Rural Municipality of Blucher No. 343, Saskatchewan
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8-2000
A BYLAW TO REGULATE NOISE WITHIN THE LIMITS OF
SUNSET ESTATES.
WHEREAS, under the provisions of Section 215, subsection 1(f) of the Rural
Municipality Act, the Rural Municipality of Blucher, #343 is empowered to
enact a bylaw to prohibit, eliminate or abate the making or causing of noises
in any area of the Municipality.
NOW THEREFORE, The Council of the Rural Municipality of Blucher,
#343, in the Province of Saskatchewan hereby enacts as follows:
1.
This bylaw may be cited as the "Sunset Estates Noise Control
Bylaw".
2.
DEFINITIONS
1 (a)
Words defined in The Highways Transportation Act, Chapter
h-3.1 of the Revised Statutes of Saskatchewan 1986 and the Rural
Municipality Act, shall have the same meaning when used in this
bylaw unless defined in the bylaw or unless the context otherwise
requires.
1 (b)
In this bylaw unless the context otherwise requires:
i.
"Inspector" means any person or persons appointed
from time to time by the Municipality of Blucher
#343 to enforce and administer the bylaw;
ii.
"limits of Sunset Estates" shall mean all that property
legally described as LSD 11, 14 Section 32,
Township 36, Range 3, West of the Third Meridian;
iii.
"Noise" includes, without limiting the generality of
the word, any clamour, loud outcry, screaming,
shouting, yelling or swearing or any other sound or
sounds being either naturally or electronically
produced which are loud, harsh, undesirable or
disagreeable;
iv.
"Peace Officer" shall have the same meaning as the
Summary Offences Procedures Act being Chapter
S-63, revised Statutes of Saskatchewan 1978, plus
the person or persons who are appointed to enforce
and administer this bylaw;
v.
"Person" includes any company, corporation, firm,
association, partnership, society, individual or party;
vi.
"Property" means real property, together with all
improvements, which have been affixed or brought
on to land within the limits of Sunset Estates.
3.
GENERAL REGULATIONS
1.
Except to the extent it is allowed by the Bylaw, no person
shall make, or continue to make; or allow to be made or
continue to allow to be made; any noise whatsoever which
annoys, disturbs, injures, endangers, or detracts from the
peace, comfort, repose, quiet, health, rest, tranquility or safety
of any other person within the limits of Sunset Estates.
4.
DOMESTIC NOISES
1.
No person shall operate or allow to be operated a lawn
mower of any kind, or a snow clearing devise powered by an
engine of any type, or any other vehicle or toy driven by an
internal combustion engine, within the limits of Sunset
Estates, between the hours of:
A.
10:00 o'clock in the evening and 7:00 o'clock of the
following morning on weekdays;
B.
10:00 o'clock in the evening and 9:00 o'clock of the
following morning, which is on a Sunday, or holiday.
2.
No person who owns, keeps, houses, harbours or allows to
stay on his premises a dog, shall allow such dog to bark or
howl loudly or excessively which by its sounds unduly
disturbs the peace, comfort, repose, quiet, health, rest,
tranquility or safety of any other person within the limits of
Sunset Estates.
3.
No person shall own, keep house, harbour or allow to stay on
his premises any animal or bird, which by its cries or sounds
unduly disturbs the peace, comfort, repose, quiet, health, rest,
tranquility or safety of any other person within the limits of
Sunset Estates.
4.
No person, being the owner or occupier of any premises,
shall operate, play, permit, suffer, or allow to be operated or
played, any radio, phonograph, record player, tape recorder,
television set, musical instrument, or any other apparatus,
appliance, devise or machine used for the production or
amplification of sound, either in or on private premises in the
limits of Sunset Estates in such a manner that the sounds
unduly disturbs the peace, comfort, repose, quiet, health, rest,
tranquility or safety of any other person within the limits of
Sunset Estates.
5.
CONSTRUCTION NOISES
1.
No person shall construct, erect, reconstruct, alter, repair or
demolish any building, structure or thing, or fill in land, in any
manner which sounds unduly disturbs the peace, comfort,
repose, quiet, health, rest, tranquility or safety of any other
person within the limits of Sunset Estates during the hours of
10:00 o'clock in the evening and 8:00 o'clock in the morning.
2.
Where it is impossible or impractical to comply with section
5.1, management of the Sunset Estates Mobile Home Park
may give written approval to carry on the work that is found
to be necessary outside the designated hours.
3.
Responsibility for obtaining written approval stated in section
5.2 lies with the person carrying on the work.
6.
EXEMPTIONS
1.
The provision of this Bylaw shall not apply to:
i.
the
ringing
of
bells
in
churches,
religious
establishments and schools;
ii.
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;
iii.
the playing of the band, the sounding of a steam
whistle, the sounding of motor vehicles horns or the
use of sound amplification equipment used in
connection with any authorized parade;
iv.
the moderate playing of musical instruments
appropriated to any religious street service;
v.
the sounding of a general or a particular alarm or
warning to announce a fire or other emergency or
disaster;
vi.
any sound amplification equipment used by the
police, fire department or any ambulance service or
public service;
vii.
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
or public celebration.
7.
PENALTIES
1.
Any person who contravenes any provisions of this bylaw, or
who suffers or permits any act or thing to be done in
contravention or in violation of any of the provisions of this
bylaw; or who neglects to do or refrains from doing anything
required to be done by any of the provisions of this bylaw; is
guilty of an offence and upon summary conviction shall be
liable to the penalties hereby imposed. Each day that a
violation continues to exist shall constitute a separate
offence.
2.
Every person who commits an offence against this bylaw is
liable to a fine and penalty of not more than Five Hundred
Dollars ($500.00) and not less than One Hundred Dollars
($100.00) for each offence, and in default of payment
thereof, to imprisonment for a period not exceeding thirty
(30) days.
SEAL
Certified a true copy of the bylaw
adopted by resolution of the Council
on the ____________ day of
___________________, 2000.
___________________________
Administrator
Reeve
Administrator