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THE SEDLEY NOISE ABATEMENT BYLAW
Bylaw No. 2019-05
Bylaw No. 2019-05
Page 1
BYLAW NO. 2019-05
-
A Bylaw to Prohibit, Eliminate and Abate Loud, Unusual and Unnecessary Noise or Noises
which Annoy, Disturb, Injure or Endanger the Comfort, Repose, Health, Peace or Safety of
Others with in the Village of Sedley -
The Council of the Village of Sedley in the Province of Saskatchewan enacts as follows:
Part I Short Title & Definitions
1. This bylaw may be cited as the "Noise Abatement Bylaw".
2. a) "Village" means the Village of Sedley or the area contained within its boundaries as the
contest requires.
b) "Council" means the council of the Village of Sedley.
c) "Emergency Vehicle" means a fire department vehicle, a police vehicle, or a vehicle used
as an ambulance.
d) "Motor Vehicle" shall have the same meaning giv3n it in The Traffic Safety Act.
e) "Inspector" means any person or persons designated by resolution of Council from time
to time as may be required to enforce the bylaw.
f) "Person" includes any company, corporation, owner, partnership, firm, association,
society, party or tenant.
g) "Peace Officer" shall have the same meaning as in The Summary Offences Procedure Act.
h) "Permitted Premises" has the same meaning as that given it in The Alcohol and Gaming
Regulations Act, 1997.
i) "Public Highway has the same meaning as that given it in The Traffic Safety Act.
j) "Residential Building" means a building which is constructed as a dwelling place for
human beings and includes a hotel and motel.
k) "Residential Zone" means the area contained within the boundaries of the Village of
Sedley.
l) "Signaling Device" means a horn, gong, bell, claxon, or other device producing audible
sound for the purpose of drawing people's attention to an approaching vehicle, including
a bicycle.
m) "Vehicle" shall have the same meaning given to it in The Traffic Safety Act.
Page 2
Part II General Prohibitions
3 a)
No person shall make, continue or cause to allow to be made or continued any loud,
unnecessary or unusual noise or 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 Village, except to the extent it is allowed by this bylaw.
b)
What is a loud noise, an unnecessary noise, unusual noise, or a noise which annoys,
disturbs, injures, endangers, or detracts from the comfort, repose, health, peace or
safety of others is a question of fact for a court which hears a prosecution of an offence
against this bylaw.
Part III Specific Prohibitions
4. Motor Vehicle Noise
a)
No person shall create loud unusual or unnecessary noise in the operation of a motor
vehicle upon a public street, land or thoroughfare within the Village whether the noise is
caused by the mechanical condition of the motor vehicle or the manner which the
motor vehicle is operated and whether or not the vehicle is stationary or moving at the
time the noise is created.
b)
No person shall emit or cause the emission of any loud, unusual or unnecessary noise, or
noises which annoy, disturb, injure, endanger, or detracts from the comfort, repose,
health, peace or safety of others within the Village resulting from any of the following
acts:
i)
The sounding of a motor vehicle signaling device or warning device, or siren, except
where required or authorized by the bylaw.
ii)
The operation anywhere other than on a public highway of an engine or motor, in or
on any motor vehicle, or vehicles, or item, of auxiliary equipment for a continuous
period exceeding five minutes while such is stationary in a residential zone unless:
i) The vehicle is in an enclosed structure so as to effectively prevent excessive
noise emissions; or
ii) The operation of such engine or motor is essential to a basic function of the
vehicle or equipment including but not limited to the operation of ready-mixed
concrete trucks, lift platforms or refuse compactors; or
iii) Weather conditions justify the use of heating or refrigerating systems powered
by a motor or engine for the safety and welfare of the operator, passengers or
animals, or the preservation of perishable cargo; or
iv) Prevailing low temperatures make longer idling periods necessary, immediately
after starting the motor or engine; or
v) The idling is for the purpose of cleaning and flushing the radiator and associated
circulation system for season change of anti-freeze, cleaning of the fuel system,
carburetor or like, when such work is performed other than for profit
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c) No person shall allow the diesel motor on a tractor which pulls a trailer or semi-trailer truck
to remain running longer than 15 minutes while the tractor-trailer or tractor alone is not
in motion in any residential district or zone or in any other location within five hundred
feet (500') of a residential zone.
d) The provisions of Section 4 of the bylaw do not apply to an emergency vehicle, or to work
on a Village street or public utility carried on by the Village of Sedley Public Works
Department, Saskatchewan Power Corporation, Saskatchewan Telecommunications,
SaskEnergy, or to a contractor working for any of the above cited persons.
