Noise Bylaw No. 2021-02 — full text

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## BYLAW NO. 2021-02 WHEREAS pursuant to s. 4(1) of The Municipalities Act, the purpose of a municipality includes the provision of good government, to develop a safe and viable community, and to foster economic social and environmental well-being, AND WHEREAS pursuant to s. 8(1) of that act, a municipality has a general power to enact bylaws in relation to the peace order and good government of the municipality, the safety, health and welfare and the protection of people and property, and nuisances, including property, activities or things that affect the amenity of a neighbourhood.. NOW THEREFORE the Council of the Rural Municipality of Aberdeen No. 373 enacts as follows: ## Short Title - 1.1 This Bylaw may be cited as the Noise Bylaw. ## Purpose - 2.1 This Bylaw is enacted to protect, preserve and promote the safety, health, welfare, peace and quiet of the citizens of the Municipality through the reduction, control, and prevention of unreasonably loud and excessive noise, and any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity. ## Scope - 3.1 This Bylaw applies to the control of all sound originating within the jurisdictional limits of the Municipality. ## 4. Definitions and Interpretation - 4.1 In this Bylaw: - (a) "Agriculture District" means an A - Agriculture District established by the Zoning Bylaw; - (b) "Agricultural Operation" means a system of tillage and/or animal husbandry through which one may gain livelihood from large areas of land by the raising of crops or the rearing of livestock as permitted under the Zoning Bylaw; - (c) "Approved Sound Meter" means a sound meter approved by Council by resolution; - (d) "Commercial/Industrial District" means a C1 - Commercial/Industrial District established by the Zoning Bylaw; - (e) "Council" means the Council of the Municipality; - "Country Residential District" means a district established by the Zoning Bylaw as: - (i) A CR1 - Low Density Country Residential District; - (ii) A CRMU - Country Residential Mixed Uses District; or - A CR2 - Medium Density Country Residential District; - (g) "Designated Officer" means the person appointed by Council by resolution for the purposes of receiving, evaluating and granting applications for Special Event Permits hereunder. - (h) "Enforcement Officer" means a police officer or police constable, peace officer, bylaw officer, or any other person appointed by resolution of Council to enforce this bylaw; - (1) "Engine Brake" means a device commonly used in a Truck, Power Unit or Semi-Trailer unit to slow or brake the vehicle by closing the exhaust valves on the engine of the vehicle, or any similar device; - (i) "Emergency" means works or activity of an urgent nature, undertaken for the preservation or protection of life, health or property. - (k) "Emergency Vehicle" means a vehicle employed by police, firefighters, paramedics and or emergency medical technicians, an ambulance service or other first responders in the discharge of their duties. - "Holiday" means Sunday, any statutory holiday, and any day declared by resolution of Council to be a holiday. - (m) "Motor Vehicle" means any vehicle propelled by power other than muscular power, including, but not being limited to a scooter, motorcycle, automobile, truck, snowmobile or Power Unit. - (n) "Municipality" means the Rural Municipality of Aberdeen No. 373; - 0) "Outdoor Public Event" shall have the meaning ascribed in subsection 8.3 hereof; - (p) "Point of Reception" the point at which a sound level is measured by an Approved Sound Meter, located as close as is practicable to a height of 1.4 meters above ground level. - (q) "Power Unit" means a power unit within the meaning of The Traffic Safety Act; - (г) "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 area of such building and the land surrounding the building within the boundaries of the lot shall be deemed separate premises; - (S) "Quiet Hours" means any time of the day occurring: - (A) On any day after 11:00 pm; - (B) On any Weekday before 7:00 am; or - (C) On any Sunday or Holiday before 9:00 am. - (t) "Semi-Trailer" means a semi-trailer within the meaning of The Traffic Safety Act; - (u) "Special Event Permit" means a permit granted under subsection 8.4 hereof; - (v) "Truck" means a truck within the meaning of The Traffic Safety Act; - (W) "Signaling Device" means a horn, gong, bell, whistle, siren or other device producing an audible sound to draw people's attention to an approaching vehicle, including a bicycle; - (x) "Weekday" means any day other than a Holiday; and - "Zoning Bylaw" means Bylaw 2009-01 as amended from time to time or any replacement thereof. - For the purposes of this bylaw, and without in any way limiting the generality of any provision contained herein, a person shall be deemed to: - (a) Cause a noise or an activity giving rise to a noise where that person is: - An owner of a business where the noise, or the activity giving rise