw enforcement 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 Bylaw
Enforcement Officer may issue a summons that requires the person to appear before
a Justice without the alternative of paying the specified amount voluntarily to avoid
prosecution.
26. The prosecutor may, on or before the court appearance date, permit the violator to
pay the specified amount to avoid prosecution.
27. A Bylaw Enforcement Officer or Administrator may issue a Notice of violation
either in person, or via registered mail. The Notice is considered to have been
received within five (5) days of the date of mailing.
SURVIVABILITY
28. A determination of invalidity or unconstitutionality by a court of competent
jurisdiction of any provision of this Bylaw shall not affect the validity of the
remaining parts of this Bylaw.
BYLAWS REPEALED
29. Bylaws No. 13-86 and 11/95 are repealed.
COMING INTO FORCE
30. This Bylaw shall come into force and take effect when adopted by Council.
Read a thi:~
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,), day of October,-~-0-19_.
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MAYOR
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ADMINISTRA~
Certified a true copy of Bylaw 2019-006
Passed by the Town of Naicam Council on October 8, 2019
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