A BYLAW OF THE VILLAGE OF BAWLF IN THE PROVINCE OF ALBERTA FOR THE PURPOSE OF PROHIBITING, ELIMINATING OR ABATING NOISE.

Similar documents
BYLAW 2220/G/05 BEING A BYLAW OF THE TOWN OF STONY PLAIN IN THE PROVINCE OF ALBERTA TO REGULATE NOISE WITHIN THE TOWN OF STONY PLAIN

A BYLAW OF THE TOWN OF PEACE RIVER TO CONTROL AND ABATE NOISE.

BYLAW NO SUMMER VILLAGE OF VAL QUENTIN

MUNICIPALITY OF JASPER BYLAW #070

BY-LAW TOWN OF EDSON

TOWN OF ROSTHERN BYLAW A BYLAW OF THE TOWN OF ROSTHERN TO CONTROL AND REGULATE NOISE.

The Corporation of the Municipality Of Brighton. By-Law No

BYLAW NO 3591/2017. AND WHEREAS Council of the City of Red Deer considers it desirable and necessary to establish a bylaw to reduce False Alarms.

AND WHEREAS it is anticipated that the Cannabis Act will come into force in October, 2018 or shortly thereafter;

TOWN OF LA RONGE BYLAW NO. 343/95

DISTRICT OF CHETWYND BYLAW NO. 874, A bylaw to regulate or prohibit the making or causing of noises or sound in the municipality

A BYLAW OF THE VILLAGE OF BAWLF IN THE PROVINCE OF ALBERTA TO PROVIDE FOR THE COLLECTION, REMOVAL, AND DISPOSAL OF GARBAGE AND REFUSE.

MUNICIPAL DISTRICT OF ROCKY VIEW NO. 44 BYLAW NO. C Page 1

BYLAW NO. B-26/2018 OF THE CITY OF AIRDRIE IN THE PROVINCE OF ALBERTA

THE CORPORATION OF THE CITY OF PENTICTON NOISE AND NUISANCE BYLAW NO

LAC STE. ANNE COUNTY PROVINCE OF ALBERTA BYLAW #

MUNICIPALITY OF JASPER BYLAW #061

BYLAW BEING A BYLAW OF STRATHCONA COUNTY IN THE PROVINCE OF ALBERTA TO REGULATE THE SAFETY OF TAXIS

TOWN OF COCHRANE BYLAW 4/2014

BYLAW THE NOISE BYLAW

BY-LAW NO This By-law may be cited as Camrose County Road Use By-law

TOWN OFPEACE R1VER BYLAW NO. 1876

CITY OF COLD LAKE BYLAW #534-PL-14 A BYLAW REGULATING NOISE AND PUBLIC NUISANCE

BYLAW NO. B-13/2009 OF THE CITY OF AI RORIE IN THE PROVINCE OF ALBERTA

BYLAW Traffic Safety Act being Chapter T-6 of the Revised Statutes of Alberta, 2000 and amendments thereto;

AND WHEREAS Section 8(c) of the Municipal Government Act, R.S.A. 2000, c. M-26, as

CITY OF EDMONTON BYLAW ENFORCEMENT BYLAW (CONSOLIDATED ON MARCH 20, 2018)

BYLAW 5948 A BYLAW OF THE CITY OF LETHBRIDGE IN THE PROVINCE OF ALBERTA, TO REGULATE THE USE OF PORTABLE SIGNS IN THE CITY OF LETHBRIDGE

Bylaw 847/2012 Off-Highway Vehicles

This Bylaw may be known as the 'Transportation of Dangerous Goods Bylaw".

MUNICIPALITY OF LEAMINGTON BY-LAW

THE CITY OF SPRUCE GROVE BYLAW C NUISANCES, UNSIGHTLY AND UNTIDY PROPERTY BYLAW

BYLAW C A Bylaw of Rocky View County to provide for the regulation of Municipal Addresses

TOWN OF CALMAR BYLAW No THE PREVENTION OF AND ELIMINATION OF NUISANCES GENERALLY, AND REGULATING UNTIDY AND UNSIGHTLY PREMISES.

