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BYLAW NO. 87-14
A BYLAW OF THE TOWN OF WARMAN TO PROHIBIT CERTAIN ACTIVITIES
CREATING NOISE AND TO ABATE THE INCIDENCE OF NOISE AND TO
RESTRICT THE HOURS WHEN CERTAIN SOUNDS MAY BE MADE
WHEREAS Section 128 of The Urban Municipalities Act, 1981, and amendments
thereto, provides that Council may pass bylaws for all or any of the following purposes:
(a)
prohibit, regulate or abate noise from whatever source, on any
public or private place, and, without restricting the generality of
the foregoing, may establish permissible noise levels or may
provide that no one shall make any unnecessary or unreasonable
noise for all or varying periods of the day within the urban
municipality or within any specified area of the urban
municipality;
(b)
prohibit and regulate the use of loudspeakers or other devices for
the amplification of sound on any street or other public or private
place or in any building, and
WHEREAS the incidence of noise in the Town of Warman is such that the
Council of the Town of Warman deems it expedient that regulations be made restricting
and abating the activities which give rise to unnecessary noise in the Town; and,
WHEREAS the intent of this Bylaw is that all noise shall be reduced as far
as possible compatible with the normal activities of urban life and that unnecessary noise
be eliminated;
NOW THEREFORE, the Council of the Town of Warman in the Province
of Saskatchewan enacts as follows:
1.
This Bylaw may be citied as "The Noise Bylaw".
2.
In this Bylaw, including this Section:
a)
"Town" means the corporation of the Town of Warman or
the area contained within the boundries of the Town of
Warman as the context requires;
b)
"holiday" means any statutory holiday as defined in the
Interpretation Act, and amendments thereto, or any holiday
proclaimed as such by the Council of the Town of Warman;
c)
"motor vehicle" means "motor vehicle" as defined in The
Motor Vehicles Act of Saskatchewan;
d)
"residential building" means a building which is
constructed as a dwelling for human beings;
e)
"residential district" means a district defined as such in the
Zoning Bylaw enacted by the Council of the Town of
Warman and amendments thereto;
f)
"signalling 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;
g)
"weekday" means any day other than a Sunday or holiday;
h)
"Zoning Bylaw" means Bylaw No. 87-13 as enacted by the
Council of the Town of Warman and amendments thereto
and includes any bylaw passed in substitution for or in
addition to Bylaw No. 87-13.
GENERAL PROHIBITION
3. (1) 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 allowed to
be continued to be made, any loud noise, or any unnecessary noise, or any
unusual noise.
(2)
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 Town.
(3)
What is a loud noise, an 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 NOISE
4.
Without restricting 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 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.
(1)
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
sound, either in or on private premises in a residential district in such a
manner that the same can be easily heard by an individual or a member of
the public who is not on the same premises from which such noise or
sound eminates.
(2)
For the purpose of this Bylaw, "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.
(3)
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 premesis.
CONSTRUCTION NOISES
7.
Except in an emergency, no person shall carry on the construction,
erection, demolition, alteration or repair of any type of building or
structure which involves hammering, sawing, drilling or the use of any
machine, tools or any other equipment capable of creating a sound beyond
the boundaries of the site on which the activity is being carried on, in any
district in the Town of Warman other than one designated in the Zoning
Bylaw as an M3-Industrial District, after the hour of 10 o'clock in the
evening and before the hour of 7 o'clock in the morning of any day.
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 stream compressor, a jack-
hammer or pneumatic drill, a tractor or bulldozer or any other tool, device
or machine of a noisy 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 7
o'clock in the morning.
ADVERTISING NOISE
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 premises 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.
DIESEL MOTORS
10.
No person shall allow the diesel motor on a tractor which pulls a trailer or
on a semi-trailer truck to remain running for longer than 20 minutes while
the tractor-trailer, or tractor alone, is stationary in a residential district.
EXCEPTIONS
11.
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 made 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 service;
(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 the
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 public 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 commodious space in
connection with any public election meeting, public
celebration, or other reasonable gathering;
(j)
transit vehicles engaged in normal transit operations;
(k)
snow removal, road maintenance, or other construction
equipment engaged by the Town in snow removal or the
construction, repair or maintenance of any streets,
crossings, sewers, culverts and approaches, grades,
sidewalks, or any other works, authorized by The Urban
Municipalities Act, 1984, and amendments thereto,
including any Act passed in substitution for or in addition
thereto, or any other Act.
PENALTIES
12.
Any person who contravenes any provision of this Bylaw is guilty of an
offence and is liable on summary conviction to a minimum fine of
seventy-five ($75.00) 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.
13.
This Bylaw shall come into force and take effect on the day of the final
passing thereof.