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.
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.
a dog, shall not allow such dog to bark or howl excessively.
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
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.
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
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
pulling of a trailer to remain running for longer than twenty minutes while
stationary in a residential district.
EXCEPTIONS
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.
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