1M2000, 22M2000)

The Municipal Government Act, S.A. 1994, Chapter M-26.1, as amended

or replaced from time to time, permits the Council to pass bylaws respecting the welfare

of the people of Calgary, the protection of property, and nuisances.

It is desirable to regulate noise in the City of Calgary, particularly where

the type, source or location of such noise may annoy or disturb persons working or

living in places affected by such noise.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF CALGARY

ENACTS AS FOLLOWS:

1. This Bylaw may be cited as the "Noise Control Bylaw".

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

(a) "Ambient Sound Level" means the Sound Level measured at a Point of

Reception, which excludes the Noise generated by an activity with respect

to which a complaint about Noise has been made.

(b) "Chief Bylaw Officer" means the Chief Executive Officer or his designate.

(b.1) "Chief Executive Officer" means the person designated by Council as its

chief administrative officer, or his designate.

(c) "City" means:

(i) The City of Calgary, a municipal corporation under the laws of

Alberta; or

(ii) the area within the legal boundaries of The City of Calgary,

as the context requires.

(d) REPEALED BY B/L 1M2000, 2000 JANUARY 24.

(e) "Concrete Mixer" means a machine that is mounted on a Truck chassis or

trailer capable of carrying concrete in a mixed or partially mixed form and

pouring it at the location where it is to be used.

(f) "Construction" means the temporary process of demolishing or building

any structure, or repairing or improving a building that already exists,

including landscaping, home repair, property improvement and any work

in connection with that process.

(g) "Continuous Sound" means any Sound Level that occurs:

(i) for a continuous duration of more than 3 minutes; or

(ii) sporadically for a total of more than 3 minutes, in any continuous

15 minute time period.

(h) "Daytime" means the period:

(i) beginning at 7:00 A.M. and ending at 10:00 P.M. of the same day

on Weekdays and;

(ii) beginning at 9:00 A.M. and ending at 10:00 P.M. of the same day

on a Weekend.

(h.1) "Downtown" means the area in the City of Calgary bounded on the east

by 3rd Street E., on the south by the CPR tracks, on the west by 9th

Street W. and on the north by 4th Avenue S. between 9th Street W. and

6th Street W., 3rd Avenue S. between 6th Street W. and Centre Street,

and 4th Avenue E. between Centre Street and 3rd Street E.

(i) "Emergency Vehicle" has the same meaning as in the Highway Traffic

Act.

(j) "Field Calibrator" means an instrument (as established by the American

National Standards Institute "A.N.S.I.") to be used for the calibration of a

Sound Level Meter. The Field Calibrator must be approved by the

manufacturer for use with the Sound Level Meter being used and must

also be certified and calibrated by the manufacturer within the previous 12

months prior to its use.

(k) "Garbage Truck" means any Vehicle equipped for transporting refuse or

any Vehicle equipped to load, unload and transport containers for

handling refuse.

(l) "Highway Traffic Act" means the Highway Traffic Act R.S.A. 1980, Chap.

H-7, as amended or replaced from time to time.

(m) "Holiday" has the same meaning as in the Interpretation Act, R.S.A. 1980,

Chap. I-7, as amended or replaced from time to time.

(n) "including" when introducing a list of items, does not limit the meaning of

the words to those items or to items of a similar kind.

(o) "Justice" has the same meaning as in the Provincial Offences Procedures

Act.

(p) "Land Use Bylaw" means The City of Calgary Land Use Bylaw, Number

2P80, as amended or replaced from time to time.

(q) "Land Use District" means a Land Use District designated by the Land

Use Bylaw.

(r) "Leq" means the equivalent continuous Sound Level over periods of time

as specified in this Bylaw at a specified location as measured by a Sound

Level Meter.

(r.1) "Major Event" means any outdoor concert, festival, sporting event,

performance, attraction, revival or other event, for which either at least

5,000 tickets are available for paid admission or 5,000 or more people can

be accommodated if there is no admission charge.

(s) "Motorized Garden Tool" means any tool used for horticulture that is

powered by an electric or internal combustion engine of any kind.

(t) "Night-time" means the period beginning at 10:00 P.M. and ending the

following day at:

(i) 7:00 A.M. if the following day is a Weekday; or

(ii) 9:00 A.M. if the following day is a Weekend.

(v) "Noise" means any sound that annoys or disturbs humans, or that

endangers or injures the health and safety of humans including any loud

outcry, clamour, shouting, or movement, or any sound that is loud or

harsh or undesirable.

(w) "Non-Continuous Sound" means any Sound Level that is not a

Continuous Sound measured with a Sound Level Meter.

