Big White to have a Noise Bylaw

If a noise By-Law was in place, could it be enforced?

The Regional District of Kootenay Boundary has been asked to establish a noise bylaw on behalf of Big White's Community Resident's Association. This was in response to complaints of excessive noise, particularly in private accomodations and out-of-doors by groups of late night revellers. Brian S. Garvie, Director of Operations for the Southern Interior of BC Commissionaires spoke at the Big White Community Association's Annual General Meeting on November 9th about their limitations and duties. This brought up a heated debate over the possibility of a noise By-Law. What the procedures and steps to having a By-Law and how and if the BC Comissionaires could even enforce it. Several owners of condos are ready to sell their condos due to the late night noise after the Bars close at 2 am. Currently it is not in the BC Comissionaires contract to enforce bylaws. Many owners agreed something needs to be done, but not sure if the BC Comissionaires will be able to improve the situation. Wayne Hill, co-chair of the Community Resident's Association commented that the proposed bylaw* would not be Commisionaire-enforced in buildings with a building manager, since such locations already have noise restrictions and a means to enforce them.

(*Local bylaws; In the public law of some jurisdictions, bylaws are codes and regulations adopted by and governing matters within the purview of sub-state entities, such as parking, zoning, and retail business licensing. See: ordinance.)

DRAFT PROPOSAL FOR BIG WHITE NOISE BYLAW

I, _____________________, Director of _________________ for the Regional District of Kootenay Boundary, do hereby certify that the following 5 pages comprise a true and correct copy of Bylaw No. XXX which was adopted by the Regional Board on the ___day of ______, 2006.

Dated at _____________, BC this _____________________________

______day of 20 , Director of ?????

REGIONAL DISTRICT OF KOOTENAY BOUNDARY

BYLAW NO. XXXXX

_____________________________________________________________________

Being a Bylaw to regulate and prohibit the making or causing of noises and sounds within the area know as the Big White Ski Resort within Area “E” (officially known as “E – Big White”) of the Regional District of Kootenay Boundary.

______________________________________________________________________

WHEREAS by Section 932 (c) of the Municipal Act and Supplementary Letters Patent, the Regional Board, may by by-law, regulate or prohibit the making of causing of noises or sounds in or on the highway or elsewhere in the Big White Ski Area which disturb or tend to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood, or of any persons in the vicinity, or which in the opinion of the Regional Board are objectionable 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 Regional District, such as at the Big White Ski Resort.

AND WHEREAS it is the opinion of the Regional Board that regulations and prohibitions must be instituted to control objectionable sounds and sounds liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public;

AND WHEREAS Regional Board may make different regulations or prohibitions for different areas of the District;

AND WHEREAS the Regional Board believes noises made contrary to the regulations and permitted noise levels in this Bylaw are objectionable or liable to disturb the quiet, peace, rest and enjoyment, comfort or convenience of individuals or the public;

NOW THEREFORE, THE REGIONAL BOARD OF THE REGIONAL DISTRICT OF KOOTENAY BOUNDARY IN OPEN MEETING ASSEMBLE ENACTS AS FOLLOWS:

Title

This Bylaw may be cited for all purposes as the “NOISE CONTROL BYLAW No. XXX”.

DEFINITIONS

1. Words defined in the “Motor Vehicle Act” and the “Local Government Act” shall have the same meanings when used in this Bylaw.

2. In this bylaw, unless the context otherwise requires:

(a) Big White Ski Resort means a specific area within the Electoral Areas of the Regional District of Kootenay Boundary, and specifically means the part of the Big White Ski Area that lies within the boundaries of the Electoral Area “E”, officially known as “E – Big White”.

(b) “Regional Board” shall mean the Regional Board of the Regional District of Kootenay Boundary.

(c) Highway includes all public streets, roads, ways, trails, lanes, bridges, trestles, and any other public way at Big White.

(d) “Bylaw Enforcement Officer” means every person designated by Regional Board as a Bylaw Enforcement Officer, and includes every Peace Officer;

(d) “Peace Officer” shall have the same meaning as in the “Interpretation Act”, being Chapter 206 of the Revised Statutes of British Columbia, 1979, and shall also include the person or persons who are appointed to enforce and administer this bylaw;

(e) “Person” includes any company, corporation, owner, partnership, firm, association, society or party;

(f) “Property” means real property and includes land, stratas, together with all improvements which have been so affixed to the land and stratas so as to make them in fact and in law a part thereof.

Prohibited Noises and Sounds

1. No person shall make or cause, or permit to be made or caused, in or on a highway or elsewhere on property within the Big White Ski Area, any noise or sound which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood or of persons in the vicinity.

2. No owner or occupier of real property shall use such real property, or permit such real property to be used, so that noise or sound which emanates from that real property disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood or of persons in the vicinity.

3. Without limiting the generality of Section 1 or 2 of this Bylaw, no person shall:

(a) Operate or play any musical instrument, radio, stereophonic equipment, or other device for the production or amplification of sound, or permit such devices to be operated or played, in the Area in such a manner as to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood or of persons in the vicinity; or

(b) Permit any animal, by its calls, cries, barks, or other noises or sounds, to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood or of persons in the vicinity.

4. Without limiting the generality of Section 1, 2, or 3 of this Bylaw, the Regional Board believes that the following noises or sounds are objectionable:

(c) any amplified music or speech which is audible between the hours of 11:00 p.m. and 7:00 a.m. outside the premises on the real property from which it emanates or is reproduced, or at any boundary of the real property from which it emanates or is reproduced;

(d) any amplified music or speech that is projected into any highway or public place located in the area outlined in bold on the Official Community Plan;

(e) any calls, cries, barks, or other noises or sounds made by an animal which are audible between the hours of 11:00 p.m. and 7:00 a.m. outside the premises where the animal is kept or at any boundary of the real property where the animal is kept;

(f) any noise or sounds made by the operation of any machinery or equipment between the hours of 11:00 p.m. and 7:00 a.m. in an area zoned to permit residential uses.

(g) any noise or sounds made in the construction, reconstruction, alteration, repair or demolition (“Construction Noises”) of any building, structure, or thing, including the excavation or filling of land, between the hours of 11:00 p.m. and 7:00 a.m. in an area zoned to permit residential uses and between the hours of 11:00 p.m. and 7:00 a.m. in an area zoned to permit industrial uses;

Exemption

1. This Bylaw does not apply to noises or sounds produced by:

(a) Police, fire, or other emergency vehicles proceeding upon or engaged in an emergency;

(b) The excavation, filling, construction, reconstruction, alteration, or repair of streets, highways, bridges, public works, infrastructure, or lands by the Big White’s employees or agents;

(c) Boulevard and other public grounds maintenance operations;

(d) Snow removal or highway cleaning operations;

(e) The use of bells or chimes for the announcing of public worship services;

(f) The operation of a public address system, or alarm system, required under a building or fire code;

(g) Avalanche control operations, or

(h) Snow making or grooming operations.

(i) Notwithstanding the provisions of this bylaw, a person, organization, or firm may apply for and receive from the Regional Board a permit for a special event or construction activity if such an exemption, in the Regional Board’s opinion, is in the public interest, in which case the requirements of this bylaw may be waived.

Inspection

5. 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

6. Any person who contravenes this Bylaw is liable upon summary conviction to a fine not exceeding $10,000.00 as determined by the Regional Board in consultation with the Big White Community Association, and the cost of prosecution. Every day during which there is an infraction under this Bylaw shall constitute a separate offence.

Severability

7. If any section or lesser portion of this Bylaw is held to be invalid by a Court, such invalidity shall not affect the remaining portions of the Bylaw.

Sections

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