to the noise is associated with, arises from or is incidental to the carrying out of the business enterprise; - (ii) The owner of a vehicle creating noise; and - (iii) The organizer of any event conducted with a view to a profit (whether or not a profit actually occurs) at which any person shall create a noise or undertake an activity giving rise to a noise incidental to or in furtherance of the hosting or operation of such event; - (b) Suffer and/or permit any noise to be caused, or any activity giving rise to a noise to be carried on, where that person is any or all of the following: - (i) A registered owner of the Premises upon which the noise originates; - (ii) A tenant of the Premises upon which the noise originates; - (ili) The employer and/or supervisor of any person creating a noise or undertaking an activity giving rise to a noise; or - (iv) The organizer of any not-for-profit event at which any person shall create a noise or undertake an activity giving rise to a noise. ## 5. General Prohibition - 5.1 Except as otherwise permitted under this bylaw, 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 is likely to unreasonably annoy, disturb, injure, or endanger, or distract from, the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity; and likely to unreasonably annoy, disturb, injure, or endanger, or distract from, the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity, where those persons are located or may be located in Premises other than those from which the noise originates.; or - (c) Any noise which is so harsh, prolonged, unnatural or unusual so as to cause unreasonable discomfort to, unreasonably interfere with the peace and comfort of, or detrimentally or adversely affects Premises (and the people therein) other than those Premises from which the noise, including residences and/or places of business. - 5.2 In determining whether a sound is unreasonably loud or excessive, considerations shall include, but are not limited to, the following: - (a) The land use, nature and zoning of the Premises from which the sound emanates and the Premises where it is received or perceived; - (b) The proximity of the sound to Premises used for sleeping, whether residential, commercial or industrial; - (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. ## Specific Prohibitions - 6.1 Specific Prohibitions Do Not Derogate: The following specific prohibitions do not in any way restrict or derogate from the General Prohibition contained in Section 5 hereof. - 6.2 Domestic Noise: No person shall - (a) Operate, or suffer or permit to be operated, during Quiet Hours: - A tractor, lawn mower, leaf blower, tiller, chain saw, mulcher, snow clearing device, or other similar yard or garden equipment, which is powered by an engine of any type; - (ii) A model aircraft, model vehicle, or other similar toy or recreational device driven by an internal combustion engine; and - (iii) Vehicle mounted carpet cleaning, duct cleaning, or similar equipment; that may be heard in any residence. - (b) Cause, allow, suffer or permit the sound of howling, wailing or barking of a dog or the caterwauling of a cat or the cry of an animal or bird, any of which can be heard by a person not on the same Premises from which such noise or sound emanates and which unreasonably disturbs or is likely to unreasonably disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person affected or possibly affected thereby. - (c) Cause, allow, suffer or permit or operate, play or allow to be played, any radio, phonograph, record player, tape recorder, television set, musical instrument, speaker, stereo or any other apparatus, appliance, device, electronic or machine used for the promotion or amplification of sound, either in or on private or public property in such a manner that the same can be heard by persons who are not on the same Premises from which such noise or sound emanates, and which unreasonably disturbs or is likely to unreasonably disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person affected or possibly affected thereby. - 6.3 Discharge of Firearms: Except where carrying a hunting license and engaged in hunting within season, no person shall discharge a firearm during the following hours except for cases of emergency. - (1) 9:01 PM to 8:59 AM Monday Through Saturday - (2) 6:01 PM to 9:59 AM on Sunday - 6.4 Construction Noise: Except in the case of a an Emergency, no person shall carry on, or suffer or permit the construction, erection, demolition, alteration or repair of any building or structure which involves hammering, sawing, drilling or using any machine, tools or any other equipment; or to 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 jackhammer or pneumatic drill, a tractor or bulldozer or any other tools, device or machine: so as to create a noise or sound which: - (a) May be heard in any residence during Quiet Hours; or - (b) Regardless of the time or day, unreasonably disturbs or is likely to unreasonably disturb the quiet, peace, rest, enjoyment, comfort