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1745-11 Noise (Hamlets)COUNTY OF NEWELL IN THE PROVINCE OF ALBERTA BYLAW NO. 1745 -11 A Bylaw of the County of Newell, in the Province of Alberta, to prohibit certain activities creating noise and to abate the incidence of noise and restrict the hours when certain sounds may be made. WHEREAS Section 8 of the Municipal Government Act, R.S.A. 2011 c. M -26, provides that Council may pass bylaws for the regulation and prohibition of certain activities; AND WHEREAS the incidence of noise in all Hamlets of the County of Newell are such that the Council of the County of Newell deems it expedient that a Bylaw be made restricting, mitigating, and abating activities which give rise to unnecessary noise in the aforementioned Hamlets, especially during hours normally used for sleeping; AND WHEREAS the intent of this Bylaw is that all noise shall be reduced as far as possible to be compatible with the normal activities of urban life and that unnecessary noise be eliminated. NOW THEREFORE, the Council of the County of Newell in the Province of Alberta, duly assembled, enacts as follows: 1. This Bylaw may be cited as the Hamlet Noise Bylaw." 2. In this Bylaw: a. "Chief Administrative Officer" shall mean the Chief Administrative Officer of the County of Newell and anyone acting or authorized by the Chief Administrative Officer to act on his behalf. b. "Commercial District" means those areas of the Hamlets of Lake Newell Resort, Patricia, Rainier, Rolling Hills, and Scandia classified as being Hamlet Commercial Districts under the Land Use Bylaw. c. "Holiday" means any statutory holiday as defined in the Interpretation Act, R.S.A. 2000, c. 1 -8. d. "Land Use Bylaw" means the Land Use Bylaw of the County of Newell. e. "Residential Building" means a building which is constructed as a dwelling for human beings and includes a hotel or motel. f. "Residential District" means those areas of all Hamlets within the County of Newell classified as being Hamlet Residential Districts under the Land Use Bylaw. g. "Hamlets" means all Hamlets within the County of Newell. 3. GENERAL PROHIBITION a. Except to the extent allowed under this Bylaw, no person shall make, continue to make, or cause or allow to be made or continued any loud, unnecessary, or unusual noise or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of other persons within the Hamlets. Bylaw 1745 -11 b. What constitutes 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 others is a question of fact to be determined by the court which hears the prosecution of an offense against this Bylaw. c. Where an activity which is not specifically prohibited or restricted by any legislation of Canada or the Province of Alberta or by this Bylaw involves making a sound, which: i. is or may be or may become; or ii. creates or produces or may create or produce a disturbance or annoyance to other people or a danger to the comfort, repose, health, peace, or safety of others, a person engaged in that activity shall do so in a manner creating as little sound as practicable under the circumstances. 4. MOTOR VEHICLE NOISES a. The failure of a person to comply within the Hamlets with the following provisions of the Vehicle Equipment Regulation: The prohibition against the use of signalling devices on motor vehicles, motorcycles, or bicycles so as to make more noise than is reasonably necessary for the purposes of giving notice or warning to other persons on the highway, ii. The restrictions on the type or use of mufflers and similar equipment on motor vechicles, iii. The prohibition against equipping a vehicle other than those specified with a siren, constitutes a violation of this Bylaw in addition to and not in substitution for the offense under the Traffic Safety Act, R.S.A. 2000, c. T -6. b. Where a person operates a vehicle of any type on a street in a residential zone at any time in such a way as to unduly disturb the residents of that street, that person is guilty of an offense under the Bylaw in addition to and not in substitution for any offense of which that person may be guilty under the Traffic Safety Act. c. Subsection (b) does not apply to work on a Hamlet street or on a public utility carried on by: i. County of Newell Public Works Department ii. Utility Operators iii. A contractor working for the County of Newell or a Utility Operator. 5. DOMESTIC NOISES a. A person who owns, keeps, houses, harbors, or allows to stay on his premises an animal which disturbs persons in the vicinity of his home, is guilty of an offense under this Bylaw. 6. CONSTRUCTION NOISES a. This does not apply to work of an urgent nature being carried out by the County of Newell Public Works Department or a Utility Operator. 2 Bylaw 1745 -11 7. PENALTIES a. A person who contravenes any provision of this Bylaw is guilty of an offense and liable on summary conviction to a fine in the amount of $500.00 or, in default of payment of the fine and costs, to imprisonment for a period not exceeding thirty days or until such fine and costs, including costs of committal, are sooner paid. This Bylaw comes into effect on the date of third and final reading and rescinds Bylaw 958 -88 of the County of Newell. December 8, 2011 MOVED BY COUNCILLOR A. EASTMAN that Bylaw 1745 -11 receive FIRST reading as amended. MOTION CARRIED December 8, 2011 MOVED BY COUNCILLOR R. ANDREWS that Bylaw 1745 -11 receive SECOND reading. MOTION CARRIED December 8, 2011 MOVED BY COUNCILLOR B. DE JONG that consent be given for Bylaw 1745 -11 to receive third reading this 8th day of December, 2011. MOTION NOT CARRIED UNANIMOUSLY December 22, 2011 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1745 -11 be amended as follows: - References to specific hamlets will be changed to 'all hamlets within the County of Newell' - References to specific utility operators will be changed to `utility operators.' MOTION CARRIED January 5, 2012 MOVED BY COUNCILLOR L. JUSS that Bylaw 1745 -11 receive THIRD AND FINAL reading. !TION CARRIED, Reeve — Molly Douglass Chie trative Officer— Kevin Stephenson 3