Noise Bylaw

asquith pop2

TOWN OF ASQUITH

BYLAW NO. 5/89

A BYLAW TO CONTROL AND REGULATE NOISE

The council of the Town of Asquith, in the Province of Saskatchewan, enacts as follows:

1. This Bylaw may be cited as "The Noise Bylaw".

2. In this Bylaw, including this Section:

a) "Municipality" means the Town of Asquith;

b) "Holiday" means any holiday as defined in The Interpretation Act, or any holiday
proclaimed as such by the Municipality;

c) "Motor Vehicle" means a vehicle propelled or driven by any means other than by
muscular power;

            d) "Ocupant" means the owner, occupant or licensee of the premises or any person
                 found on the premises at or around the time the noise or sound issues from the
                 premises;

            e) " Premises" means 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;

f) "Residential Building" means a building which is constructed as a dwelling for human
beings;

g) "Signalling Device" means a horn, gong, bell, klaxon, sren, or other device producing

an audible sound for the purpose of drawing people's attention to an approaching
vehicle, including a bicycle;

h) "Weekday" means anyday other than a holiday.

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 allow to be continued to be

made, any noise, or 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 annoys, disturbs, injures, endangers or

detracts from the comfort, repose, health, peace or safety of other persons within

the limits of the Municipality.

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 and safety

of other persons is a question of fact for a court which hears a prosecution of an

offence against this Bylaw.

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 or

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 8 o'clock the forenoon of the following day which is a
holiday.

5. No person who owns, keeps, houses, harbours or allows to stray in his/her premises, a

dog, shall allow such dog to bark 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 music, 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 residential district in such

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.

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 the 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, after the hour of 10 o'clock in the evening and before the hour of 7 o'clock in the

morning of any weekday or 8 o'clock in the morning of any holiday.

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 a 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 of any weekday or 8o'clock in the morning of any holiday.

ADVERTISING NOISES

9. No person shall advertise any event or merchandise by ringing bell, blowing whistles,

calling loudly, playing music, playing any type of 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.

DIESEL MOTORS

10. No person shall allow the diesel motor of a tractor intended to be used for the pulling of

a trailer to remain running for longer than 20 minutes while 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 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 a
                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 police whistles or the sirens on any vehicle used by the police or fire
department or any ambulance or public service vehicle,

g) any use of sound amplification equipment used by the police, fire department or any
ambulance service or public service,

h) the sounding of motor vehicle horns when used within reason.

PENALTIES

12.       Any person who contravenes any provision of this Bylaw is guilty of an offense and is
           liable on summary conviction to the penalties imposed in the General Penalty Bylaw of
           the Municipality.

13. Bylaw No. 252 passed December 6, 1948 is hereby repealed.

14. This Bylaw shall come into force and take effect on final passing.

Read the third time and passed the 11^th day of September, 1989.

BYLAW 2/00

A BYLAW TO AMEND BYLAW NO. 5/89

RESPECTING CONTROL AND REGULATION OF NOISE

The Municipal Council of the Town of Asquith in the Province of Saskatchewan, hereby enacts as follows:

1. That the Bylaw No. 5/89 be amended by deleting clause 12 and inserting the following clauses:

            12(1) "Every person who commits a breach of any section of this Bylaw shall be guilty of
                      an offence and upon conviction, shall be liable to a penalty of one hundred and
                      fifty dollars ($150.00) for each offence,"

                (2) "A person in contravention of this Bylaw, upon being served notice of the violation
                       may, within seven (7) days, voluntarily pay a reduced penalty of twenty-five
                       dollars ($25.00),"

(3) "The Notice of Violation shall be as in Form 'A', attached and forming part of this Bylaw,"

(4) "Service of a Notice of Violation may be made by personal service upon such a
person; or by delivery to an adult person at the home of such person."

Read a third time and adopted this 2^nd day of October, 2000.

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