BYLAW  No. 1-1993

A BYLAW TO CONTROL  AND REGULATE NOISE IN THE TOWN OF CUPAR

 

The Council of the Town of Cupar, 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 Cupar

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)        "occupant" means the owner, occupant or licensee of the premises or any person found on the premises at or around
   the time where 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)        "signaling device" 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;

h)        "weekday" means any day other than a holiday.

 

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 unusual noise.

                              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 made, 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

                                                municipality.

c)         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 or safety of other persons is a question of fact for a court which

            hears a prosecution of an offense against this Bylaw.

 

  1.       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 cleaning device

                  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)         Ten o'clock in the evening and seven o'clock of the next forenoon on

              weekdays or holidays.

 

  1.      No person who owns keeps, houses, harbors or allows to stay in his premises

           a dog, shall not allow such dog to bark or howl excessively.

 

  1.     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 player, tape recorded,    

          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.

 

CONSTRUCTION NOISES

  1.    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, after the hour of ten o'clock in the

         evening and before the hour of seven o'clock in the morning of any day.

  1.    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 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 ten o'clock in the evening and seven o'clock in the

         morning.

 

ADVERTISING

  1.    No person shall advertise any event or merchandise by ringing bells, blowing

         whistles, calling loudly, playing music, playing any type of musical instrument,

         playing or using any type of noise for the amplification of sound, or by any

         other audible means, on any street or other public place.

 

DIESEL MOTORS

  1.    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 twenty minutes while

         stationary in a residential district.

 

EXCEPTIONS

  1.   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 at any other time;

c)         the playing of a band, the sounding of a steam whistle, the sounding of a motor vehicles' horns or the use of
  sound amplification equipment used in connection with any parade;

d)        the moderate playing musical instruments appropriate to any religious street service;

e)         the sounding of a factory whistle 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 on 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;

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

  1.   Any person who contravenes any provision of this Bylaw is guilty of an offence

        and is liable on summary conviction to the penalties imposed in the General

        Penalty Bylaw of the Municipality.

 

 

Bylaw 1-93

Certified to be a true copy

Adopted by resolution of

Council January 12, 1993