(x) "Non-Residential Development" means any land or building that is not a

Residential Development or Residential Building.

(y) "Officer" means a Bylaw Enforcement Officer of the City or a member of

The Calgary Police Service.

(z) "Outdoor Speaker System" means any sound amplification device that

converts electrical impulses into sound, whether the device is independent

or incorporated into a radio, stereo, television, public address or other

system, which is used for general listening purposes and positioned:

(i) outside of a building; or

(ii) inside a building and within 2 metres of any opening in the building

including a window or doorway, where it is directed outside of the

building.

(aa) "Person" means an individual or any business entity including a firm,

partnership, association, corporation, company, or society but does not

include The City.

(ab) "Point of Reception" means any outdoor location at the place of work or

residence where Noise or Sound Levels are heard by a complainant as

determined by the Tester to be appropriate in each circumstance.

(ac) "Power Tool" includes any tool powered by an engine, motor or

compressed air.

(ad) "Provincial Court" means The Provincial Court of Alberta.

(ae) "Provincial Offences Procedures Act" means the Provincial Offences

Procedures Act, S.A. 1988, Chap. P-21.5 as amended or replaced from

time to time.

(af) "Residential Building" means a structure that contains one or more

dwelling units including a house, multi-family dwelling, housing project,

apartment building, lodging house, senior citizen complex or hospital.

(ag) "Residential Development" means any land which is the site of a

Residential Building and is designated as one of the following Land Use

Districts under the Land Use Bylaw:

(i) RR-1, R-1, R-2, R-2A, R-MH, RM-1, RM-2, RM-3, RM-4, RM-5,

RM-6, RM-7; or

(ii) Direct Control, where the applicable land use guidelines allows a

use which is residential; or

(iii) any other Land Use District which allows residential uses.

(ah) "Signalling Device" means any device that produces an audible sound

used for the purpose of drawing a Person's attention, including a horn,

gong, bell, klaxon or public address system.

(ai) "Sound Level" means the sound pressure measured in decibels using the

"A" weighted network of a Sound Level Meter with Fast Response.

(aj) "Sound Level Meter" means any Type 2 or better integrating instrument

(as established by the standards of the American National Standards

Institute "A.N.S.I") that measures Sound Levels.

(ak) "Tester" means an individual appointed pursuant to Section 16.

(al) "Tractor Trailer" means the combination of a Truck-Tractor and a trailer as

defined in the Highway Traffic Act.

(am) "Truck" means any Vehicle that has a gross vehicle weight in excess of

4000 kilograms but does not include a Concrete Mixer, Tractor Trailer, or

Garbage Truck.

(an) "Truck-Tractor" has the same meaning as in the Highway Traffic Act.

(ao) "Vehicle" has the same meaning as in the Highway Traffic Act.

(ap) "Weekday" means Monday through Saturday, inclusive unless it falls on a

Holiday.

(aq) "Weekend" means Sunday and any other Holiday.

(B/L 56M96, 1996 November 25)

(B/L 57M96, 1996 December 16)

(B/L 1M2000, 2000 January 24)

3. Except to the extent specifically authorized pursuant to Sections 15 or 25 and

subject to Sections 14 and 15 of this Bylaw, a Person must not:

(a) make, continue, cause, or allow to be made or continued any

Noise; or

(b) permit any real or personal property that is owned, occupied or

controlled by that Person to be used in a way that any Noise

emanates from that property.

3.1 Whether any sound annoys or disturbs humans or endangers or injures the

health and safety of humans, or otherwise constitutes a Noise, is a question of

fact to be determined by a Court hearing a prosecution pursuant to Section 3 of

this Bylaw.

(B/L 22M2000, 2000 May 15)

4. Subject to Section 20, a Person must not cause or permit to be caused a

Continuous Sound that exceeds the greater of the following Sound Levels:

(a) (i) 65 decibels (dBA) Leq measured over a one (1) hour period

during the Daytime;

(ii) 55 decibels (dBA) Leq measured over a one (1) hour period

during the Night-time; or

(b) that exceeds 5 decibels (dBA) Leq over the Ambient Sound Level

measured over a two (2) hour period during either the Daytime or

Night-time,

at any Point of Reception within a Residential Development.

5. A Person must not cause or permit to be caused a Non-Continuous Sound that

exceeds:

(a) 85 decibels (dBA) Leq measured over a period of 15 minutes

during the Daytime; or,

(b) 75 decibels (dBA) Leq measured over a period of 15 minutes

during the Night-time,

at any Point of Reception within a Residential Development.

