Noise Bylaw 09-26 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 9e693f1b6370 · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## NOISE BYLAW 09-26 The Council of The Rural Municipality of Corman Park No. 344 enacts as follows: ## 1. Short Title This Bylaw may be cited as The Noise Bylaw. ## 2. Purpose This Bylaw is enacted to protect, preserve and promote the safety, health, welfare, peace and quiet of the citizens of The Rural Municipality of Corman Park No. 344 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. ## 3. Definitions In this Bylaw: 2. "Enforcement Officer" means the Municipal Administrator and any other person who may be appointed in by the Municipal Administrator or by Bylaw or Resolution of Council to enforce the Bylaws of the Municipality, including without limiting the foregoing, any member of the Corman Park Police Service as appointed pursuant to a Bylaw or Resolution as amended or replaced 2. "Agricultural Operation" means a system of tillage and animal husbandry through which one may gain livelihood by the raising of crops or the rearing of livestock as established by the Zoning Bylaw; 3. "Engine Brake" means a device commonly used in a Truck, Power Unit or SemiTrailer unit to slow or brake the vehicle by means of closing the exhaust valves on the engine of the vehicle, or any similar device; 5. "Industrial District" means: 4. "Hauling" means the transportation of goods or materials by vehicle, including vehicles engaged in the delivery or removal of such goods or materials, but does not include vehicles operating empty. - a. Pursuant to the Zoning Bylaw of the Municipality: - i. Light Industrial District (M1) - ii. Heavy Industrial District (M2); anc - b. Pursuant to the Zoning Bylaw of the P4G Planning District: 10. Heavy Industrial 2 District (DM2) - i. Light Industrial 1 District (DM1); and 6. "Motor Vehicle" means a motor vehicle within the meaning of The Traffic Safety 7. "Municipal Administrator" means the Administrator/CAO appointed pursuant to s. 110 of The Municipalities Act; 9. "Outdoor Public Event" means an outdoor concert, sporting event, festival, attraction or similar event, whether held on private or public property, to which the public-at-large is invited or admitted, with or without charge; 15. "Municipality" means The Rural Municipality of Corman Park No. 344; 10. "Power Unit" means a power unit within the meaning of The Traffic Safety Act; - a. Pursuant to the Zoning Bylaw of the Municipality: 11. "Residential District" means: - i. An Agricultural Residential 1 District (AR1);  - i. An Agricultural Residential 2 District (AR2); - ili. A Country Residential 1 District (CR1); 3. її. An Agricultural Residential 3 District; (AR3); - IV. A Country Residential 3 District (CR3); - b. Pursuant to the Zoning Bylaw of the P4G Planning District: - V. A Country Residential 4 District (CR4); and - i. An Agricultural Residential 1 District (DAR1) - ii. A Country Residential 1 District (DCR1); - ili. A Country Residential 2 District (DCR2); 10. A Multi-Unit Country Residential 4 District (DCR4); - iv. A Country Residential 3 District (DCR3); 12. "Semi-Trailer" means a semi-trailer within the meaning of The Traffic Safety Act; 14. "Zoning Bylaw" means whichever of the: 13. "Truck" means a truck within the meaning of The Traffic Safety Act; 15. Zoning Bylaw of the Municipality; or 16. Zoning Bylaw of the P4G Planning District as shall be applicable to the location at which a sound shall originate within the Municipality and shall include all amendments and replacements thereof. ## 4. Scope This Bylaw applies to the control of all sound originating within the jurisdictional limits of the Municipality. ## 5. General Prohibition 1. 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; or - b. any noise which is likely to unreasonably disturb, injure or endanger the comfort, repose, health, peace or safety of reasonable persons in the vicinity. 2. Factors for determining whether a sound is unreasonably loud or excessive include, but are not limited to, the following: - b. the land use, nature and zoning of the area from which the sound emanates and the area where it is received or perceived; - a. the proximity of the sound to sleeping facilities, whether residential or commercial; - 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; - h. the nature of the event or activity from which the sound emanates. - g. whether the sound is recurrent, intermittent or constant; and 3. In the absence of other evidence, or by way of corroboration of other evidence, a justice or court may infer from the evidence of an Enforcement Officer relating to a noise, including, but not being limited to evidence concerning the factors referenced in subsection 5(2) hereof that a noise is: - b. Likely to unreasonably disturb, injure or endanger the comfort, repose, health, peace or safety of reasonable persons in the vicinity - a. Unreasonably loud or excessive; and/or  4. Whether or not an activity referred to in Section 9 of this Bylaw "necessarily" involves the creation of noise, and whether or not the Person controlling the said activity has taken "all the reasonable steps" to minimize such noise are questions of fact to be determined by a Court hearing a prosecution pursuant to this Bylaw. ## 6. Specific Prohibitions 1. Idling Trucks: No person shall cause or permit the idling of any Truck or Power Unit or the operation of any motor, "reefer" or similar device on a Semi-Trailer for more than twenty (20) minutes within the boundaries of a Residential District. The following acts are deemed to be violations of this Bylaw per se and are prohibited. This enumeration does not constitute an exclusive list: 2. Engine Brakes: No person shall cause or permit the use of an Engine Brake on any Motor Vehicle driven within the Municipality, except in case of emergency. 3. Air Horns: No person shall cause or permit the use of an air horn on any Motor Vehicle within the Municipality, except in cases of emergency. 4. Outdoor Public Events: No personal shall cause or permit the use or operation of a loudspeaker, amplifier, public address system radio, "boombox", "ghetto blaster", stereo, musical instrument or similar device that produces, reproduces or amplifies sound at an Outdoor Public Event, other than during the following hours: - b. on a Friday or Saturday, between the hours of 11:00 a.m. and 10:00 p.m.; - a. on a Monday, Tuesday, Wednesday or Thursday, between the hours of 11:00 a.m. and 9:00 p.m.; - c. and on a Sunday or statutory holiday, between the hours of 1:00 p.m. and 6:00 p.m. ## 7. Exemptions Sounds caused by the following are exempt from the prohibitions set out in this Bylaw, but are subject to the provisions of section 9: 1. The performance of work by any person directly associated with an Agricultural Operation for the purpose of carrying on all activities normally associated with a farming operation including the operation of farming implements; 2. 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; 3. Except as provided in subsection 7(6) of this bylaw, the performance of work by any person in an Industrial District if: - b. The work is authorized pursuant to the Zoning Bylaw, and does not otherwise contravene any federal, provincial or municipal law or regulation. - a. The noise is generated pursuant to work performed in the normal and usual manner to that end; and 4. Persons using domestic equipment including, without restricting the generality of the foregoing, lawnmowers, snow blowers, garden tillers and other landscaping equipment, and persons owning or controlling property upon which such equipment is used if: - a. The noise is of a temporary or intermittent nature;  - b. The equipment is properly maintained and operated in a normal manner for that type of equipment; and - c. The noise occurs between the hours of 7:00 a.m. and 10:00 p.m. 5. Persons using air conditioning and cooling units in either domestic or commercial use if the units are properly maintained and are operated in a normal manner. 6. Sounds caused by the permitted uses set forth in Schedule "A" are exempt from the prohibitions set forth in this Bylaw, provided that they occur during the permitted times set forth in that Schedule. Such sounds are subject to the provisions of sections 9. ## 8. Special Event Permits 1. Any person may apply to the Municipal Administrator for an exemption to 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. 2. Every person applying for an exemption shall, at least 15 business 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 Municipal Administrator a complete and accurate application in the form appended as Schedule B, setting out the particulars respecting the exemption requested. 3. Upon receipt of an application, the Municipal Administrator shall: - a. evaluate the application having due regard to the following criteria: 5. The criteria set out in subsection 5(2); - 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 (such as a 25'h, 50th or 60th wedding anniversary); - ii. The nature of the activity or event, including but not being limited to: - Whether the activity or event is for the benefit of the public or in the public interest; - The date or dates of the activity or event; - The nature of the noise likely to be associated with the activity or event; and - The times of the activity or event; - The mitigation measures proposed by the applicant. - vi. The arrangements made by the applicant to monitor noise during the event and to take steps to mitigate noise and its effects during the event and activity; - ili. 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; - vii. The number of previous exemptions granted to the applicant; and - vili. 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. - b. Where the Municipal Administrator is of the opinion that granting of an exemption is not appropriate, deny the exemption.  - C. Where the Municipal Administrator is of the opinion that granting of an exemption is appropriate, grant the exemption, or grant an alternative exemption. - d. Where the Municipal Administrator is of the opinion that the matter is one which is more appropriately dealt with by Council, refer the matter to the next Council meeting for a determination. Council shall thereafter, with due regard to the criteria set forth in subsection 3(a) above, deny the exemption, grant the exemption or grant an alternative exemption. 4. The Municipal Administrator (or Council where the determination has been referred to it by the Municipal Administrator) may impose terms and conditions upon any exemption. 5. The grant or denial of a permit, and the imposition of terms and conditions by the Municipal Administrator or by Council is wholly discretionary and is not subject to review or appeal. 6. Where an exemption is granted, the Municipal Administrator shall issue a Special Event Permit setting forth the details and the terms and conditions of the exemption, in such form as the Municipal Administrator shall adopt from time to time. 7. Where an exemption is granted by the Municipal Administrator or by resolution of Council, the exemption shall render any and all provisions of this Bylaw referenced therein inapplicable and shall, except where the permit is rendered null and void by breach, exempt the person or persons from prosecution under this Bylaw. 8. The breach of any of the terms or conditions of the exemption shall render the exemption null and void. ## 9. Duty to Mitigate 1. Where a use of land or activity otherwise lawfully permitted at a location within the Municipality necessarily involves the creation of noise, as defined by this Bylaw, the Person owning, operating, or controlling the activity; or the Person owning or controlling the property upon or within which the activity is allowed to take place shall take all reasonable steps to ensure that the noise created by the said activity is minimized as much as practicable, in all circumstances. 2. An Enforcement Officer may direct any Person who has caused or made a noise, or any Person who owns property from which noise has originated, to abate or eliminate the noise. Such a direction may be either verbal or written. ## 10. Liability of Property Owner / Person in Lawful Possession of Property 1. If a property is involved in the commission of an offence pursuant to this bylaw, the owner of the property is liable for the offence unless they can demonstrate that the property was lawfully rented or leased to another party for a term greater than 90 days. 2. If it is demonstrated that a property has been lawfully rented or leased to another party for a term greater than 90 days, the person to whom it has been rented or leased shall be deemed as the person in lawful possession of the property, and is liable to an offence under this bylaw which has been committed in relation to the said property.  3. Where a property is owned by a corporation, or rented or leased by a corporation for a period greater than 90 days, the corporation shall be liable for any offences committed in relation to the said property ## 11. Offences and Penalties 1. Every person who contravenes any provision of this Bylaw is guilty of an offence and is liable on summary conviction to: - b. A minimum of Five Hundred Dollars ($500.00), for a second or subsequent offence 3. A minimum of Two Hundred and Fifty ($250.00) for a first offence; and 2. Upon receipt of a notice of violation, full payment must be received by the Municipality within Fourteen (14) days from the date of the notice. ## 12. Severability 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. 13. Schedules Form Part of Bylaw Schedules "A" and "B" attached hereto form part of this Bylaw. ## 14. Repeal Bylaw 37/19 The Noise Bylaw, 2019 and all amendments thereto, are hereby repealed.   Hon. Joe Hargrave Ree No cae SEAL3AA Kerry fits, Chief Administrative efficer Read a firsttime 31 day of\_MaRch, 2026 Read a second time this 26 day of Inn \_ 2026 Read a third time and passed this 2a day of May 2026 Certified true copy of the original document. Cerined thio28 day of Mrzy 2026 Chessen Eileen Prosser, Notary Public My appointment expires, July 31, 2030  ## Schedule A - Bylaw 09-26 ## Hours During Which Noise Associated with Permitted Uses is Permitted | Land Use/Activity | Weekdays | Weekends/Statutory Holidays | |-----------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------|------------------------------------------| | Mineral Resource Extraction and Storage - includes all activities associated with processing, including Hauling. | 7 a.m. till 10 p.m. Monday - Saturday | 10 a.m. - 8 p.m. Sundays/Stat Holidays | | Hauling - Hauling along Township Road 391 from Range Road 3100 to Range Road 3085, and, Range Road 3085 from Township Road 391 to Highway 16. | 6 a.m. till 10 p.m. Monday - Saturday | 10 a.m. - 8 p.m. Sundays/Stat Holidays | | Commercial Recreation - including but not limited to drag strips, motor speedways and paintball operations and associated activities. | 8 a.m. till 10 p.m. Monday - Saturday | 8 a.m. till 6 p.m. Sundays/Stat Holidays | | Clean Fill Operations - includes all activities associated, including Hauling. | 7 a.m. - 10 p.m. Monday - Saturday | 10 a.m. -8 p.m. Sundays/Stat Holidays |  ## Schedule B - Bylaw 09-26 SPECIAL EVENT PERMIT APPLICATION The undersigned hereby requests the Municipal Administrator of the Rural Municipality of Corman Park to consider this application for an exemption from certain provisions contained within Bylaw 09-26 known as 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. 1. Applicant / Property Owner Applicant: Address: Phone: Postal Code: Email: 2. Legal Land Description for Event All/Part LSD(s) ¼ Section, Twp. Lots) \_Rge. Block(s) , W3 Meridian. 3. Type of Event: 4. Anticipated Event Attendance: 5. Description of noise anticipated and the source(s) of the noise: 6. Time of day noise anticipated: 7. Date (s) for which an exemption is being sought: 8. Name and Mobile Phone Number for person in charge during event: 9. The names of nearby residents and businesses which may be affected, their telephone numbers, and a summary of their questions and comments shall be attached to this Application Form Signature of Applicant: Date: Applications must be received at least 15 business days prior to the proposed date of the event.