Victoria : Règlement no 03-012, art. 139(a) — Noise Bylaw

the erection, alteration, repair, relocation, dismantling, demolition and removal of a building; Bylaw current to February 1, 2015. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.

• (b) structural maintenance, power-washing, painting, land clearing, earth moving, grading, excavating, the laying of pipe and conduit (whether above or below ground), street or road building and repair, concrete placement, and the installation, or removal of construction equipment, components and materials in any form or for any purpose;
• (c) any work being done in connection with any of the work listed in paragraphs
• (a) or (b); “commercial premises” means premises used to sell, or offer for sale, goods or services; “C-weighted sound level” means the sound pressure level measured (in units of C-weighted decibels, or
• dBC) using the “C” weighting network of an approved sound meter; “daytime” means
• (a) from 7:00 a.m. to 10:00 p.m. on a week day or Saturday;
• (b) from 10:00 a.m. to 10:00 p.m. on a Sunday or holiday; “equivalent sound level or L eq” means that constant or steady A-weighted sound level which, in a given situation and time period, conveys the same sound energy as does the actual time-varying

A-weighted sound level, where L eq is measured using an integrating approved sound meter meeting ANSI S1.4 [1983], IEC 651 [1979] and IEC 804 [1984] specifications; “fast response” means the predetermined meter response setting of an approved sound meter having a 0.125 second time constant and meeting the specifications of ANSI S1.4 [1983] or IEC 651 [1979]; “frequency analysis” means the separation of sound into its various frequency components using an instrument such as a real-time analyzer; “Harbour Intermediate District” means those areas so described in this Bylaw and so indicated on the Noise District Map set out in Schedule A; Bylaw current to February 1, 2015. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. “holiday” means

• (a) New Year’s Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and December 26, and
• (b) the day following a day that is named in paragraph
• (a) and that falls on a Sunday; “impulsive sound” means any sound that has the following defining characteristics:
• (a) the onset is abrupt and the decay rapid, and
• (b) the duration of individual impulses is
• (i) less than one second, and
• (ii) brief compared to the occurrence rate; “Intermediate District” means those areas so described in this Bylaw and so indicated on the Noise District Map set out in Schedule A; “intermittent sound” means any sound or noise which is subject to rapid fluctuations in level of 5 dBA or more with the fluctuations occurring with a degree of regularity or repetitiveness at intervals of from 3 minutes to and including 5 minutes; “leaf blower” means a portable machine, used for blowing or sucking up leaves, grass or debris including backpack, handheld or rolling units and those that accept vacuum attachments, but excluding vehicle-mounted units; “motorcycle” means a motorized vehicle mounted on two or three wheels and, without restricting the generality of the foregoing, includes those motor vehicles commonly known as motorcycles, scooters and power bicycles; “motor vehicle” means a vehicle propelled by any power other than muscular power except motorcycles, aircraft or motor vehicles that run only upon rails; Bylaw current to February 1, 2015. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. “nighttime” means any time not included within the definition of daytime under this Bylaw; “point of reception” means a position that
• (a) is within the property line of the real property occupied by the recipient of

