Noise Bylaw

BYLAW 1172


THE CORPORATION OF THE CITY OF REVELSTOKE
BY-LAW NO. 1172

____________________________________________________________________

A By-Law to Prohibit or Regulate Noises within the Limits of The Corporation
of the City of Revelstoke.
____________________________________________________________________

WHEREAS pursuant to the provisions of Section 870(c) of the Municipal Act the Council of the Corporation of the City of Revelstoke may, by by-law, regulate or prohibit the making or causing of noises or sounds in or on a highway or elsewhere in the Municipality which disturb, or tend to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, or of persons in the vicinity, or which in the opinion of the Council are objectable or liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public, and may make different regulations or prohibitions for different areas of the Municipality;

AND WHEREAS the Council of the Corporation of the City of Revelstoke, in accordance with the provisions of Section 870(c) of the Municipal Act, deem it necessary to prohibit noises within the Municipal boundaries;

NOW THEREFORE, the Council of the Corporation of the City of Revelstoke, in open meeting assembled enacts as follows:

1. It shall be unlawful for any person to make or cause any noise or sound in or on a highway or elsewhere within the municipal boundaries of the City of Revelstoke which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood or of persons in the vicinity.

2. Without limiting the prohibition contained in Section 1 hereof, the Council is of the opinion that the following noises or sounds created or made in the circumstances described are objectionable or liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public and persons are specifically prohibited from making or causing to be made the said noises or sounds, that is to say:

(a) noise or sound made or caused by the discharge into the open air of the exhaust of any internal combustion engine except through a muffler or other device which effectively muffles noise therefrom;

(b) noise or sound made or caused by the sounding of a horn or other signaling device upon a motor vehicle as defined in the Motor Vehicle Act except when sounded as a danger or warning signal;

(c) noise or sound made or caused during the course of erecting (including excavating), demolishing, constructing, reconstructing, altering or repairing any building in any residential district so zoned under City of Revelstoke Zoning By-Law No. 1081, as now amended or as may be amended or re-enacted from time to time, other than on week days between the hours of 7:00 o'clock in the forenoon and 6:00 o'clock in the afternoon, except in the case of urgent necessity and in the interest of public health and safety and then only after a permit from the Superintendent of Works of the City of Revelstoke has been first obtained which permit may be limited as to the time during which work so permitted may be performed;

(d) noise or sound made by the excessive playing of any radio, phonograph, television, receiving set, musical instrument, or any device for the production or amplification of sound;

(e) noise or sound made by excessive yelling, shouting, whistling or singing.

The provisions of this By-Law shall not apply to or be enforced against:

(a) Any vehicle of the City of Revelstoke while engaged upon necessary public business.

(b) Any vehicle under the control of the Fire Department, while  responding to a fire alarm, or to any police officer or constable in the discharge of his duty, or to any licensed ambulance or to the use of any siren by the Fire or Police Department, or in connection with the operation of the ambulance.

(c) The use of bells or chimes for the announcing of Church services of all kinds.

(d) The playing of dance music in any regularly licensed dance hall between the hours of eight o'clock in the afternoon and two o'clock in the forenoon.

(e) Any business or industry established in accordance with the City of Revelstoke Zoning By-Law No. 1081, as now amended or as may be amended or re-enacted from time to time, in any area designated as approved for that type of operation provided that all precautions are taken according to the latest and most up to date scientific methods for abating, controlling or limiting noise, arising from the industry conducted, so that the same may be as free from neighbourhood offence as possible.

(f) Any work carried out during restricted hours with permission of the Superintendent of Works in writing pursuant to Section 2(c) specifying the time during such restricted hours when such work may be performed. Any person who violates any of the provisions of this By-Law, or who suffers or permits any act or thing to be done in contravention of this By-Law, or who neglects to do or refrains from doing any act or thing which is required by any of the provisions of this By-Law to be done shall be guilty of an offence and shall be liable upon summary conviction therefore to a penalty not exceeding Five Hundred Dollars ($500.00) for every such violation.

The provisions of the City of Revelstoke Prohibition of Noises By-Law No. 718, 1961 and any amendments thereto are hereby repealed.

This By-Law may be cited for all purposes as the Corporation of the City of Revelstoke Noise Abatement By-Law No. 1172, 1979.

READ A first time this 13th__________ day of August_______, 1979

READ A second time this 13th__________ day of August______, 1979

READ A third time this 13th__________ day of August_______, 1979




CONSIDERED AND ADOPTED this ____27th_______ day of August____, 1979




MAYOR




I hereby certify that the foregoing is a true and correct copy of By-Law No. 1172, 1979.






___________________________ ___________________________
CLERK MAYOR




I hereby certify that the foregoing is a true and correct copy of By-Law No. l284, l985.



__________________________
CLERK

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