6. A Person must not operate:

(a) a hand lawn mower;

(b) a Motorized Garden Tool;

(c) a Power Tool outside of any building or structure;

(d) a model aircraft driven by an internal combustion engine of any

kind; or

(e) a snow clearing device powered by an engine of any kind,

in a Residential Development during the Night-time.

7. (a) A Person must not load or unload a Truck, Concrete Mixer, Tractor-Trailer

or Garbage Truck in a Residential Development or within 150 metres of a

Residential Development during the Night-time.

(b) Notwithstanding Section 7(a) a Person may, at any time unload a Vehicle

containing:

(i) fresh fruit, produce and perishable merchandise including milk, milk

products and baked goods; or

(ii) daily or weekly newspapers being delivered to vendors.

(c) Notwithstanding Subsection 7(a), a Person may load a Garbage Truck

between 6:00 a.m. and 10:00 p.m. on any Weekday in the Downtown.

(B/L 56M96, 1996 November 25)

8. A Person must not use a Signalling Device to promote or advertise the sale of

ice cream or any other food stuffs in a Residential Development during the Nighttime.

9. A Person who owns, occupies or controls a Truck-Tractor or Tractor Trailer must

not at any time allow it to remain running for longer than 20 minutes when it is

stationary in a Residential Development or within 150 metres of a Residential

Development.

10. Subject to Section 20, a Person must not cause or permit to be caused a

Continuous Sound that exceeds the greater of:

(a) 85 decibels (dBA) Leq measured over a one (1) hour period during

the Daytime or Night-time; or,

(b) 5 decibels (dBA) Leq over the Ambient Noise measured over a two

(2) hour period during either the Daytime or Night-time;

at any Point of Reception within a Non-Residential Development.

11. A Person in a Non-Residential Development must not cause or permit to be

caused a Non-Continuous Sound that exceeds 85 decibels (dBA) Leq measured

over a period of one (1) hour during the Daytime or Night-time where the Point of

Reception is within a Non-Residential Development.

12. A Person must not operate an Outdoor Speaker System on a parcel where a

property line of the parcel is within 150 metres of a Residential Development

during the period beginning at 11:00 p.m. and ending at 9:00 a.m. the following

day.

13. The provisions of this Bylaw do not apply to:

(a) Emergency Vehicles;

(b) Construction in Residential Developments during the Daytime, whether or

not the Construction requires any City permits;

(c) the use of Motorized Garden Tools in Residential Developments where:

(i) the Sound Level does not exceed 75 decibels (dBA) Leq measured

over a one (1) hour period; and

(ii) it is used for less than 3 hours during the Daytime;

(d) work on a City street or on a public utility carried out by the owner or

operator of the public utility, or its contractors;

(e) the aeronautical related activities of The Calgary Airport Authority;

(f) the activities of Calgary Exhibition and Stampede Ltd. during the period of

the Stampede; or

(g) any activity within the sole jurisdiction of the Government of Canada or the

Province of Alberta.

14. (a) A Person may make a written application to the Chief Bylaw Officer for a

temporary permit allowing for Noise or Sound Levels that would otherwise

violate this Bylaw.

(b) The application made pursuant to Section 14(a) must be made at least 5

days prior to the proposed activity and must contain the following

information pertaining to the work or activity for which the exemption is

sought:

(i) the name, address and telephone number of the applicant;

(ii) the address of the site;

(iii) the building permit number (if applicable);

(iv) a description of the source(s) of Noise or Sound Levels;

(v) the period of time that the exemption is desired;

(vi) the applicant's reason(s) why the exemption should be given, and

(vii) a statement of the measures that will be taken to minimize the

Noise or Sound Levels.

(c) The Chief Bylaw Officer may, in his sole discretion;

(i) waive any requirement of Section 14(b);

(ii) issue the temporary permit where the Chief Bylaw Officer

determines that the circumstances make it impractical for the

applicant to comply with this Bylaw; or

(iii) revoke any temporary permit that has been issued where the Chief

Bylaw Officer determines that the applicant has not taken sufficient

measures to minimize the Noise or Sound Levels.

15. The provisions of this Bylaw must not be interpreted to prevent:

(a) the ringing of bells in churches, religious establishments and schools;

(b) the sounding of any alarm or warning to announce a fire or other

emergency;

(c) the playing of a band in connection with a parade allowed pursuant to any

City Bylaw;

(d) the use of Signalling Devices on Vehicles in their normal operation for the

purpose of giving warnings to other Vehicles or Persons.

16. The Chief Executive Officer of The City of Calgary or his designate may establish

the qualifications for and appoint Persons as Testers to measure

Sound Levels.