CITY OF NORTH BATTLEFORD SASKATCHEWAN BYLAW NO. 1968

Town of Whitby By-law #

TOWN OF BEAUMONT BYLAW

Bylaw No The Noise Bylaw. Codified to Bylaw No (May 3, 2004)

CITY OF YORKTON BYLAW NO. 22/2018

MUNICIPALITY OF JASPER BYLAW #099

Village of Cayuga Heights Local Law 5 of 2012 ARTICLE 36 Noise Ordinance

BYLAW # 001:2017 of the TOWN OF IRRICANA in the PROVINCE OF ALBERTA

Regional District of Central Kootenay

Bylaw No Bus Lic

BYLAW NO FIREWORKS BYLAW

Village of Alliance Bylaw Municipal Trees and Shrubs

Bylaw No The Noise Bylaw. Codified to Bylaw No (April 30, 2018)

w21carcv& BYLAW NO TOWN OF VEGREVILLE TOWN OF

BY-LAW # WHEREAS, the Council of the Summer Village of Sunbreaker Cove, in the Province of Alberta deems it desirable to pass such a By-Law.

Noise Control Bylaw No. 4404, Consolidated for Convenience Only

By-law (Consolidated as amended)

VILLAGE OF ONOWAY BY-LAW BEING A BYLAW IN THE VILLAGE OF ONOWAY, IN THE PROVINCE OF ALBERTA, TO REGULATE THE TRANSPORTATION OF DANGEROUS GOODS.

c) the enforcement of bylaws; This Bylaw may be cited as the Off-Highway Vehicle Bylaw.

MUNICIPALITY OF JASPER BYLAW #046

CITY OF TORONTO. BY-LAW No To repeal By-law No and to re-enact City of Toronto Municipal Code Chapter 591, Noise.

TORONTO MUNICIPAL CODE CHAPTER 915, PARKING ON PRIVATE OR MUNICIPAL PROPERTY. Chapter 915 PARKING ON PRIVATE OR MUNICIPAL PROPERTY

Town of Wolfville Bylaw 64 Prevention of Excessive Noise By-Law

TOWN OF COCHRANE. Bylaw 29/2018

The Corporation of the City of Pembroke. By-law Number Being a By-law to Control Noise.

CITY OF EDMONTON BYLAW SAFETY CODES PERMIT BYLAW (CONSOLIDATED ON JANUARY 1, 2016)

BYLAW NO. 3465/2011. Being a bylaw to establish a civic addressing system and to regulate the display of civic addresses within the City.

BYLAW A BYLAW OF STRATHCONA COUNTY TO REGULATE AND CONTROL SURFACE DRAINAGE AND SITE GRADING WITHIN STRATHCONA COUNTY.

BYLAW NO. 3551/2015 NOW THEREFORE COUNCIL OF THE CITY OF RED DEER ENACTS AS FOLLOWS: PART I TITLE, PURPOSE AND DEFINITIONS

CHICKEN BYLAW BYLAW NO OF THE VILLAGE OF MANNVILLE

WHEREAS the Legislature of the Province of Alberta has passed the Safety Codes Act, Chapter S , Revised Statutes of Alberta, as amended;

Noise Control Bylaw No. 4404, Consolidated for Convenience Only

TOWN OF BEAUMONT BYLAW #837-14

COMOX VALLEY REGIONAL DISTRICT BYLAW NO A bylaw to regulate or prohibit objectionable noise

BYLAW 952/02 ANIMAL CONTROL BYLAW STURGEON COUNTY, MORINVILLE, ALBERTA

Authority: Item 8, Planning Committee Report (PED10115(a)) CM: November 30, 2011

Last Revised Nov. 26, 2012 Sheet Effective Jan. 1, 2013 B/L 5793

Council Meeting Date: Feb 3, 2009 Agenda Item #: 7.1

PROVINCIAL OFFENCES PROCEDURE ACT

OFFICE CONSOLIDATION

BYLAW NO CONSOLIDATION OF A BYLAW OF THE CITY OF MEDICINE HAT to control the use of streets in the City.

BY LAW # Village of Cremona Water Wastewater

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

20-13 NEWTON ORDINANCES CIVIL FINES AND MISCELLANEOUS OFFENSES ARTICLE II. NOISE

A BY-LAW TO PROHIBIT AND REGULATE NOISES LIKELY TO DISTURB THE INHABITANTS OF THE TOWN OF LINCOLN

BEING A BYLAW OF THE TOWN OF STRATHMORE IN THE PROVINCE OF ALBERTA TO REGULATE THE TRANSPORTATION OF DANGEROUS GOODS.

