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A BYLAW OF THE TOWN OF WOLSELEY TO PROHIBIT CERTAIN ACTIVITIES CREATING NOISE ANE TO ABATE THE INCIDENCE OF NOISE AND TO RESTRICT THE HOURS WHEN CERTAIN SOUNDS MAY BE MADE.
AND WHEREAS paragraph 128 (c) of the Urban Municipality Act, 1984 provides that Council may pass Bylaws for all or any of the following purposes:
- (c)
IND WHEREAS Section 128 of The Urban Municipality Act, 1984 provides tha 'ouncil may pass Bylaws for all or any of the following purposes
- (a) prohibiting, eliminating or abating noise from whatever source, on any public or private place:
- (b) Prohibiting or controlling and regulating the use of loudspeakers or other or other public places;
AND WHEREAS paragraph 73 (p) of The Planning and Development Act provides that Council may pass Bylaws to:
Regulate the amount and nature of sound that may be emitted from a building or from within a parcel of land or any operation thereon...;
AND WHEREAS the incidence of noise in the Town of Wolseley is such that the Council of the Town of Wolseley 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 WOLSELEY IN OPEN MEETING ASSEMBLED ENACTS AS FOLLOWS:
1. This Bylaw may be cited as "The Noise Bylaw".
2. This Bylaw, including this section:
3. (a) "Town" means the corporation of the Town of Wolseley, or the area contained within the boundaries of the Town of Wolseley:
4. (b) "Emergency Vehicle" means a motor vehicle used in response to a public catastrophe or to protect persons or property from imminent danger.
5. (c) "Emergency work" means work made necessary to restore property to a safe condition following a public catastrophe, work to restore public utilities, or work required to protect persons or property from an imminent exposure to danger;
- (d) "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 Wolseley;
- (e) "Motor Vehicle" means "motor vehicle" as defined in The Motor Vehicle Act of Saskatchewan;
- (f) "Residential Building" means a structure used for the shelter or accommodation of persons;
- (g) "Residential District" means a district as referred to in the Zoning Bylaw enacted by the Council of the Town of Wolseley and amendments thereto;
- (h) "Signaling Device" means a horn, gong, bell, siren or other device producing an audible sound for the purpose of drawing people's attention to an approaching vehicle, including a bicycle;
- (i) "Weekday" means any day other than a Sunday or holiday.
## 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.
2. (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 make, 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. (c) The interpretations of what constitutes a loud 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 the Trial Judge hearing a prosecution of an offense against this Bylaw.
## DOMESTIC NOISES
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 a model aircraft driven by an internal combustion engine it any residential district between the hours of
2. (a) 9:30 o'clock in the evening and 7:00 o'clock of the next forenoon;
3. (b) 9:30 o'clock in the evening and 8:00 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. 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 nay 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 member of the public who is not on the same premises from which such noise or sound emanates.
6. (a) 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.
- (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 of sound issues form the premises.
## CONSTRUCTION NOISES
- 7.
- (a) 9:30 o'clock in the evening and 7:00 o'clock of the next forenoon;
- (b) 9:30 o'clock in the evening and 8:00 o'clock in the forenoon of the following day which is a Sunday or Holiday.
## ADVERTISING NOISES
8. No person shall advertise any event or merchandise by ringing bells, blowing or frequenting any street or other public place.
## TRUCK MOTORS
9. No person shall allow the motor on a tractor which pulls a trailer or on a semi railer truck, or any other truck, to remain running for longer than 30 minutes while the tractor-trailer, or tractor alone, or truck, is stationary in a residential district.
## EXCEPTIONS
10. The provisions of this Bylaw shall not apply for:
2. (a) the ringing of bells in churches, religious establishments and schools;
3. (b) the moderate use of musical instruments to call attention to an opportunity t contribute to a collection made for a charitable undertaking during th Christmas season or at any other time;
4. (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 in connection with any parade authorized by Council pursuant to the provisions of the Traffic Bylaw;
5. (d) the moderate playing of musical instruments appropriate to any religious street service;
6. (e) the sounding of a general or a particular alarm or warning to announce a fire or other emergency or disaster;
7. (f) the sounding of police sirens on any vehicle used by the police or fire department or on nay ambulance or public service vehicle;
8. (g) any use of sound amplification equipment used by the police, fire department or any ambulance service or public service;
9. (h) the use in a reasonable manner of nay apparatus or mechanism for the amplification of the human voice or of music in a public park or any othe commodious space in connection with any public election meeting, public celebration or other reasonable gathering;
- (1) the use of any tractors, trucks or other equipment for snow removal, snow clearing or sanding of streets, the repair of streets or the repair and maintenance of any municipal works or utilities;
11. () the use of any equipment for the repair or maintenance of any public utilities including the public utilities operated by the Saskatchewan Power Corporation and Saskatchewan Telecommunications;
12. (K) the sounds caused by any person, animal, machine or by any other means during the carrying on or operation of any exhibition, circus, sporting event or any other activity lawfully authorized;
- (1) the sounds caused by any person, animal, machine or by any other means during the carrying on or operation of any lawfully authorized sporting arena or building, public park or any other public place where such sporting even nay be lawfully carried on
11. Council may, by resolution, exempt from the provisions of this Bylaw, the noises made by a person, firm or corporation in the lawful operation of any industrial or commercial or any other business undertaking
## PENALTIES
12. Any person who contravenes any provisions of this Bylaw is guilty of an offense and in liable on summary conviction to a minimum fine of $100.00 and a maximum fine not exceeding $500.00 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, from and after the final passing thereof.
14. Bylaw # 2-89 is hereby repealed
Passed on the 10" day of October, 2000.
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Town Administrator
Dominic Espace
Dominic Eustace Mayor
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