Victoria : Règlement no 03-012, art. 139 — of the Community Charter

of the Community Charter.

(Consolidated on February 1, 2015 up to Bylaw No. 14-091) This bylaw is printed under and by authority of the Corporate Administrator of the Corporation of the City of Victoria. NO. 03-12 A BYLAW OF THE CITY OF VICTORIA (Consolidated to include Bylaws No. 06-053, 07-069, 08-016, 08-060, 10-074 and 14-091) The purpose of this Bylaw is to consolidate and update the provisions of the Noise Abatement Bylaw, and to establish noise zones within the City within which certain noise levels may not be exceeded at certain times. Contents PART 1 – INTRODUCTION 1 Title 2 Interpretation of technical standards 3 Definitions 4 Determining presence of tonal sound PART 2 – NOISE LEVELS 5 Quiet District permitted noise levels 6 Intermediate District permitted noise levels 7 Harbour Intermediate District permitted noise levels 8 Activity District permitted noise levels 9 Summary of districts’ permitted noise levels 10 Correction factors for sound levels PART 3 – TYPES OF NOISE 11 Noise disturbing neighbourhood 12 Prohibited types of noise 13 Exemptions specified 14 Advertising 15 Commercial premises 16 Power equipment 17 Leaf blowers 18 Chainsaws 19 Construction PART 4 – GENERAL 20 Exemptions by permission 21 Objectionable noises 22 Severability 23 Offences and penalties 24 Repeal Schedule A – Noise District Map Schedule B – Summary of Districts’ Permitted Noise Levels Bylaw current to February 1, 2015. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Under its statutory powers, including sections 8(3)(b) & (h), 16, 17, 62, 64, 260 to 263 of the Community Charter, the Council of the City of Victoria enacts the following provisions:

• PART 1 – INTRODUCTION Title 1 This Bylaw may be cited as the “ NOISE BYLAW”. Interpretation of technical standards 2

Where an abbreviation or technical standard is used in this Bylaw but is not defined specifically or by context, it should be interpreted by reference to the definitions and technical standards published by the Canadian Standards Association (CSA), the American Standards Institute (ANSI), the International Organization for Standardization

• (ISO) or the International Electro-Technical Commission (IEC), as applicable and, unless the context otherwise requires. Definitions 3 In this Bylaw, “Activity District” means those areas so described in this Bylaw and so indicated on the Noise District Map set out in Schedule A; “approved sound meter” means an instrument which is capable of measuring levels of sound pressure in accordance with the minimum requirements for either Type 1 (precision) or Type 2 (general purpose) sound level meters as specified in ANSI S1.4 [1983], IEC 651 [1979] and IEC 804 [1984] standards; “A-weighted sound level” means the sound pressure level measured (in units of A-weighted decibels, or
• dBA) using the “A” weighting network of an approved sound meter; “construction” includes (2) Subsection (1) does not apply to a person who makes, causes, or permits to be made or caused, a sound or noise in compliance with the provisions of sections 5 to 8 unless the noise or sound is clearly audible at a point of reception in a residential area between the hours of 10:00 p.m. one day and 7:00 a.m. the following day. Prohibited types of noise 12 (1) Without limiting the generality of section 11, the following conduct is specifically prohibited:
• (a) shouting, using a megaphone or sound amplification device or making other noise in, at or on streets, parks, wharves, docks, piers, boat landings, ferry-landings, railway or bus stations or other public places;
• (b) the playing of any radio, phonograph, cassette or CD player, television, musical instrument or sound amplification device whether in or upon a private premises or in any public place at such a volume (loudness) as to disturb or tend to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public;
• (c) within a Quiet District, the keeping or harbouring of any dog, bird or other animal, which barks or emits cries or other noises in a persistent manner that may easily be 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 individuals or the public;
• (d) the operation of any automobile, truck, motorcycle, bus or other motorized vehicle which by reason of disrepair, the use of a muffler that fails to cool and expel exhaust gases from the engine without excessive noise, mode of operation of the vehicle (squealing of tires except during emergency braking to avoid accidents, over-revving of engine or excessive acceleration of vehicle) or any other cause, creates noise or sound which Bylaw current to February 1, 2015. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public;
• (e) the production of amplified sound from a radio, cassette tape or CD player or other playback device or amplification equipment, or the sound of a musical instrument, that emanates from a motor vehicle and can easily be heard by a person of normal hearing acuity at a distance of 5 m (16.4 ft.) or more from the vehicle;
• (2) Subsection (1) does not apply to a person who makes, causes, or permits to be made or caused, a sound or noise in compliance with the provisions of sections 5 to 8 unless the noise or sound is clearly audible at a point of reception in a residential area between the hours of 10:00 p.m. one day and 7:00 a.m. the following day. Exemptions specified 13 This Bylaw does not apply to:
• (a) a vehicle of the Police or Fire Department of the City, or an ambulance or other public service or emergency vehicle while engaged in a service of the public convenience or necessity;
• (b) the sounding of a horn or other signaling device upon any vehicle, boat or train where such sounding is properly and necessarily used as a danger or warning signal;
• (c) the use, in a reasonable manner, of an apparatus or mechanism for the amplification of the human voice or music in a public park, public facility or square in connection with a public meeting, public celebration, athletic or sports event or other public gathering, if
• (i) that gathering is held under a permit issued under the authority of the Parks Regulation Bylaw, or
• (ii) that gathering has received prior approval under section 20,
• (iii) if the noise produced by that gathering does not exceed 90 dB when received at a Point of Reception or such other lower sound level specified in the permit or approval.
• (d) the use of bells or chimes by churches, and the use of carillons where such carillons have been lawfully erected;
• (e) a parade, procession, performance, concert, ceremony, event, gathering or meeting in or on a street or public space, if that is permitted in the City under a bylaw or statute;
• (f) a sound or noise resulting from the use, in a reasonable manner, of the premises of a Community Care Facility duly licensed under the Community Care Facility Act, or from the use of a similar institution; Bylaw current to February 1, 2015. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
• (g) a garbage collection service
• (i) between 6:00 a.m. and 8:00 p.m. within an Activity District;
• (ii) between 6:30 a.m. and 8:00 p.m. on a weekday;
• (iii) between 10:00 a.m. and 8:00 p.m. on a Saturday, Sunday or holiday;
• (h) the noon cannon at Laurel Point;
• (i) municipal works including, but not limited to, the construction and repair of streets, sewers and other underground services;
• (j) the City’s Parks Division maintenance work between 7:00 a.m. and 5:00 p.m. on any day;
• (k) the nightly cleaning of streets and sidewalks and the collection of garbage from sidewalk refuse bins within the downtown core area by the City’s Public Works staff;
• (l) emergency repairs to buildings which cannot reasonably be delayed until normal working hours. Advertising