BYLAW #797A OF THE TOWN OF KILLAM IN THE PROVINCE OF ALBERTA

BY-LAW NUMBER WHEREAS the Municipal Act, R.S.O. 1990,c.M.45 as amended authorizes the councils of local

TOWN OF DEVON SMOKING BYLAW. BYLAW 763/2004 amending bylaw 763/2004 and 777/2006. (Office Consolidation)

DISTRICT OF MACKENZIE BYLAW NO A bylaw to regulate noise within the District of Mackenzie

CITY OF COLD LAKE BYLAW # 611-PL-17 A BYLAW OF THE CITY OF COLD LAKE, IN THE PROVINCE OF ALBERTA, TO REGULATE THE OPERATION OF TAXIS WITHIN THE CITY

SUMMARY PROCEEDINGS ACT

CITY OF COQUITLAM BYLAW NO. 1233, 1982

PART A NOISE CONTROL ORDINANCE. a. Title. This ordinance shall be known and may be cited as the "State College Noise Control Ordinance.

The Motor Dealers Act

VILLAGE OF RYCROFT BYLAW #93-09

CITY OF QUESNEL BYLAW NO A Bylaw to regulate the use of municipal water services.

NOISE AND NUISANCE BYLAW

CITY OF GRANDE PRAIRIE OFFICE CONSOLIDATION BYLAW C-1293

CITY OF MIDWAY ORDINANCE NO TITLE: AN ORDINANCE RELATING TO PROHIBITING AND CONTROLLING NOISE DISTURBANCE.

Town of Taber Bylaw. Community Standards Bylaw

DISTRICT OF COLDSTREAM BYLAW NO. 1464, 2005

BYLAW NO ANIMAL CONTROL BYLAW

The Summary Offences Procedure Act, 1990

The Corporation of the City of Kawartha Lakes. By-Law A By-law to Licence Motor Vehicle Racing and Motor Vehicle Racing Facilities

HIGHWAY TRAFFIC BILL. No. 78 of An Act to amend The Highway Traffic Act (No. 2)

Transcription:

BY-LAW No. 549/07 Of the VILLAGE OF BAWLF In the PROVINCE OF ALBERTA A BYLAW OF THE VILLAGE OF BAWLF IN THE PROVINCE OF ALBERTA FOR THE PURPOSE OF PROHIBITING, ELIMINATING OR ABATING NOISE. WHEREAS the Municipal Government Act, RSA 2000, c. M-26, as amended, repealed or replaced from time to time provides that a Council of a Municipality may pass a bylaw respecting the safety, health and welfare of people; the protection of people and property, respecting people, activities and things in, or near a public place or place that is open to the public; AND WHEREAS the Traffic Safety Act, RSA 2000, c. T-6, as amended, repealed or replaced from time to time provides that a Council of a Municipality may make bylaws defining what constitutes objectionable Noise, devising a system or method of determining or measuring that Noise, and prohibiting the operation of Motor Vehicles that in any manner make objectionable Noise; NOW THEREFORE THE COUNCIL OF THE VILLAGE OF BAWLF, in the Province of Alberta, duly assembled, enacts as follows: 1. SECTION 1 SHORT TITLE This Bylaw may be cited as the Noise Control Bylaw. 2. SECTION 2 DEFINITIONS 2.1 Construction Equipment includes all equipment commonly used in construction, including but not limited to a riveting machine, concrete mixer, gravel crusher, steam shovel, trenching machine, dragline, backhoe, air or steam compressor, jackhammer or pneumatic drill, bulldozer, font-end loader, motor scraper, motor grader, or any other tool, device, or machinery of a noisy nature. 2.2 Construction Noise means noise caused by construction equipment. 2.3 Council means the Council of the Village. 2.4 Development Officer means a Development Officer/Engineering Technician, or designate, for the Village and whatever subsequent title may be conferred on that officer by Council or statute. 2.5 Enforcement Officer means a Bylaw Enforcement Officer appointed by the Village pursuant to the Municipal Government Act, as amended, repealed or replaced from time to time and includes a member of the Royal Canadian Mounted Police and, when authorized, a Special Constable. 2.6 Holiday means any day declared as such by Municipal, Provincial, or Federal authority and includes Sundays. 2.7 Land Use Bylaw shall mean the Land Use Bylaw currently in force, as amended,

