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A BYLAW FOR THE PURPOSE OF REGULATING NOISE IN THE SUMMER
VILLAGE OF POPLAR BAY
BYLAW NO: 191
WHEREAS
the Municipal Government
Act, Chapter M-26 of the Revised Statutes of Alberta,
2000, part 2,
section
7 and
8 and
amendments
thereto,
authorizes
the Council
of a municipality
to pass
bylaws
pertaining to the protection of people, property and nuisances within it's corporate
boundary;
AND WHEREAS the Council of the Summer Village of Poplar Bay deems it advisable to adopt such a
bylaw;
NOW THEREFORE the Council of the Summer Village of Poplar Bay, in the Province of Alberta, duly
assembled, does hereby enact as follows:
SECTION 1 - NAME OF BYLAW
1.1 This Bylaw shall be known as the 'Noise Bylaw'.
SECTION 2 - PURPOSE OF BYLAW
2.1 The purpose of this Bylaw is to enable the comfort and health of residents and visitors to Poplar Bay.
3.1 In this bylaw,
a.
'Ambient Sound Level' means the Sound Level measured by a Tester at a Point of
Reception, which excludes the noise generated by an activity with respect to which a
complaint about noise has been made;
'Concrete Mixer' means a machine that is mounted on a truck chassis or trailer capable of
carrying concrete in a mixed or partially mixed form and pouring it at a location where it is to
be used;
'Continuous Sound' means any Sound Level that occurs:
i. for a continuous duration of more than 3 minutes; or
ii.
sporadically for a total of more than 3 minutes, in any continuous 15 minute time
period;
'Day-time' means the period beginning at 8:00 a.m. and ending at 11:00 p.m. on each day
of the week;
'Garbage Truck' means any vehicle equipped for transporting refuse or any vehicle
equipped to load, unload and transport containers for handling refuse;
'Leq' means the equivalent continuous Sound Level over periods of time as specified in this
Bylaw at a specified location as measured by a Sound Level Meter;
'Motorized Garden Tool' means any tool used for horticulture that is powered by electric or
internal combustion engine of any kind including a lawn mower;
'Municipal Tag' means a tag or ticket wherein the Person alleged to have committed a
breach of a provision of this bylaw is given an opportunity to pay a voluntary penalty to the
Summer Village in lieu of prosecution for the offence;
'Night-time' means the period beginning at 11:00 p.m. and ending at 8:00 a.m. on each day
of the week;
'Non-Continuous' Sound means any Sound Level that is not a Continuous Sound measured
with a Sound Level Meter;
'Outdoor Speaker System' means any sound amplification device that converts electrical
impulses into sound, whether the device is independent or incorporated into a radio, stereo,
television, public address or other system, which is used for general listening purposes and
positioned:
i.
outside of a building;
ii.
inside a building and within 2 metres of any opening in the building including a
window or doorway, where it is directed outside of the building; or
in a tent;
I
SECTION 3 - DEFINITIONS
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
iii.
SECTION 4 -GENERAL
4.1 Between the hours of 11:00 p.m. and 8:00 a.m. on any day of the week, i.e. night time:
a.
No Person shall make, cause, or permit to be made or caused, any noise which disturbs or
tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any Person or
Persons within the corporate limits of the Summer Village.
No Person being the owner, tenant or occupier of property shall allow or permit such
property to be used so that noise 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 within the corporate limits of the Summer Village.
No Person shall own, keep or harbour any animal or bird which makes or causes to be
made, any noise which disturbs or tends to disturb the quiet, peace, rest, enjoyment,
comfort or convenience of any Person or Persons within the corporate limits of the Summer
Village.
No Person shall operate or cause the operation of equipment such as:
i.
A lawn mower;
ii.
a motorized gardening tool;
iii.
a power tool outside any building or structure;
iv.
a gas engine driven model;
v.
a motorized snow clearing or leaf blowing device;
vi.
outdoor speaker systems, electrical, mechanical or otherwise that generate sound
that tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any
Person or Persons within the corporate limits of the Summer Village.
