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Bylaw 2-18
A BYLAW OF THE TOWN OF THE TOWN OF YELLOW GRASS IN THE
PROVINCE OF SASKATCHEWAN, TO PROHIBIT ACTIVITIES CREATING
NOISE AND TO ABATE THE INCIDENCE OF NOISE AND TO RESTRICT THE
HOURS WHEN CERTAIN NOISES MAY BE MADE
WHEREAS the incident of noise in the Town of Yellow Grass is such that the
Council of the Town of Yellow Grass 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 YELLOW GRASS
ENACTS AS FOLLOWS:
1. This Bylaw be cited as "The Noise Bylaw"
2. In this Bylaw including this Section:
(a)
"Town" means the Corporation of the Town of Yellow Grass, or
the area contained within the boundaries of the Town of Yellow
Grass as the context requires;
(b)
"motor vehicle" means "motor vehicle" as defined in the Vehicles
Act of Saskatchewan;
(c)
"residential building" means a building which is constructed as a
dwelling for human beings;
(d)
"signaling devise" 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;
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, any unnecessary noise, or any unusual
noise.
(b)
Except to the extent it is allowed in 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 allowed 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 Town.
(c)
What constitutes 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 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, a snow clearing device, a chain saw, or
a rototiller, powered by an engine of any type or a model aircraft driven by an
internal combustion engine in any residential district between the hours of:
(a) 11:00 o'clock in the evening and 7:00 o'clock of the next morning.
Noise Bylaw 2-18
Page 2
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.
(a)
No person, being the owner or occupant of any premises, shall
operate, or permit to be operated, or suffer 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 member of the public who is not on the
same premises from which such noise or sound emanates between the hours
of 11:00 o'clock in the evening and 7:00 o'clock in the morning.
(b)
For the purpose of the 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.
(c)
For the purposed 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 premises.
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
Yellow Grass between the hours of 9 o'clock in the evening and 7 o'clock in
the morning.
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 steam compressor, a jack-hammer
or pneumatic drill, a tractor or a 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 9 o'clock in the evening and 7 o'clock in the
morning.
MOTORS
9.
No person shall allow the motor on a truck or 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
between the hours of 11 o'clock in the evening and 7 o'clock in the morning.
Bylaw No. 2-18
Page 3
EXCEPTIONS
10. The Provisions of this Bylaw shall no 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;
(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 the parade.
(d)
The moderate playing of musical instruments appropriate to any
religious street service;
(e)
The sounding of factory whistles and similar devices at normal
appropriate times;
(f)
The sounding of a general or a particular alarm or warning to
announce a fire or other emergency or disaster;
(g)
The sounding of police whistles or the sirens on any vehicle used by
the police or fire department or an 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.
COUNCIL DISCRETION
11. At the discretion of Council upon application, the Council may, by resolution,
grant an exemption to any person or organization from any of the provisions
of this bylaw with respect to any source of sound.
ORDERS AND PENALTIES
12. No person shall:
(a)
fail to comply with an order made pursuant to this Bylaw;
(b)
obstruct or interfere with any Designated Officer or any other
person acting under the authority of this Bylaw; or
(c)
Fail to comply with any other provision of this Bylaw.
13. Any person or corporation who commits an offence under this Bylaw is
guilty of an offence punishable on summary conviction and is liable:
(a)
for a first or second offence, in the case of an individual who
commits an offence under this Bylaw, to a minimum fine of Two
Hundred Fifty ($250.00) Dollars and
(b)
a maximum fine of Two Thousand ($2000.00) Dollars and in the
case of a corporation to a minimum fine of Five Thousand
($5000.00) Dollars, or in default of payment of the fine, to
imprisonment for a period not exceeding Ninety (90) days;
Bylaw No 2-18
page 4
(c)
for each subsequent offence, in the case of an individual who
commits such subsequent offence within a one year period of time
following his or her last conviction for an offence under this Bylaw
to a minimum fine of Two Thousand ($2000.00) Dollars.
14. Any person or corporation who contravenes any provision of this Bylaw
three or more times within a one year period shall be subject to the
maximum fine provided in Section 16 for each conviction.
15. Bylaw No. 4-06 is hereby repealed
16. This Bylaw shall come into force and take effect on the day of the final
passing thereof.
Introduced and read a first time this 12th day of April, 2018
Read a second time this 12th day of April, 2018
Read a third time and passed this 12th, day of April, 2018
___________________________
Mayor
_____________________________
Administrator