A Bylaw to provide for the regulation and Prohibition of certain noises and sounds

WHEREAS Section 932(c) of the Municipal Act provides Council with the authority, by bylaw, to regulate or prohibit the making or causing of certain noises or sounds within the Municipality; and
WHEREAS the Council of the Municipality deems it necessary and desirable to regulate or prohibit noises or sounds which disturb the quiet, peace, rest, enjoyment, comfort or convenience of neighborhoods, person(s) in the vicinity, or the public;
NOW THEREFORE the Municipal Council of the Village of Anmore, in open meeting assembled, enacts as follows:

Citation
1. This Bylaw may be cited for all purposes as “Anmore Noise Control Bylaw No. 380-2004."

Definition
2. In this Bylaw:
 (a)     Bylaw Enforcement Officer means every person designated by Council as a Bylaw Enforcement Officer for the Municipality, and every Police Officer.
 (b)     Council means the Municipal Council of the Village of Anmore.
 (c)     Construction Noises means noise from commercial construction, specifically the erection, demolition, construction, reconstruction, alteration or repair of
           any building and the construction or installation of subdivision infrastructure including heavy equipment and trucks
 (d)     Holiday means New Year’s Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day,
            Remembrance Day, Christmas Day and Boxing Day.
 (e)     Municipality means the area within the municipal boundaries of the Village of Anmore.

General Prohibited Noises and Sounds
3.     No person shall make or cause in the Municipality any noise or sound which disturbs the quiet, peace, rest, enjoyment, comfort or convenience of the
        neighbourhood.
4.     No owner or tenant of real property shall allow that property to be used so that a noise or sound, which originates from that property disturbs the quiet,
        peace, rest, enjoyment, comfort or convenience of the neighborhood.
5.     No person shall keep any animal which by its calls, cries, barks, or other noises disturbs the quiet, peace, rest, enjoyment, comfort, or convenience
        of the neighborhood.
6.     The use of engine retardant brakes on all trucks in the Village of Anmore are not permitted at any time.

Exemption
8.     This Bylaw does not apply to:
        (a)     police, fire, or other emergency vehicles proceeding upon an emergency;
        (b)     the operation of maintenance equipment by the Village of Anmore or agents acting on their behalf;
        (c)     property owners working on their own property and creating reasonable work noises from 7:00 a.m. to 7:00 p.m. Monday thru Friday,
                 9:00 a.m. to 6:00 p.m. on Saturdays and 10:00 a.m. to 4:00 p.m. on Sundays and holidays. 

Inspections
9.     A Bylaw Enforcement Officer may enter on any property at any reasonable time for the purpose of ascertaining whether the regulations and requirements
        of this Bylaw are being observed. No person shall obstruct the entry of a Bylaw Enforcement Officer under this section.

Offences and Penalties
10.     Any person who contravenes Sections 3, 4, 5, 6 or 8 of this Bylaw is liable upon summary conviction to a fine not exceeding $2,000.00 and the costs
          of the persecution. Every day during which there is an infraction of this Bylaw shall constitute a separate offence.

Qualification
11.     Not withstanding all of the above the Village of Anmore has the right, authority and obligation to ensure that unreasonable noises, at any time, that disturb
          others in the Village are not permitted.

Severability
12.     If any portion of this Bylaw (including without limitation all or part of Section 7) is held to be invalid by a Court of competent jurisdiction, such invalidity
          shall not affect the remaining portion so the Bylaw.”

Repeal
13.     Anmore Noise and Nuisance Control Bylaw No. 182-1996 is repealed and replaced by this Bylaw.