-
..
,
Summer ViliVof
Poplar Bay Noise Bylaw #191
I.
'Peace
Officer'
means
a
member
of
the
Royal
Canadian
Mounted
Police,
a
Special
Constable,
or a Bylaw Enforcement
Officer;
'Person'
includes
public bodies,
bodies corporate,
societies,
partnerships,
individuals
and
companies;
'Point of Reception'
means any location at a residence
in the Village where noise or Sound
Levels are heard by a complainant,
as determined
by the Tester to be appropriate
in each
circumstance;
'Power Tool' means any tool powered
by an engine or a motor, regardless
of whether
that
mechanism
is powered by compressed
air, electricity or a fossil fuel;
'Property'
means real property and includes land together
with all improvements
which
has
been so affixed to the land as to make them in fact and in law a part thereof;
'Residential
Construction'
means
the temporary
process
of demolishing
or building
any
structure,
or repairing
or improving
a building
that already
exists,
including
landscaping,
home repair, property
improvement
and any work in connection
with that process
including
the use of a Concrete
Mixer;
'Signalling
Device' means any device that produces an audible sound used for the purpose
of drawing
an individual's
attention,
including
a horn, gong, bell, klaxon,
back-up
alarm or
public alarm system;
.
'Sound
Level'
means
the sound
pressure
measured
in decibels
using
the "A" weighted
network of an integrated Sound Level Meter;
'Sound Level Meter' means any Type 2 or better integrating
instrument
(as established
by
the Standards
of the American
National Standards
Institute "A.N.S.I")
that measures
Sound
Levels;
'Summer Village' means the Summer Village of Poplar Bay;
'Tester' means a Peace Officer who is trained in the operation
of a Sound Level Meter or an
individual
who
is trained
and who
is authorized
by the Peace
Officer
as defined
in this
Bylaw;
'Truck' means a public vehicle that is properly registered
to operate on a highway
in Alberta
having a licensed maximum
gross vehicle weight in accordance
with the Traffic
Safety Act,
Revised Statutes of Alberta 2000, Chapter T-6, of more than five thousand
kilograms
(5,000
kg), regardless of the vehicles weight at a specific time;
'Voluntary
Penalty' means a penalty specified in this bylaw for a contravention
of a provision
of this bylaw, which amount
shall be paid by a Person to whom a municipal
tag has been
issued.
m.
n.
o.
p.
q.
r.
s.
1.
u.
v.
w.
x.
b.
c.
d.
P~ge 2 of 4
SECTION
5 - EXCLUSIONS
5.1 Nothing herein shall render any person liable to a fine, penalty or punishment
for:
a.
performing
work of any emergency
nature for the preservation
or protection
of life, health
and property;
operating a snow clearing device for the purpose of removal of snow from Village roads and
streets;
operating an emergency
vehicle and the sounding of an alarm or warning to announce
a fire
or other emergency;
the use of Signalling
Devices on vehicles
in their normal operation for the purpose of giving
warnings to other vehicles or Persons;
working
on a Village
road, street,
reserve
or park authorized
by the municipality
or the
owner of a utility;
performing
Residential
Construction
commencing
at 7:00 a.m., Monday through
Friday;
loading Garbage Trucks for municipal
purposes commencing
at 7:00 a.m., Monday through
Friday;
the use of Motorized
Garden Tools where;
i.
the Sound
Level does not exceed
75 decibels
(dbA) Leq measured
over a one (1)
hour period; and
ii.
the tool is used during the Day-time and for less than 3 hours during any given day;
any activity within
the sole jurisdiction
of the Government
of Canada
or the Province
of
Alberta.
"
Summer Vill~of
Poplar Bay Noise Bylaw #191
e.
vii.
Notwithstanding
subsection
4-d-V1,
an Outdoor
Speaker
System
must comply
with
the Sound Levels established
in this Bylaw.
No Person shall permit a vehicle located on a Property to emit noise which emanates
from
that
Property
and disturbs
or annoys
a Person,
including
noise
from
excessive
engine
revving and stereo and amplification
equipment
in the vehicle.