or convenience of persons located in Premises other than that from which the noise emanates. - 6.5 Advertising Noise: No person shall advertise any event or merchandise by ringing bells, blowing whistles, calling loudly, playing music, playing any musical instrument, playing or using any noise-making instrument, by the use loudspeakers 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 noise or sound therefrom shall be or is audible to persons using or frequenting any street or other public place or any other Premises. Notwithstanding the foregoing, and subject to the General Prohibition set out in section 5, a mobile vendor of food products may, outside of Quiet Hours, and while moving (and for a period of no longer than may be required to stop and service customers) play music or ring a handbell to announce its arrival and/or proximity. - 6.6 Vehicle Noise: No person shall: - (a) Cause, suffer or permit: - (i) The idling of any Truck or Power Unit or the operation of any motor, refrigeration unit or similar device on a Semi-Trailer for more than twenty (20) minutes within, or within 200 metres of the boundaries of a Country Residential District; - (ii) The use of an Engine Brake on any Motor Vehicle driven within the Municipality, except in case of an Emergency; or - (b) The use of a signalling device except on an Emergency Vehicle; employed by those persons referenced in subsection 8.1(g); and - (c) The use of an air horn on any Motor Vehicle within the Municipality, except in cases of Emergency. ## 7. Exemptions - 7.1 General Exemptions: 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; - (c) The playing of musical instruments, the sounding of a steam whistle, the sounding of horns or the use of sound amplification equipment for any parade authorized by Council; - (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) Emergency Vehicles, police, firefighters, paramedics, emergency medical technicians, ambulance attendants and other first responders (while acting as such) and equipment and other vehicles used by any of the foregoing in the discharge of their duties (including training exercises); - (h) Work carried on by the Municipality or its agents, contractors, servants or employees, acting within the scope of their agency, contract, or employment, as the case may be; - Sound emanating from any public work owned or operated by the Municipality; - (i) The use of any equipment for the repair or maintenance of any public utilities including, but not being limited to the public utilities operated by the Saskatchewan Power Corporation, Saskatchewan Energy Corporation Telecommunications; - Agricultural Exemption: The provisions of this bylaw shall not apply to noise arising from the performance of work by any person directly associated with an Agricultural Operation for the purposes of carrying on the activities normally associated with the Agricultural Operation, including the operation of tractors, equipment and farming implements, provided that such activities are carried on in accordance with normally accepted agricultural practices. - 7.3 Emergencies: If not otherwise the subject of an exemption under this bylaw, a person performing works or activities intended to prevent, control limit or otherwise relieve from an Emergency shall be exempted from the provisions of this bylaw, provided that any such person shall demonstrate that the work for such a purpose, and the noise created thereby was reasonable, having regard to all the circumstances. - 7.4 Outdoor Public Events: The provisions of this bylaw do not apply to an outdoor public event such as a political rally, public protest, demonstration, religious service, civic ceremony or act of remembrance or other similar gathering, whether held on private or public land, provided that: - (a) Except in the case of a religious service held on church premises, no such event shall occur within or immediately adjacent to residential properties during Quiet Hours; and - (b) No person may operate or suffer or permit the operation of any device that produces, reproduces or amplifies sound at an Outdoor Public Event where: - (i) any noise created causes or is likely to cause interference with or distraction from any instruction or other activities carried on in or at a school; or - (il) The operation of such equipment occurs: - (A) On a Weekday, before 9:00 am; - (B) On a Monday, Tuesday, Wednesday or Thursday, after 9:00 pm; - (C) On a Friday or Saturday, after 10:00 p.m.; and - (D) On a Holiday, before 1:00 pm or after 6:00 pm. ## 7.5 Special Event Permits: - (a) Any person may apply to the Designated Officer for an exemption from any provision of this bylaw with respect to any noise to allow such person to emit, cause or permit such noise for the period of time set out in such application. - (b) Every person applying for an exemption shall, at least 45 days prior to the date for which the exemption is sought (or in the case of an application for several days, the first such date), provide to the