repealed or replace from time to time of the Village. 2.8 Motor Vehicle means Motor Vehicle as defined in the Highway Traffic Act, as amended, repealed or replaced from time to time. 2.9 Noise means any sound that in the opinion of a complainant or an Enforcement Officer is excessive given the nature of the sound, time of day, location, purpose, duration, or any other factor that in the opinion of the officer is relevant. 2.10 Off-Highway Vehicle means an Off-Highway Vehicle as defined in the Traffic Safety Act, as amended, repealed or replaced from time to time. 2.11 Person includes an individual, partnership, corporation, trustee, executor or administrator. 2.12 Village means the Village of Bawlf. 2.13 Violation Tag means a ticket or similar document issued by the Village pursuant to the Municipal Government Act R.S.A. 2000, c.m-26, as amended, repealed or replaced from time to time and as referred to in Section 6 below. 2.14 Violation Ticket means a ticket issued pursuant to Part II of the Provincial Offences Procedures Act, R.S.A.2000, c.p-34, as amended, repealed or replaced from time to time and regulations there under, and as referred to in this bylaw. 3. SECTION 3 VIOLATIONS 3.1 except to the extent permitted by this bylaw, no Person shall cause, or permit any other Person to: 3.1.1 cause a Noise within the Village; 3.1.2 operate a Motor Vehicle that causes a Noise within the Village; 3.1.3 operate an Off-Highway Vehicle that causes Noise within the Village 3.1.4 cause any non-essential noise between 2200hrs of one day and 0700hrs of the next day or between 2200hrs of one day and 1200hrs of the next day if that next day is a holiday. 3.2 No person shall allow property under his or her ownership or control to be used in such a way that there is Noise originating from the property. 4. SECTION 4 PERMITS AND NON-APPLICATION OF BY-LAW Residents of the municipality may apply for a permit suspending the provisions of this bylaw. 4.1 The Development Officer or Village Administrator may, upon written request, issue permission in writing to a Person for the purpose of suspending the provisions of this bylaw, and the written permission shall specify the dates

and hours during which Noise may occur (the Permit ). 4.2 The Development Officer or Village Administrator may refuse to issue a Permit, or impose any terms or conditions upon a Permit. 4.3 The applicants for a Permit may provide Council with a written request to review either the refusal of an issuance of a Permit or any condition(s) of the Permit to Council within thirty (30) days of the receipt of a refusal, or the receipt of issuance of the Permit. 4.4 On review under Section 4.3, Council may refuse a Permit, confirm a Permit, issue a Permit upon any terms or conditions, or vary the term(s) or condition(s) of a Permit. The decision of Council is final. 4.5 A person who has been issued a permit under this section shall produce it to an Enforcement Officer upon demand. 4.6 This bylaw does not apply: 4.6.1 to work carried on by the Village or its agents, contractors, servants, or employees, acting within the scope of their agency, contract, or employment, as the case may be, or 4.6.2 to the performance of any industrial activity of any Person on land where: 4.6.2.1 the industrial activity is: (a) a permitted use within Districts and under the Land Use Bylaw; or (b) an approved discretionary use within Districts and under the Land Use Bylaw; or (c) a non-conforming use as defined in the Municipal Government Act; as amended, and 4.6.2.2 the Noise is generated pursuant to work done in the normal manner to that end; and 4.6.2.3 the Noise generated outside the time frames of 0700hrs and 2200hrs of any day and 1200hrs and 2200hrs on Holidays is due to causes not under the control of said industry, and 4.6.2.4 provided the owner or operator of the industry provides the Village a written list specifying and explaining conditions that would result in the industry generating noise outside the above stated time frames, and 4.6.2.5 the Village may accept, modify or reject any or all conditions listed and explained upon receipt of such list, or

4.6.2.6 upon receipt of written complaints from village residents, and provided such complaints clearly explain why the complainant feels aggrieved, may review and accept, modify, or disallow any items on such list. 4.6.3 to Persons using power tools, or using domestic equipment including, but not exclusive to, lawn mowers, snow blowers, garden tillers and built-in vacuum cleaners that are vented to the outside, and Persons owning or controlling property upon which such equipment is used if: 4.6.3.1 the Noise is of a temporary or intermittent nature; and 4.6.3.2 the equipment is properly maintained and operated in a normal manner for that type of equipment; and 4.6.3.3 the work is done between 0700hrs and 2200hrs of any day and between 1200hrs and 2200hrs on Holidays. 4.6.4 to Persons using air conditioning and cooling units in either domestic or commercial use if the units are properly maintained and are operated in a normal manner. 4.6.5 to Persons using power-generating machinery that provides electricity to operate essential heating, cooling, or freezing equipment during interruptions in service normally provided by an electrical utility. 4.6.6 To Persons starting or operating motor vehicles outside the time frame of this bylaw provided: 4.6.6.1 all sound suppression systems on said vehicle are installed and maintained, and functioning, and 4.6.6.2 the operator does not allow the vehicle to warm up for a time longer than the minimum time specified by the engine manufacturer, and 4.6.6.3 the operator of said motor vehicle operates said vehicle as quietly as possible, and 4.6.6.4 the operator of said vehicle uses a route out of the village that will have minimum impact on village residents, 4.6.6.5 upon receipt of written complaints that clearly explain why the complainant feels aggrieved, the Village may: a. demand that the owner or operator of said vehicle provide documentation from a source certified to provide such documentation that the sound suppression system on said vehicle is installed, maintained and functioning within specifications determined by the Province of Alberta, and/or b. specify the route to be taken by the operator of said vehicle in

