City Government

Bylaw C25-95 - Noise

CITY OF FORT SASKATCHEWAN

BEING A BYLAW OF THE CITY OF FORT SASKATCHEWAN, IN THE PROVINCE OF ALBERTA TO CONTROL NOISE WITHIN THE CITY CORPORATE BOUNDARIES.

WHEREAS, it is provided in, and by, the Municipal Government Act, S.A. 1994, Chapter M-26.1, as amended or replaced from time to time, Council may pass bylaws respecting the welfare of the citizens of Fort Saskatchewan, the protection of property, and nuisances; and

WHEREAS, it is desirable to regulate noise in the City of Fort Saskatchewan particularly where the type, source or location of such noise may annoy or disturb persons working or living in places affected by such noise; and

WHEREAS, the City of Fort Saskatchewan recognized the historical pattern of development in the City in that Residential Districts located near Heavy Industrial Districts have traditionally been in an area of higher noise concentrations than residences located elsewhere in Residential Districts; and

WHEREAS, the City of Fort Saskatchewan desires to continue with the historical pattern of development within the City.

NOW, THEREFORE, the Council of the City of Fort Saskatchewan duly assemble enacts as follows:

PART 2
DEFINITIONS
1."Approved Device", means a noise level meter used to measure sound pressure levels which Approved Device meets the International Electro-Technical Commission Standard No. 123 or the British Standard No. 3539, Part 1, or the U.S.A. Standard S1.4-1961.

2."City" means corporation of the City of Fort Saskatchewan or the area contained within the boundaries of the said City as the context requires.

3."Manufacturing Noise", means a Prohibited Noise which is caused or created by any form or type of manufacturing, mining or processing activity, and any associated machinery and equipment.

5.The various "Districts" defined in this Bylaw are as classified in the County of Strathcona No. 20 Land Use Bylaw #42-89 and City of Fort Saskatchewan Land Use Bylaw No. 1840, as amended.

6."Peace Officer", is, as defined in the Provincial Offences Procedures Act, S.A. 1988, Chapter P-21.5, and shall also mean any Bylaw Services or Bylaw Enforcement Officer appointed by the City.

2.What constitutes a Prohibited Noise is a question of fact to be determined by the court which hears the prosecution of an offense against this bylaw.

3.No person shall knowingly allow a Prohibited Noise to emanate from lands or premises of which the person is a registered owner or is under the person’s control or management within the City.

4.With exception to Manufacturing Noise, a Court may order a conviction against a person for violating this Bylaw, notwithstanding the fact that the sound complained of did not exceed the dBA permitted for that area where the Court is satisfied that the sound was a Prohibited Noise.

PART 4
SOUND LEVEL IN RESIDENTIAL DISTRICTS
1.No person shall cause, or permit to be caused, sound of a level exceeding 65 dBA to enter into, or occur within, a residential district during the hours of 07:01 and 22:00, or sound of a level exceeding 55 dBA during the hours of 22:01 and 07:00 unless the sound level originates in Rural or Recreational districts in which case, sound levels originating from those districts shall not exceed 55 dBA during the hours of 07:01 and 22:00 or 50 dBA during the hours of 22:01 and 07:00.

Sound levels shall be measured at or within the property of any occupied residential lot within any residential district.

2.Sound levels originating in districts other than Rural or Recreational may exceed 65 dBA as measured at or within the property of any occupied residential lot within any residential district during the hours of 07:01 and 22:00 if the sound is of temporary or intermittent nature and does not exceed the following limits:

PART 5
SOUND LEVEL IN COMMERCIAL DISTRICTS
1.No person shall cause, or permit to be caused, sound of a level exceeding 75 dBA, in a commercial district during the hours of 07:01 and 22:00, unless the sound is of a temporary and intermittent nature and does not exceed the following limits:

dBA 80 85

Hours per Day 1 Hour 30 Minutes

The time indicated herein is the total elapsed time during any one calendar day.

PART 6
SOUND LEVEL IN LIGHT INDUSTRIAL (M-1) DISTRICTS
1.No person shall cause, or permit to be caused, sound of a level exceeding 75 dBA, in a light industrial district, unless the sound is of a temporary and intermittent nature and does not exceed the following limits.

dBA 80 85

Hours per Day 1 Hour 30 Minutes

PART 7
EXEMPTION
1.The provisions of this bylaw do not apply to:

7.1.1 Emergency Vehicles

7.1.2 Construction of City approved buildings during the hours of 07:01 and 22:00

2.The use of motorized garden tools if:

 1.The sound level does not exceed 75 decibels (dBA) measured over a one (1) hour period; and

2.It is used for less than 3 hours during the daytime.

3.Work on a City street or a public utility carried out by the owner or operator of the public utility, or it contractors.

4.Any employee of the City when conducting work on behalf of the City, or persons owning or controlling property upon which such work takes place.

5.Cultural or recreational activities sanctioned by the City.

6.The use of agricultural machinery and the use of properly muffled.

PART 8
PENALTIES
1.Any person who contravenes the provisions of this bylaw, by means of Prohibited Noise, is guilty of an offense and liable upon summary conviction for the following fines:

a) first offence not less than $ 100.00

b) second offence not less than $ 250.00

c) each subsequent offence not less than $1,000.00

to a maximum fine of $5,000.00 for any single offence.

2.Any person who contravenes the provisions of this bylaw, by means of manufacturing Noise, is guilty of an offence and liable upon summary conviction for the following fines:

a) first offence not less than $ 500.00

b) second offence not less than $1,000.00

c) each subsequent offence not less than $5,000.00

to a maximum fine of $10,000.00 for any single offence.

PART 11
DATE OF EFFECT
1.This Bylaw No. C25-95 becomes effective upon third and final reading thereof.  

READ a first time in Council this 10th day of October A.D., 1995.

READ a second time in Council this 10th day of October A.D., 1995.

With unanimous consent of all members present, Bylaw No. C25-95 was presented for third reading.