No Person shall operate or cause the operation
of off-highway
vehicles within the corporate
limits of the Summer
Village.
See also the Bylaw
to Control
the Use of the Municipally
Owned Reserves, Parks, and Pathways.
Whether
any sound
annoys
or disturbs
a person,
or otherwise
constitutes
objectionable
noise, is a question
of fact to be determined
by a Court hearing a prosecution
pursuant
to
this Section of the Bylaw.
Notwithstanding
the above, no person who owns or controls
a Truck shall at any time allow
it to remain running in the Village for longer than 20 minutes when it is stationary.
f.
g.
h.
b.
c.
d.
e.
f.
g.
h.
i.
SECTION 6 - CONTINUOUS SOUND
6.1 No Person shall cause or permit to be caused a Continuous Sound that exceeds the greater
of
the
following Sound Levels;
a.
65 decibels (dbA) Leq measured over a one (1) hour period during the Day-time; or
b.
50 decibels (dbA) Leq measured over a one (1) hour period during the Night-time;
at any Point of Reception within the Village.
6.2 Notwithstanding section 6.0, where the Ambient Sound Level for an area is at or above the maximum
allowable Day-time or Night-time Sound Levels referred to in subsection 6.0, measured over a one (1)
hour period, a Sound Level must exceed 5 decibels (dbA) Leq over the Ambient Sound Level before it
becomes an offence.
SECTION 7 - NON-CONTINUOUS SOUND
7.1 No Person shall cause or permit to be caused a Non-Continuous Sound that exceeds:
a.
85 decibels (dbA) Leq measured over a period of 15 minutes during the Day-time; or
b.
75 decibels (dbA) Leq measured over a period of 15 minutes during the Night-time;
at any Point of Reception within the Village.
SECTION 8 - PERMITS
8.1 A Person may make an application to a Peace Officer having jurisdiction within the Summer Village for
a temporary permit allowing for noise or Sound Levels that would otherwise violate this Bylaw.
I
Pa~e 3 of 4
'-'
Summer Vill,-"f
Poplar Bay Noise Bylaw #191
8.2 The Council of the Summer Village hereby authorizes the issuance of such permits by a Peace Officer
having jurisdiction within the corporate limits of the Summer Village.
SECTION 9 - PENALTV PROVISIONS
9.1 A Peace Officer authorized
to enforce this Bylaw under Section
7 of the Municipal
Government
Act.
R.SA. 2000. Chapter
M-26. and who has reasonable
and probable
grounds to believe a Person
has
contravened
any section of this Bylaw, may under the authority
of this Bylaw, issue a Municipal
tag,
and where this tag is not paid by the offender a Part 2 violation tag may be issued under the Provincial
Offenders Procedures Act R.SA., Chapter 2000, P-34, to that Person.
9.2 Any Person who commits
a breach of any of the provisions
of this bylaw shall be liable to penalty as
follows:
a.
a fine up to $300.00
for a first offence; or a voluntary fine of $100.00
b.
a fine up to $500.00
for a second offence; or a voluntary fine of $200.00.
c.
a fine up to $1,000.00 for a third or subsequent
offence; or a voluntary fine of $500.00
SECTION 10 - SEVERABILITY
10.1
Should any section or part of this Bylaw be found to have been improperly enacted, then such
section or part shall be regarded as being severable from the rest of this Bylaw. The Bylaw remaining
after such severance shall be effective and enforceable as if the section found to be improperly
enacted had not been enacted as part of this Bylaw.
SECTION
11 - EFFECTIVE
DATE
11.1
This bylaw comes into effect on the date of the third reading
READ a first time this 11thday of January, 2006, AD.
READ a second time this 15thday of February, 2006, AD.
~F,:{~D,'1 third time and finally passed this 22"d, day of March, 2006, AD.
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Peter Irwin, Chief Administrative Officer
Summer Village of Poplar Bay
P:;Jge4 of 4
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