a noise or sound,

• (b) is located at least 1.2 m above the surface of the ground, and
• (c) best represents the location at which the noise or sound, emanating from another property, is received and the resulting disturbance experienced; “power equipment” means any equipment or machinery used in lawn and garden care or in building and property maintenance, including but not limited to leaf blowers, edge trimmers, rototillers, lawn mowers, pressure washers, carpet cleaning equipment and hand-operated power tools; “premises”
• (a) means the area contained within the boundaries of a legal parcel of land and any building situated within those boundaries, and
• (b) means that each unit, the common areas of the building, and the land within the apparent boundaries of the lot are each separate premises where a building contains more than one unit of commercial, industrial or residential occupancy; “Quiet District” means those areas so described in this Bylaw and so indicated on the Noise District Map set out in Schedule A; “representative time period” and “RTP” means the noise measurement period over which a sample of the level or character of the sound under consideration will be taken for the purposes of sections 5 to 8, according to the following categories of sound:
• (a) for constant sounds, such as, without limitation, those sounds produced by fixed-speed fans, heat pumps, pool pumps or other steadily-operating machinery, the RTP is 1 minute; Bylaw current to February 1, 2015. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
• (b) for sounds that fluctuate in level or character in a repeatable fashion over periods of from three seconds to one minute, such as, without limitation, those sounds produced by industrial or manufacturing processes, the RTP is 5 minutes;
• (c) for sounds that fluctuate in level or character in a repeatable fashion over periods of from 1 to 5 minutes, such as, without limitation, sounds produced by an air compressor or other cyclical noise sources, the RTP is 15 minutes;
• (d) for sounds that fluctuate in level and/or character in a repeatable fashion over periods of between 5 and 10 minutes, the RTP is 30 minutes;
• (e) where several noise sources operate simultaneously, each with its own patterns of operation and or movement, such as, without limitation, in a shipyard or a recycling/materials-handling operation, the RTP is 30 minutes;
• (f) for a noise source that exhibits significant variations in output over a time period of one hour or more, the RTP is the period known to, or expected to, generate the maximum overall noise levels at the point of reception; “residential premises” means any parcel of real property utilized primarily for residential accommodation, and includes hotels and motels; “tonal sound” means any sound which contains one or more pure tone components including without limitation the “hum” or a fan or heat pump or the “whine” of a hydraulic pump or power saw. Determining presence of tonal sound 4 For the purposes of the administration and enforcement of this Bylaw, the presence of tonal sound may be determined by conducting a one-third octave band frequency analysis of the noise (from 31.5 Hz. to 16 kHz.) and applying the following criteria if tonal sound is suspected but is not obvious:
• (a) the level of the one-third octave band under consideration, or, in the case of a pair of bands, the arithmetic average of the levels of these two bands, is more than 1 dB higher than the level of each of the adjacent bands on either side of the band, or pair of bands, under consideration, and
• (b) the difference between the level of the one-third octave band under consideration, or, in the case of a pair of bands, the arithmetic average of the levels of the two bands, and the arithmetic average of the two adjacent bands on either side of the band or pair of bands under consideration, is 3 dB or more. Bylaw current to February 1, 2015. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. PART 2 – NOISE LEVELS Quiet District permitted noise levels 5 In a Quiet District a person must not make, cause or permit to be made or caused, any sound or noise that, when measured with an approved sound meter over a representative time period, has an equivalent sound level, or L eq, which
• (a) during the daytime exceeds
• (i) 55 dBA when received at a point of reception in a Quiet District;
• (ii) 55 dBA when received at a point of reception in an Intermediate District;
• (iii) 55 dBA when received at a point of reception in a Harbour Intermediate District;
• (iv) 60 dBA when received at a point of reception in an Activity District, or
• (b) during the nighttime exceeds
• (i) 45 dBA when received at a point of reception in a Quiet District;
• (ii) 50 dBA when received at a point of reception in an Intermediate District;
• (iii) 50 dBA when received at a point of reception in a Harbour Intermediate District;
• (iv) 60 dBA when received at a point of reception in an Activity District. Intermediate District permitted noise levels 6 In an Intermediate District a person must not make, cause or permit to be made or caused, any sound or noise that, when measured with an approved sound meter over a representative time period, has an equivalent sound level, or L eq, which
• (a) during the daytime exceeds
• (i) 60 dBA when received at a point of reception in a Quiet District;
• (ii) 60 dBA when received at a point of reception in an Intermediate District;
• (iii) 60 dBA when received at a point of reception in a Harbour Intermediate District;
• (iv) 65 dBA when received at a point of reception in an Activity District, or
• (b) during the nighttime exceeds:
• (i) 50 dBA when received at a point of reception in a Quiet District;
• (ii) 55 dBA when received at a point of reception in an Intermediate District; Bylaw current to February 1, 2015. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
• (iii) 55 dBA when received at a point of reception in a Harbour Intermediate District;
• (iv) 65 dBA when received at a point of reception in an Activity District. Harbour Intermediate District permitted noise levels 7 In a Harbour Intermediate District a person must not make, cause or permit to be made or caused, any sound or noise that, when measured with an approved sound meter over

