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CITY OF PRINCE ALBERT
BYLAW NO. 1 OF 2016
A Bylaw of The City of Prince Albert to prohibit certain
activities which give rise to objectionable and
unnecessary noise and sounds within the corporate
limits of the City.
WHEREAS the Council of The City of Prince Albert deems it expedient
that regulations be made restricting and abating activities which give rise to
objectionable and unnecessary noise and sounds within the City as provided under The
Cities Act; and
NOW THEREFORE THE COUNCIL OF THE CITY OF PRINCE ALBERT
IN OPEN MEETING ASSEMBLED ENACTS AS FOLLOWS:
1.
This Bylaw may be cited as "The Noise Bylaw".
DEFINITIONS
2.
In this Bylaw:
(a)
"City" means the corporation of the City of Prince Albert or the area
contained within the boundaries of the City of Prince Albert, as the context
requires;
(b)
"Council" means the Council of the City of Prince Albert;
(c)
"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 Prince Albert;
(d)
"Motor vehicle" means any vehicle propelled by any power other than
muscular power except motorcycles, aircraft or a motor vehicle that runs
only upon rails;
(e)
"Motorcycle" means a vehicle that is propelled or driven by any means
other than by muscular power, has two or three wheels, is designed for
use on a highway, and does not have a cab for the driver;
(f)
"Night" shall mean the period commencing at 2300 hours and ending at
0700 hours of the following calendar day;
BYLAW NO. 1 OF 2016
(g)
"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;
(h)
"Person" includes a corporation, partnership, association or society;
(i)
"Premises" shall mean the area contained within the boundaries of any lot
and includes any building situate 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 a separate premises;
U)
"Public property" means any highway, parkland, public bridge, road, lane,
footway, square, court, alley or passage, whether a thoroughfare or not;
and includes any open space to which the public have or are permitted to
have access, whether on pavement or otherwise, that is owned by the City
of Prince Albert;
(k)
"Residential district" means a district defined as such in the Zoning Bylaw
enacted by the Council of the City of Prince Albert and amendments
thereto;
(I)
"Semi-trailer" means a vehicle that is at any time drawn on a highway by
motor vehicle and that is designed for the conveyance of goods or as
living quarters for persons and so that its weight and the weight of its load
is carried partly on its own axles and partly on another vehicle;
(m)
"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;
(n)
"Truck" means a motor vehicle that is designed for the conveyance of
goods, equipped with a lifting device; or on which any machinery is
permanently mounted;
(o)
"Weekday" means any day other than a Sunday or holiday.
GENERAL PROHIBITION
3.
Except as may be authorized under this Bylaw:
(a) No person shall make, cause or permit any noise or sound on private or
public property that unreasonable disturbs, or is likely to disturb the quiet,
peace, rest, enjoyment, comfort or convenience of persons in the
neighbourhood or vicinity.
(b) No person owning or controlling premises shall permit the use and occupation
of those premises in a way that makes or causes any noise or sound that
unreasonably disturbs or is likely to disturb the quiet, peace, rest, enjoyment,
comfort or convenience of persons in the neighbourhood or vicinity.
BYLAW NO.1 OF 2016
4.
In determining whether a noise or sound unreasonably disturbs or is likely to
disturb the quiet, peace, rest, enjoyment, comfort or convenience of persons in
the neighbourhood or vicinity, consideration may be given but is not limited to
the:
(a)
type, volume and duration of the sound;
(b)
time of day and day of the week;
(c)
nature and use of the surrounding area; and
(d)
the nature of the activity of person being disturbed.
DOMESTIC NOISES
5.
Without restricting the generality of Section 3, no person shall operate or allow to
be operated a lawn mower or leaf blower 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 off 11:00 o'clock in the
evening and 7:00 o'clock of the next forenoon on weekdays, Sundays and
holidays.
6.