leaving the village. 5. SECTION 5 AUTHORIZATION TO INSPECT 5.1 An Enforcement Officer may, provided reasonable notice has been given the owner or occupier of the land unless an emergency or extraordinary circumstance exists, enter any land, building or premises to inspect for conditions that may constitute a contravention of this bylaw. 5.2 If a Person refuses or interferes with the entry, inspection or enforcement of this bylaw, the Village may apply to the Court of Queen s Bench for an Order restraining that person from preventing or interfering with the entry, inspection, or enforcement or any other action as the Court may order in accordance with Section 543 of the Municipal Government Act, as amended. 6. SECTION 6 PENALTIES 6.1 Any person who violates or contravenes or allows, permits, or causes a person to violate or contravene any provision of this bylaw, is guilty of an offense and shall be liable on summary conviction before a Provincial Court Judge to a penalty as specified in Schedule A.1 of this bylaw. 6.2 In addition to the fines stipulated in section 6.1, a Provincial Court Judge may make any other order deemed appropriate concerning a breach of this bylaw. 6.3 An Enforcement Officer may direct any Person who has caused or made a Noise, or any Person who owns or controls property from which Noise has originated, to abate or eliminate the Noise. Such a direction may be verbal or written. 6.4 Notwithstanding Sections 6.1 or 6.3 of this bylaw, an Enforcement Officer may issue a violation tag to a person who the Enforcement Officer has reasonable and probable grounds to believe has contravened any provision of this bylaw: (a) specifying a voluntary payment as described in Schedule A.2 of this bylaw; and (b) the person to whom the violation tag is issued may, in lieu of being prosecuted for the offence, pay to the Village or the Bylaw Enforcement Officer the penalty specified within the time period indicated on the violation tag. 6.5 A violation tag shall be deemed to have been sufficiently served if (a) served to the accused directly, or (b) mailed to the address of the registered owner of the vehicle or person occupying a property, or (c) secured to the vehicle or property in respect of which the offense is alleged to have been committed.

6.6 In those cases where a violation tag has been issued and the penalty specified on the violation tag has not been paid within the prescribed time, then an Enforcement Officer may issue a violation ticket specifying that a voluntary payment be made as described in Schedule A.3 of this bylaw. 6.7 Notwithstanding Section 6.4 of this bylaw, an Enforcement Officer may immediately issue a violation ticket to any person who the Enforcement Officer has reasonable grounds to believe has contravened any provisions of this bylaw, specifying that (a) a voluntary payment be made as described in Schedule A.3 of this bylaw; or (b) if it is in the public interest to compel the accused to appear before a Judge, issue a summons respecting any offense for which a voluntary payment may be made requiring the accuse to appear before a Provincial Court Judge on the initial appearance date without the alternative of making a voluntary payment. 6.8 The levying and payment of any fines shall not relieve a person from the necessity of remedying the situation that created the violation of any section of this by-law.. 7. SECTION 7 - SEVERABILITY PROVISION 7.1 Should any provision of this bylaw be invalid, then such provision shall be severed and the remaining bylaw shall be maintained. 8. SECTION 8-REPEAL 8.1 Village of Bawlf Bylaw 529/04 is hereby repealed 9. SECTION 9 EFFECTIVE DATE 9.1 This Bylaw shall take effect on the date of passing thereof. READ A FIRST TIME THIS 19TH DAY OF JUNE, 2007. READ A SECOND TIME THIS 19TH DAY OF JUNE, 2007. READ A THIRD AND FINAL TIME THIS 19TH DAY OF JUNE, 2007 AND FINALLY PASSED. Mayor Administrator

BYLAW 549/07 SCHEDULE A Schedule A.1 (a) for a first offense, a fine of $300.00. (b) for a second offense, a fine of $600.00. (c) for a third and subsequent offense, a fine of not less than $1200.00. Schedule A.2 (a) for a first offense, a voluntary payment of $75.00. (b) for a second offense, a voluntary payment of $150.00. (c) for a third and subsequent offense, a voluntary payment of $300.00. Schedule A.3 (a) for a first offense, a voluntary payment of $150.00. (b) for a second offense, a voluntary payment of $300.00. (c) for a third and subsequent offense, a voluntary payment of $600.00.