Designated Officer a complete and accurate application in the form appended as Schedule "A", setting out full particulars of exemption requested - (c) Upon receipt of an application, the Designated Officer shall evaluate the application having due regard to the following criteria: - (i) The prohibitions set forth in this bylaw, and the degree to which any noise may cause noise which would be otherwise prohibited hereunder, and the nature of the noise likely to be associated with the activity or event; - (A) The nature of the activity or event, including but not being limited to: - (B) Whether the activity or event is for the benefit of the public or in the public interest; - (C) Whether the activity or event is related to a significant event for the applicant or the applicant's family such as a wedding, or significant anniversary; - (D) The date or dates of the activity or event and the associated day of the week; and - (E) The times of operation; - (ii) The general noise mitigation measures proposed by the applicant; - (iii) The efforts made by the applicant to inform residents and businesses likely to be affected by the noise of the application, and to obtain and accommodate their questions and concerns prior to the submission of the application; - (iv) The arrangements proposed by the applicant to monitor noise during the event and to mitigate noise and its effects during the event and activity; - (v) The number of previous exemptions granted to the applicant; and - Whether any previous exemptions granted to the applicant, or granted in relation to the proposed location, activity or event have given rise to complication or negative outcomes. - (d) Where the Designated Officer is of the opinion that: - (i) It is not reasonable or appropriate to grant the application, the Designated Officer shall deny the application; - (i) It is reasonable or appropriate to grant part but not all of an application, or to impose conditions upon a permit, the Designated Officer may grant that portion of the application which he or she considers to be appropriate; - (iii) It is appropriate and reasonable to grant the application, the Designated Officer shall grant the application; - The matter is one which is more appropriately dealt with by Council; refer the matter to the next Council meeting for a determination together with a report summarizing the evaluation. Council shall thereafter, with due regard to the criteria set forth in subsection 8.3, deny the exemption, or grant the exemption in whole or in part. - (e) The Designated Officer or Council, as the case may be, may impose terms and conditions upon any exemption. - (f) The grant or denial of a permit, and the imposition of terms and conditions by the Designated Officer or by Council, is wholly discretionary and is not subject to review or appeal. - (g) Where an exemption is granted, the Designated Officer shall issue a Special Event Permit setting forth the details and the terms and conditions of the exemption, in such form as the Administrator shall adopt from time to time. - (h) Where an exemption is granted, the Special Event Permit shall render any and all provisions of this Bylaw referenced therein inapplicable and shall, except where the permit is rendered null and void, exempt all person or persons organizing and attending the special event from prosecution under this Bylaw for breach of the specified provisions. - The breach of any terms or conditions imposed on any exemption granted, and referenced in the Special Event Permit shall render the exemption null and void. - 7.6 Duty to Mitigate Upon Direction: Where a person or an activity is otherwise exempt from the provisions of this bylaw: - An Enforcement Officer may nevertheless direct any such person or person in charge of any such activity to take such reasonable steps as the Enforcement Officer may specify (either verbally or in writing) to abate or eliminate noise; and - (b) Any such person or person in charge of such activity shall comply with the direction given by the Enforcement Officer within a reasonable time, having due regard to all the circumstances. ## Evidentiary Matters - 8.1 Sound levels shall be measured by way of an Approved Sound Meter and the testimony of an Enforcement Officer respecting the location at which sound levels were measured, and the sound levels observed and recorded on an Approved Sound Meter, shall constitute prima facie proof of those matters; - Regardless of the availability of or absence of other evidence, or by way of corroboration of other evidence, a justice, judge or court may infer from the evidence of an Enforcement Officer relating to a noise and/or the conduct of persons, including, but not being limited to evidence concerning the factors referenced in subsection 5.2 hereof that a noise is: - (a) Unreasonably loud or excessive; - (b) Likely to unreasonably annoy, disturb, injure, or endanger, or distract from, the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivitv: and likely to unreasonably