No person being the owner or occupant of any premises shall cause, allow, or
permit the sounds of a howling, wailing or barking dog or the caterwauling of a
cat or the cry of an animal or bird which can be heard by a person not on the
same premises and which unreasonably disturbs or is likely to disturb the quiet,
peace, rest, enjoyment, comfort or convenience of that person.
7.
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 promotion or amplification of sound, either in or on private or public
property in a location within or the immediate proximity of 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, and which unreasonably disturbs or is likely to disturb the quiet,
peace, rest, enjoyment, comfort or convenience of that person.
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, device 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 on weekdays, Sundays and
holidays.
BYLAW N0.1 OF 2016
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.
DIESEL MOTORS
10.
No person shall allow the diesel 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.
11.
Except as provided under Section 1 0 hereof, no person shall allow the diesel
motor of any motor vehicle to remain running for longer than 20 minutes while the
motor vehicle, is stationary in a residential district.
EXEMPTIONS
12.
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 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
provision 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;
BYLAW NO. 1 OF 2016
(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 meeting, public
celebration or other reasonable gathering;
(j)
transit vehicles engaged in normal transit operations by or on behalf of the
City of Prince Albert;
(k)
the use of any tractors, trucks, or other equipment used in the repair of
streets or the repair and maintenance of any municipal works or utilities by
or on behalf of the City of Prince Albert;
(I)
the use of equipment for cleaning or clearing streets including street
sweepers and equipment for snow removal, snow clearing or sanding
streets by or on behalf of the City of Prince Albert;
(m)
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 Corporation, and Saskatchewan
Telecommunications;
(n)
the aeronautical related activities of the Prince Albert Airport Authority;
(o)
the activities of the Prince Albert Exhibition Association during the period
of the annual exhibition.
GENERAL REGULATIONS
13.
Notwithstanding any other provision of this Bylaw:
(a)
A person may perform works of an emergency nature for the preservation
or protection of life, health or property but the onus shall be on the person
performing the work to show cause that the work was of an emergency
nature;
(b)
A person may apply for and receive from the City, a permit for a special
event, which in the City Council's opinion is in the public interest, in which
case the requirements of this Bylaw may be waived.
(c)
The Director of Public Works or City Manager may grant exemptions to
this Bylaw upon application in writing as it may consider to be in the public
interest.
INTERPRETATION
14.
Any exceptions or exemptions as may be provided under this Bylaw are not to be
interpreted so as to create vagueness or uncertainty as to the standard by which
noise is measured under the prohibiting sections of this Bylaw.
BYLAW NO. 1 OF 2016
OFFENCES AND PENAL TIES
15.
(1)
Any person who contravenes any provision of this Bylaw is guilty of an
offence punishable on summary conviction and liable to a fine of not more
than $2,000.
(2)
When a police officer issues a summary ticket for a violation of this Bylaw,
that police officer may enter on the ticket the amount of $300 which, if paid
within the time prescribed, will be accepted as a guilty plea to the offence.
(3)
Any person who is in default of payment of a fine imposed pursuant to this
section may be liable to a term of imprisonment not exceeding ninety (90)
days.
SEVERABILITY
16.
Each provision of this Bylaw is independent of all other provisions.
If any
provision is declared invalid by a Court of competent jurisdiction, all other
provisions of this Bylaw will remain valid and enforceable.
COMING INTO FORCE
18.
This Bylaw shall come into force and take effect on the day of its final passing.
REPEAL
19.
Bylaw No. 29 of 2015 and all of its amendments are hereby repealed.
-\\.,.
INTRODUCED AND READ A FIRST TIME THIS ~5' DAY OF ~V\UCA.(¥
, AD 2016.
READ A SECOND TIME THIS "lS~DAY OF ¢nuo..f"l
, AD 2016.
~
READ A THIRD TIME AND PASSED THIS ~S DAY OF ""'So.m>o.ttf
, AD 2016.
MAYOR
BYLAW N0.1 OF 2016