Bylaw Amendment Assistant

TOWN OF MAIDSTONE '
BYLAW 6-85

A BYLAW OF THE TOWN OF MAIDSTONE IN THE PROVINCE OF
SASKATCHEWAN TO CONTROL AND REGULATE NOISE.

The Council of the Town of Maidstone, in the Province of '
Saskatchewan, enacts as follows:
1. This Bylaw may be cited as "The Noise Bylaw". i
2. In this Bylaw, including this Section:

a) "Municipality" means the Town of Maidstone.

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. i

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 i
the premises. .

e) Premises" means the area contained within the boundaries |
of ony lot and includes any building situated within
such boundaries. Provided, however, that where any |
buildingcontains 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
consteucted as a dwelling for human beings.

g) "Signalling 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.

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 loud noise, or any unnecessary noise, or i
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 j
allow to be continued, any noise whatsoever which either

annoys, disturbs, injures, endangers or detracts from H

the comfort, repose, health, peace or safeg of other
persons within the limit of the municipality.

7.

3)

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 of any
type or a model aircraft driven by an internal combustion
engine in any residential district between the hours of:

a)
b)

No person who owns, keeps, houses, harbors or allows to stay
in his premises a dog shall allow such dog to bark or howl
excessively.

No person being the owner or occupant of ony 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-player, tape recorder, television
set, musical instrument, or any other apparatus, appliance,
device or machine used for the production or amplification of
such sound, either in or on private premises in a residential
orea 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

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 offence against this Bylaw.

11:00 o'clock in the evening and 7:00 o'clock of the
next forenoon on weekdays;

11:00 otclock in the evening and 7:00 o'clock in the
forenoon of the following day which is a holiday.

Except in an emergency, no person shall carry on the constructipn,

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 11:00
o'clock in the evening and before the hour of 6:00 o'clock
in the morning of any day. i
Except in an emergency, no person shall operate or allow to be
operated a cement mixer, a cement mixer truck, @ 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 bulidozer or ony other tool, device or machine of a noisy

nature, so as to create a noise which may be heard in any residpnce

between the hours of 11:00 o'clock in the evening and 6:00

o'clock in the morning.
ADVERTISING NOISES

ringing bells, blowing whistles, calling loudly, playing music,,
playing any type of musical 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

No person shall advertise any event or merchandise by

, oF 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 twenty minutes while stationary in a residentiol
district.

JAKE BRAKES - RETARDANT BRAKES

11. No person shall use retardant brakes so as to make excessive

noise.

EXCEPTIONS -:
12. The provisions of this Bylaw shall not apply to: |

a) the ringing of bells in churches, religious establishmentk
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 motor vehicles’ horns or the use of sound
amplification equipment used in connection with any
parade

d) the moderate playing of nusical instruments appropriate
to any religious street service

e) the sounding of a general or a particular alarm or
worning to announce a fire or other emergency or disaster

f) the sounding of a factory whistle and similar devices at
normal appropriate times |

g) the sounding of police whistles or the sirens on any '
vehicle used by the police or fire department or on any
maintenance vehicle or ambulance. |

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

i) the use ina reasonable manner of any apporatus or
mechanism for the amplification of the human voice or of
music in a public park or any other commodius space in i
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

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reason,

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PENALTIES
13, Any person who contravenes any provision of this Bylow is
guilty of an offence and is liable on summary conviction to:
First offence $25.00 minimum
Second offence $100.00 minimum to $300.00 maximum.
Passed in Council this 26thday of November, 1985,

Mayor
(seal)

Administrator

CERT