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## BYLAW NO. 14-1982
A BYLAW IO PROHIBII, ELIMINATE AND ABAIE, LOUD, UNUSUAL, AND UNNECESSARY NOISE, OR NOISES WHICH ANNOY, DISTURB, INJURE OR ENDANGER THE COMFORT, REPOSE, HEALTH, PEACE OR SAFETY OF OTHERS WITHIN THE TOWN OF SOUTHEY.
THE COUNCIL OF THE TOWN OF SOUTHEY ENACTS AS FOLLOWS:
## Part I Short Title & Definitions
- 1o This Bylaw may be cited as "The Noise Abatement Bylaw".
- 2o (a)"Town" means the corporation of the Town of Southey or the area contained within its boundarles as the context requires.
- (b) "Council" means the Council of the Town of Southey.
- (a) "Hospital Zone" means an area which (1.) is designated as such by signs or other devices, or (11) any portion of the Town within five hundred (500') feet in any direction from the boundaries of a site which is situated a hospitil as defined in "The Hospitals Revenue Act", Rosos. 1978, c. H-9.
- (c) "Emergency Vehicle" neans a fire department vehicle, a police vehicle, or a vehicle used as an ambulance.
- (e) "Industrial Zone" means a district defined as such in the current Town of Southey Municipal Development Zoning Controls.
- (8) "Inapector" means any person or persons designated by resolution of Council from time to time as may be required to enforce the Bylaw.
- (1) "Motor Vehicle, slall have the same meaning given it in "The Vehicles Act", R.R.S. 1978, Chapter V-3 and amendments thereto.
- (h) "Person" includes any company, corporation, owner, partnership, firm, association, society, party or tenant.
- (3) "Public Highway" has the same meaning as that given it in "The Vehicles'Act", Ros.s. 1978. C.V-
- (1) "Peace Officer" shall have the same meaning as in the "Summary Offences Procedure Act", R.s.s. 1978, S-63.
- (k) "Public Place" has the same meaning as that given It in "'The Liquor Act", Rosos. 1978, co V-3.
- (1) "Residential Building" means a building which is constructed as a dwelling place for human beings and includes a hotel or motel.
- (I) "Residential Zone" means a district defined as such in the current Town of Southey Municipal Development Plan, Zoning Controls.
- (a) Signalling 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.
- (0) "Vehicle" shull have the same wearing given to it in "The Vehicles Act", R.S.S. 1978, c. V-3 and amendments thereto.
## Part II General Prohibitions
- X 30 (1) NO PERSON SHALI nako, continue or cause to allow to be made or continued any loud, unnecessary or unusua] noise or any noise whatsoever which either annoys, disturbs, injures, endangers or detracts fron the comfort, repose, health, peace or safety of other persons within the 1imits of the Towa except to the extent it is allowed by this Bylaw.
- (11) 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 othere is a question of fact for a court which hears a prosestion.
## PART III Specific Prohibitions
4. Motor Vehicle Noises
2. {a) No person shall create loud unusual or unnecessary noise in the operation of a motor vehicle upon a pubile street, lane or thoroughfare ithin the Town of Southey 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 noring at the time the noise is creuted.
- (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 Town of Southey resulting from any of the following acts:
- (1) The sounding of a motor vehicle signalling device or warning device, or siren, except where required or authorized by this Bylaw.
- (11) 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 fire minutes while such is stationary in a residential zone unless:
- 1) The vehicle is in an enclosed structure so as to effectively prevent excessive noise emissions; or
- 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 compactorss or
- 111) 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 engines of
- v) The idling is for the purpose of cleaning and flushing the radiator and associated circulation system for seasonal change of anti-freeze, cleaning of the fuel system, carburator or like, when such work is performed other than for profit.
- (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 uny other location within five hundred feet of a residential zone.
- (a) The Provisions of Section 4 of this Bylaw do not apply to an emergency vehicle, or to work on a Town street or public utility carried on by & Town Department, Saskatchewan Power Corporation, Sask-Tel, or to a contractor working for any of the above cited persons.
## 50 Comercíal and Industrial Noises
- (2) No person shall load or unload motor trucke in any area designated as being a residential zone or within one Town 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.
2. (b) No person shall advertise any event or merchandise by ringing bells, calling aloud, playing any type of musical instrument or by uny audible means in any part of the Town other than in an area desigarted as the Downtown Central Business District or designated shopping centre in the feuthey Municipal Development Plan.
3. (c) No person shall, without first obtaining a written permit from the Chief of Police of the Town of Southey or his appointee (which the said Chief of Police of the Town of Southey or his appointee nay, in his discretion, refuse or grant) use or pernit the use of a loud-speaker or other device for the amplification of sound;
- 1) upon any street, lane or other public place within the Town; or
- 11) in any building or place with the intention that the sound therefrom shall be, or with the offect that is or may be, audible to persons using or frequenting any such street, lane or other public place.
## 6. Domestic Noises
- (a) No person shall operate a pover garden tool, hedge trimer, 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 in the next morning.
- (b) No person shall operate a model aircraft driven by an internul combustion engine of any dascription during the hours when the use of power garden tools 1s 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 of the next morning.
- (al) Every person who owns, or has the care or control of, or keeps or harbours, any animal which by reason of excessive barking or excessive howling disturbs other persons is guilty of an offence · under this Bylaw.
## 7. Construction Noises
- (a) Unless permission of an inspector, or of the Director of Buildings and Civic Properties of the Town of Southey is first obtained, no person shall carry on construction of any type of structure which involves hammering, sawing or the use of any mechanical tools or equipment capuble 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 by the current Zoning Bylaw as an Industrial Zone, after the hours of ten (10:00) o'clock in the evening and before the hour of seven (7:00) o'clock in the morning of the next day.
- (b) Unless permission of an Inspector, or of the Director of Buildings and Civic Properties of the Town of Southey is first obtained, no person shall operate or allow to be operated:
- 1) a riveting machine
- ¡i) a concrete mixer
- ili) a gravel crusher
- iv) a steam shovel
- v) a tranching machine
- vii) an air or steam compressor, jack-hanmer or pneumatic drill
- vi) a drag line
- Vili) a tractor or bull-dozer, or
- () any other tool, device or machine of isy naturi
so as to create a noise, confusion, or disturbance to be heard in a residential building between the hours of ten (10:00) o'clock in the evening and seven (7:00) o'clock in the morning of the next day.
- (c) The provisions of Section 7 hereto do not apply to any work carried on by the Iown or by a contractor carrying out the instructions of the Iown 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 Town of Southey.
## FART IV Exemptions
9. (a) Notwithstanding any of the provisions of this
2. Bylaw, this Bylaw does not apply to any person who emits or causes the emission of noise in connection with any Iife-saving duty or responsibility or any person acting in an emergency situation.
3. (b) Notwithstanding any of the provisions of this Bylaw this Bylaw does rot apply to a person who emits or causes to be emitted noise in connection with any of the following activities:
- 1) The use in a reasonable manner of an apparatus or mechaniam for the amplification of the human voice or of music in a public park or recreationa] area under the control and management of the Town of Southey in connection with any public election meeting, public celebration, recreational event, or other lawful gathering.
- 11) Any band or parade, provided that the consent of the Chief of Police of the Iown of Southey or his appointee to operate such band or hold such parade has first been obtained.