annoy, disturb, injure, or endanger, or distract from, the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity, where those persons are located or may be located in Premises other than those from - (c) So harsh, prolonged, unnatural or unusual so as to cause unreasonable discomfort to, unreasonably interfere with the peace and comfort of, or detrimentally or adversely affect Premises (and persons located therein) other than that from which the noise originates, including residences and/or places of business. ## Offences and Prosecution - 9.1 Every person who contravenes any provision of this Bylaw is guilty of an offence and is liable on summary conviction to: - (a) In the case of an individual, to a fine: - (i) For a first offence not less than $100.00 and not to exceed $250.00; - (Il) For a second offence, not less than $250.00 and not to exceed $500.00; and - (ili) For a third and subsequent offence, not less than $500.00 and not to exceed $5,000.00, and in the case of a continuing offence, to a further fine of not more than $5,000.00 for each day during which the offence continues. - (b) In the case of corporation, to a fine: - (i) For a first offence not less than $250.00 and not to exceed $500.00; - (ii) For a second offence, not less than $500.00 and not to exceed $1,000.00; and - (ili) For a third and subsequent offence, not less than $1,000.00 and not to exceed $10,000.00, and in the case of a continuing offence, to a further fine of not more than $10,000.00 for each day during which the offence continues. - (c) In default of payment of a fine imposed hereunder, an individual convicted may be imprisoned for a term not to exceed one year. - 9.2 Notwithstanding subsection 10.1 above, in the case of a person who contravenes this bylaw for a first time, an Enforcement Officer may issue a notice of violation to that person. - 9.3 Where a notice of violation is issued, that notice shall provide that if the person pays the Municipality the sum: - (a) In the case of an individual, the sum of $100.00; and - (b) In the case of a corporation, the sum of $250.00; within 14 calendar days of the date of the notice of violation, the person shall not be prosecuted for the contravention. - 9.4 A voluntary payment pursuant to subsection 10.3 may be paid in person, during regular office hours at the offices of the Municipality, or by mail addressed to the Municipal Office at the mailing address established therefor from time to time. - 9.5 Notwithstanding subsection 10.3 if, in the opinion of the Enforcement Officer, it is in the public interest to compel a person who has contravened this Bylaw for the first time to appear in court, the Enforcement Officer may issue a summons requiring such appearance without giving the alternative of paying the specified amount to avoid prosecution. ## 10. Schedule Forms Part of Bylaw - 10.1 Schedule "A" attached hereto forms part of this Bylaw. ## 11. Severability - 11.1 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. ## 12. Repeal - 12.1 Bylaw No. 2002-06 and all amendments thereto are repealed effective on the coming into force of this Bylaw ## 13. Bylaw Comes Into Force - 13.1 This bylaw comes into force upon third reading    05 10 ABERDEEN SASKATCHE ! Binky Reeve Subsection 285 The Municipalities Act Read a third time and adopted this 15th day of April, 2021 Administrator BYLAW ## RURAL MUNICIPALITY OF ABERDEEN NOISE BYLAW ## SPECIAL EVENT PERMIT APPLICATION The undersigned hereby requests the Designated Officer of the Rural Municipality of Aberdeen No. 373 to consider this application for an exemption from certain provisions contained within the Noise Bylaw. The undersigned certifies the information contained herein, on which this application is based, to be true and the owner is aware of this exemption request. - Applicant: - (a) Name of Applicant: - (b) Address: - (c) Postal Code: - Home Phone: - (e) Mobile Phone: - (f) Email: 4. Name of Owner of Premises: 6. Anticipated Event Attendance: - Date (s) for which an exemption is being sought: - Land Location or Civic Address for Event: - Type of Event: - (a) Expected Number: - (b) Estimated Age Range: - (c) Expected Percentage of Local Attendees: - Description of noise anticipated and the source(s) of the noise: (add pages to application if required) 8. Time of Day noise anticipated: 9. Alcohol to be Served: - [ ] (a) Yes If yes: hours of service: - [ ] (b) No - (c) 10. Steps to be taken to mitigate or control noise: 11. Security Arrangements: (add pages to application if required) 12. Person in charge during event: - (a) Name: - (b) Mobile Phone Number: - (C) Email: 13. The names, addresses and phone numbers of nearby residents and businesses which may be affected, and a summary of their questions and comments shall be attachec to this Application Form Signature of Applicant: \_ Date: Applications must be received at least 30 days prior to the proposed date of the event. ## For Use by Designated Officer - [ ] Denied - [ ] Approved - [ ] Approved with Conditions Conditions: