Rural Municipality of Moose Jaw No. 161, Saskatchewan
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Bylaw No. 7/88
A Bylaw For the Purpose of
Prohibiting, Eliminating and Abating Noise
The Council of the Rural Municipality of Moose Jaw No. 161, in the Province of Saskatchewan, enacts as follows:
1.
This Bylaw may be cited as "The Noise Bylaw".
2.
In this Bylaw, including this section:
a)
"Municipality" means the Municipality of Moose Jaw No. 161
b)
"Holiday" means any statutory holiday as defined in The Interpretation Act, and amendments thereto or any holiday
proclaimed as such by the Municipality.
c)
"Motor vehicle" means "motor vehicle" as defined in The Highway Traffic Act.
d)
"Residential building" means a building which is constructed as a dwelling for human beings.
e)
"Signaling 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.
f)
"Weekday" means any day other than a Sunday or holiday.
g)
"Occupant"
shall mean the owners, 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)
"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 to be separate premises.
GENERAL PROHIBITION
3.
a)
Except to the extent it is allowed by this Bylaw, no person shall make, or continue to make, or cause to be made, or
allow to be made, or allow to be continued to be made, any loud noise, or any unnecessary noise, or any unusual
noise.
b)
Except to the extent it is allowed by this Bylaw, no person shall make, or continue to make, or cause to be made or
cause to be continued or allow to be made, or allow to be continued, any noise whatsoever which either annoys,
disturbs, injures, endangers or detracts from the comfort, repose, health, peace or safety of other persons within the
limits of the Hamlets in the municipality.
c)
What is a loud noise, any unnecessary noise, an unusual noise, or a noise which annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of other persons is a question of fact for a court which hears a prosecution
of an offence against this Bylaw.
DOMESTIC NOISES
4.
Without restrictions the generality of Section 3, no person shall operate or allow to be operated a lawn mower of any kind, 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 of:
a)
10 o'clock in the evening and 7 o'clock of the next forenoon on weekdays;
b)
10 o'clock in the evening and 9 o'clock in the forenoon of the following day which is a Sunday or holiday.
5.
No person who owns, keeps, houses, harbours or allows to stay in his premises a dog shall allow such dog to bark excessively
or howl excessively.
6.
a)
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 production or
amplification of a manner that the dame 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.
b)
For the purpose of this Bylaw "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.
CONSTRUCTION NOISES
7.
Except in an emergency, no person shall carry on the construction, erection, demolition, alternation or repair of any type of
building or structure which involves hammering, sawing, drilling or the use of any machine, tools or other equipment capable
of creating a sound beyond the boundaries of the site on which the activity is being carried on, after the hour of 10 o'clock in
the evening and before 7 o'clock in the morning of any day.
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Noise Bylaw No. 7/88
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8.
Except in an emergency, no person shall 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 noise nature, so as to create a noise which may be heard in any
residence between the hours of 10 o'clock in the evening and before 7 o'clock in the morning.
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
remises 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.
EXCEPTIONS
10.
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 make 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 used in connection with any parade;
d)
the moderate playing of musical instruments appropriate to any religious street services;
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 pubic service vehicle;
h)
any use of sound amplification equipment used by the police, fire department or any ambulance service or public
service;
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 commodius space in connection with any public election meeting, public celebration, or
other reasonable gathering.
j)
transit vehicles engaged in normal transit operations.
PENALTIES
11.
Any person who contravenes any provisions of this Bylaw is guilty of an offence and is liable on summary conviction to a
minimum fine of Fifty Dollars ($50.00) and a maximum fine not in excess of Five Hundred Dollars ($500.00) or in default of
payment of the fine and cost, to imprisonment for a period not exceeding 30 days.
12.
The provisions of this bylaw shall apply within the limits of all Hamlets within the boundaries of the Rural Municipality of
Moose Jaw No. 161.
13.
This Bylaw shall come into force and take effect on final approval by the Minister of Rural Development.
W.H. Johnstone,
Reeve
JW Nichols
Administrator
Government approval received April 6, 1989