5. Commercial and Industrial Noises
a) No person shall operate an internal combustion engine for commercial or industrial use
in any area designated as being a residential zone or within one Village block of the
boundary of such zone between the hours of ten (10:00) o'clock in the evening and seven
(7:00) o'clock in the next forenoon.
b) No person shall, without first obtaining a written permit from the Chief Administrative
Officer or designate of the Village, use or permit the use of a loud speaker or other
device for the amplification of the sound:
i)
upon any street, lane or other permitted premises within the Village; or
ii)
in any building or place with the intention the sound therefrom shall be, or with the
effect which is or may be, audible to persons using or frequenting any such street,
lane, or other permitted premises.
6. Domestic Noises
a) No person shall operate a power garden tool, hedge trimmer, roto-tiller, power or hand
lawn mower, or snow clearing device powered by an engine of any description in a
residential zone between the hours of ten (10:00) o'clock in the evening and seven (7:00)
o'clock the next morning.
b) No person shall operate a model aircraft driven by an internal combustion engine of any
description during the houses when the use of power garden tools is prohibited by
subsection a) in any residential zone.
c) No person shall detonate fireworks or explosive devices in any area designated as a
residential district between the hours of ten (10:00) o'clock in the evening and nine
(9:00) o'clock the next morning.
d) Every person who owns, or has the care or control of, or keeps or harbours, any animal
which by reason of excessive barking or howling disturbs other persons is guilty of an
offence under this bylaw.
Page 4
7. Construction Noises
a) Unless permission is first obtained from the Village Office, no person shall carry on
construction of any type of structure which involves hammering, sawing, or the use of
any mechanical tools or equipment capable of creating a sound which may be heard
beyond the boundaries of the site on which the activity is being carried on in any zone
other than one designated as an Industrial Zone, after the hours of ten (10:00) o'clock in
the evening and seven (7:00) o'clock the next morning.
b) Unless permission of the Council of the Village of Sedley is first obtained, no person shall
operate or allow to operate:
i)
a riveting machine
ii)
a concrete mixer
iii) a steam shovel
v)
a trenching machine
vi) a drag line
vii) an air or steam compressor, jack hammer or pneumatic drill
viii) a tractor or bulldozer, or
ix) any other tool, device or machine of a noisy nature.
So as to create a noise, disturbance or disturbance or confusion to he heard in a residential
building between the hours of ten (10:00) o'clock in the evening and seven (7:00) o'clock the
next morning.
c) The provisions of Section 7 hereto do not apply to any work carried on by the Village or
by a contractor carrying out the instructions of the Village which are of an exigent nature.
8. Noises Absolutely Prohibited
a) No person other than a police officer in the regular course of duty shall discharge a
firearm within the Village of Sedley.
Part IV Exemptions
9. a) Notwithstanding any of the provisions of the bylaw, this bylaw does not apply to any
person who emits or causes the emission of noise in connection with any lifesaving duty
or responsibility or any person acting in an emergency situation.
b) Notwithstanding any of the provisions of the bylaw, this bylaw does not apply to a person
who emits or causes to be emitted noise in connection with any of the following
activities:
i)
The use in a reasonable manner of an apparatus or mechanism for the amplification
of the human voice or of music in a public park or recreational area under the
control and management of the Village of Sedley in connection with any public
election meeting, public celebration, recreational event, or other lawful gathering.
ii)
Any band or parade, provided the consent of the Village of Sedley to operate such
band or hold such parade has first been obtained.
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iii) Any carnival, fair or exhibition provided the consent of the Village Office to operate
or hold such carnival, fair or exhibition has first been obtained.
iv) Any event authorized by the Village of Sedley on Village owned land.
v)
The sounding of bells in churches, religious establishments and schools.
vi) The moderate use of musical instruments to call attention to an opportunity to
contribute to a collection made for a charitable undertaking approved by the Village
Office.
Part V Severability
10. a) If a Court of competent jurisdiction should declare any section or part of a section of this
bylaw to be invalid, such section or part of a section shall not be construed as having
persuaded or influenced Council to pass the remainder of the bylaw shall be valid and
shall remain in force and effect.
Part VI Penalties
11. a) Any person who contravenes any provision of this bylaw is guilty of an offense and is
liable on summary conviction to a minimum fine of fifty ($50.00) dollars and a maximum
fine not in excess of five hundred ($500.00) dollars or, in default of payment of the fine
and costs, to imprisonment for a period not exceeding 30 days.
This Bylaw comes into force on the day of its final passing.
12. Bylaw 86 is repealed on the same day as this Bylaw comes into force.
READ A FIRST TIME THIS _____________ DAY OF _________________, 20 _____
READ A SECOND TIME THIS __________ DAY OF _________________, 20 _____
READ A THIRD TIME AND PASSED THIS _____ DAY OF ____________________, 20 ___
Signed on original
(SEAL on original)
____________________________________
Chief Administrative Officer
Signed on original
____________________________________
Mayor