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TOWN OF SHAUNAVON
BYLAW NO. 2010 - 16
A BYLAW TO REGULATE NOISE WITHIN THE TOWN OF SHAUNAVON
The Council of the Town of Shaunavon, in the Province of Saskatchewan, enacts as follows:
1.
NOISE BYLAW
This bylaw may be cited as the "Town of Shaunavon Noise Bylaw".
2.
DEFINITIONS
a)
"Town" means the Town of Shaunavon;
b)
"Council" means the Council of the Town of Shaunavon;
c)
"Noise" includes any loud outcry, clamour, shouting or movements, or any
sound that is loud or harsh or undesirable;
d)
"Person" includes any company, corporation, owner, partnership, firm,
association, society or party;
e)
"Property" means real property and includes land, other than a highway, together
with all improvements which have been so affixed to the land as to make them in
fact and in law a part thereof.
3.
GENERAL REGULATIONS
a)
No person being the owner, tenant or occupier of real property shall allow or
permit such real property to be used so that noise or sound which occurs thereon or
emanates there from disturbs or tends to disturb the quiet, peace, rest, enjoyment,
comfort or convenience of any person or persons on the same piece of property
or in the neighbourhood or vicinity.
b)
In the absence of other evidence, or by way of corroboration of other evidence, a
court of competent jurisdiction may infer from the evidence of a peace officer
relating to the conduct of a person or persons, whether ascertained or not, that any
loud noise, any unnecessary noise, or any unreasonable noise:
i)
occurred;
ii)
was of a nature as to disturb the quiet, peace, rest, enjoyment, comfort,
convenience of any person or persons other persons; within the meaning
of clause a)
c)
Without restricting the generality of clause a), no person shall operate or allow to
be operated in any residential district:
i)
a lawn mower of any kind;
ii)
a snow clearing machine powered by an engine of any type;
iii)
a rototilling machine of any kind; or,
iv)
any other machine or device of a similar or like nature that is powered by an
internal combustion engine or an electrical motor,
o after the hour of 10:00 p.m. and before the hour of:
7:00 a.m. of any weekday; and
8:00 a.m. of any weekend day or holiday.
d)
No person shall play or operate any radio, stereophonic equipment or other
instrument or any apparatus for the production or amplification of sound either in
or on-private premises or in any public place in such a manner as to disturb the
quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood or of
persons in the vicinity.
e)
No person shall own, keep or harbour any animal or bird which by its cries unduly
disturbs the peace, quiet, rest or tranquility of the surrounding neighbourhood or
the public at large.
f)
No hawker, huckster, peddler, newsvendor or other person shall be his
intermittent or reiterated cries disturb the quiet, peace, rest, enjoyment, comfort or
convenience of individuals or the public.
g)
No person shall operate any outdoor public address system in the Town without
first having obtained a permit therefore.
h)
No person shall operate any vehicle, including but not limited to: cars, trucks,
vans, snow vehicles, motorboats or motorcycles, which makes or causes noise
in such a manner as to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of the neighbourhood or of persons in the vicinity.
4.
CONSTRUCTION HOURS
a)
No person in the Town shall on any day before 7:00 a.m. or after 10:00 p.m. construct,
erect, reconstruct, alter, repair or demolish any building, structure or thing or excavate
or fill in land in any manner which disturbs the quiet, peace, rest, enjoyment, comfort
or convenience of the neighbourhood or of persons in the vicinity.
b)
Where it is impossible or impractical to comply with this section, the Town
Administrator may give written approval to carry on the work that is found to be
necessary at designated hours.
c)
Responsibility for obtaining written approval lies with the person carrying on the work.
5.
EMERGENCY WORK
a)
Notwithstanding any provisions of this bylaw, a person may perform works of an
emergence nature for the preservation of protection of life, health or property, but
the onus shall be on the person performing the work to show cause that the work was of
an emergency nature.
6.
PENALTY SECTION
a)
Every person who contravenes any provision on this Bylaw is guilty of an offence and
liable on summary conviction to a fine of not less than;
i)
$500.00 in the case of a first offence; and
ii)
$750.00 in the case of any subsequent offence within 3 months of any previous
offence; and not more than;
iii)
$3,000.00 in the case of an individual;
iv)
$6,000.00 in the case of a corporation.
b)
All fines, penalties and forfeitures mentioned in this Bylaw may be recovered and
enforced with costs by summary conviction before a judge and, in the default of payment,
the person convicted may be imprisoned for a term of not more than 90 days, unless the
fine or penalty are paid sooner.
c)
This Bylaw may be enforced, and the contravention of any provision of the bylaw
restrained, by any court on action brought by the Town of Shaunavon whether or not any
penalty is imposed for the contravention.
d)
Conviction of a person for a contravention of any provision of this Bylaw does not relieve
him from compliance with the Bylaw, and the convicting judge or justice of the peace
shall, in addition to any fine imposed, order the person to perform, within a specified
period, any act or work necessary for the proper observance of the Bylaw or to remedy the
contravention of the Bylaw.
e)
A person who fails to comply with an order made pursuant to subsection within the period
specified in the order, is guilty of an offence and liable on summary conviction to a fine of
not more than $250 for each day during which the failure continues, to imprisonment for a
term of not more than 90 days or to both such fine and imprisonment.
THIS BYLAW shall come into force on the final passing and Bylaw No. 17-82 is hereby repealed.
"Q.M. Elmgren"
_____________________________________
Deputy Mayor
SEAL
"Charmaine Bernath"
______________________________________
Administrator
Read a third time and adopted
this 20th day of July, 2010.
"Charmaine Bernath"
_____________________________
Administrator