a representative time period, has an equivalent sound level, or L eq, which

• (a) during the daytime exceeds
• (i) 60 dBA when received at a point of reception in a Quiet District;
• (ii) 60 dBA when received at a point of reception in an Intermediate District;
• (iii) 60 dBA when received at a point of reception in a Harbour Intermediate District;
• (iv) 65 dBA when received at a point of reception in an Activity District, or
• (b) during the nighttime exceeds
• (i) 50 dBA when received at a point of reception in a Quiet District;
• (ii) 55 dBA when received at a point of reception in an Intermediate District;
• (iii) 55 dBA when received at a point of reception in a Harbour Intermediate District;
• (iv) 65 dBA when received at a point of reception in an Activity District. Activity District permitted noise levels 8 In an Activity District a person must not make, cause or permit to be made or caused, any sound or noise that, when measured with an approved sound meter over a representative time period, has an equivalent sound level, or L eq, which
• (a) during the daytime exceeds
• (i) 60 dBA when received at a point of reception in a Quiet District;
• (ii) 65 dBA when received at a point of reception in an Intermediate District;
• (iii) 67.5 dBA when received at a point of reception in a Harbour Intermediate District;
• (iv) 70 dBA when received at a point of reception in an Activity District, or
• (b) during the nighttime exceeds Bylaw current to February 1, 2015. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
• (i) 55 dBA when received at a point of reception in a Quiet District;
• (ii) 60 dBA when received at a point of reception in an Intermediate District;
• (iii) 60 dBA when received at a point of reception in a Harbour Intermediate District;
• (iv) 70 dBA when received at a point of reception in an Activity District. Summary of Districts’ permitted noise levels 9 For convenience, the noise limits set out in sections 5 to 8 are summarized in the Table in Schedule B. Correction factors for sound levels 10 For all purposes under this Bylaw, when assessing a sound relative to the limits set out in sections 5 to 8 and summarized in Schedule B, the following correction factors must be applied to the measured equivalent sound level whenever the sound has, as a defining characteristic, impulsiveness, tonality, or persistent intermittency: Impulsiveness
• (a) a +5 dB correction if the sound under consideration is impulsive in character; Tonality
• (b) a +5 dB correction if the sound under consideration is tonal (i.e., it contains one or more pure tone components);
• (c) in order for the tonality correction to apply if measurement is required to determine the presence of tonality, the level in the one-third octave band containing the tone, or the arithmetic average of the levels in a pair of bands containing the tone, must exceed the arithmetic average of the two adjacent bands
• (i) by 3 dB or more for tones in the 500 Hz. to 16 kHz. bands,
• (ii) by 5 dB or more for tones in the 160 to 400 Hz. bands,
• (iii) and by 10 dB or more for tones in the 31.5 to 125 Hz. bands; Intermittency
• (d) a +5 dB correction if the sound under consideration is persistently intermittent; Multiple Corrections
• (e) a correction equal to the sum of the corrections applicable under paragraphs
• (a) to
• (d) for each of the characteristics, described in those paragraphs, that the sound possesses to a maximum of 10 dB. Bylaw current to February 1, 2015. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. PART 3 – TYPES OF NOISE Noise disturbing neighbourhood 11 (1) Subject to the other provisions of this Bylaw,
• (a) a person must not make or cause a noise or sound in a street, park, plaza or similar public place which disturbs or tends to disturb the quiet, peace rest, enjoyment, comfort or convenience of persons in the neighbourhood or vicinity;
• (b) a person who is the owner or occupier of, or is in possession or control of, real property must not make, suffer, or permit any other person to make,

a noise or sound, on that real property, which can be easily heard by a person not on the same premises and which disturbs or tends to disturb the quiet, peace rest, enjoyment, comfort or convenience of persons in the neighbourhood or vicinity.