(B/L 52M99, 1999 October 4)

17. The Tester must measure the Sound Level at the Point of Reception with the

Sound Level Meter at least 1.0 metres above the ground.

18. The Tester must ensure the accuracy of the Sound Level Meter by testing it with

the Field Calibrator immediately before and after measuring the Sound Level and

record the results of those tests.

19. (a) Where an Officer believes that a Person has violated a provision of this

Bylaw, the Officer may commence proceedings against the Person by

issuing a Violation Ticket pursuant to Part 2 of the Provincial Offences

Procedures Act.

(b) The minimum penalty for a violation of a provision of this Bylaw is

$200.00.

(c) Notwithstanding Subsection 19(b):

(i) If a Person violates the same provision of this Bylaw twice within

one six month period the minimum penalty for the second such

violation is $400.00.

(ii) If a Person violates the same provision of this Bylaw three or more

times within one six month period the minimum penalty for the

third or subsequent such offence is $800.00.

20. Notwithstanding Sections 4 and 10, where a Person has caused or permitted to

be caused a Continuous Sound that exceeds the Sound Level prescribed in

Subsections 4(a) or 10(a), and the Sound emanates from an activity that

operates on a continuous basis, that Person shall be deemed to have violated

this Bylaw unless, within ten days of being notified of the violation of Subsection

4(a) or 10(a), the Person has made an arrangement satisfactory to the Chief

Bylaw Officer to discontinue the activity for a period of time sufficient for the

measurement of the Ambient Sound Level at the relevant Point of Reception.

21. Any Person who violates any provision of this Bylaw is guilty of an offence and is

liable on conviction to a fine of not more than $10,000.00. In default of payment

of the fine, the Person is liable to imprisonment for a term not exceeding one

year.

-

22. Each provision of this Bylaw is independent of all other provisions. If any

provision is declared invalid by a Court of competent jurisdiction, all other

provisions of this Bylaw will remain valid and enforceable.

23. Bylaw Number 9024, as amended, is repealed on the date this Bylaw comes into

effect.

24. This Bylaw comes into effect on September 1, 1995.

25. (a) Notwithstanding Section 24, a Person may apply to the Chief Bylaw

Officer for a temporary exemption from this Bylaw. The temporary

exemption may be granted where, in the sole discretion of the Chief Bylaw

Officer it is determined that it would be impractical for the applicant to

comply with the provisions of this Bylaw when it comes into effect. The

temporary exemption may be granted for any period of time not exceeding

five (5) years and may be subject to conditions specifying maximum

allowable Sound Levels.

(b) Any application for temporary exemption made pursuant to Subsection

25(a) must:

(i) be in writing;

(ii) contain the following information:

being sought;

comply with this Bylaw.

(c) The Chief Bylaw Officer may, in his sole discretion, revoke any temporary

exemption where the applicant has failed to comply with the actions

proposed by the applicant to comply with this Bylaw under Subsection

25(b)(ii).

26. (1) Where an application for a temporary permit for a Major Event in the City

is made pursuant to Section 14 the Chief Bylaw Officer may, before

making a decision thereon, require the applicant to provide public notice

of the application in a manner directed by the Chief Bylaw Officer, which

may include posting, media advertising or direct notice.

(2) As soon as practicable after deciding on an application under Section 14

for a Major Event, the Chief Bylaw Officer shall so advise all parties who

have requested of the Chief Bylaw Officer that they be notified of his

decision.

(3) If no appeal is filed within 14 days of the date of the approval, the

temporary permit may be issued.

(4) Any approval of an application under Section 14 for a Major Event may be

appealed by an affected person to the City of Calgary License Appeal

Board within 14 days of the date of approval.

(5) Any rejection of an application under Section 14 for a Major Event may be

appealed by the applicant to the City of Calgary License Appeal Board

within 14 days of the date of the rejection decision.

(6) An appeal to the License Appeal Board shall be delivered to the City

Clerk.

(7) If an appeal is filed, the License Appeal Board shall hear the application

within 30 days or at their next meeting, if longer than 30 days.

(8) The Appeal Board may determine its own procedure for a hearing and

reverse, vacate, confirm or vary the approval or conditions thereof made

by the Chief Bylaw Officer and its decision is final.

(B/L 57M96, 1996 December 16)

READ A FIRST TIME THIS 26TH DAY OF JUNE, 1995.

READ A SECOND TIME THIS AS AMENDED THIS 26TH DAY OF JUNE, 1995.

READ A THIRD TIME THIS AS AMENDED THIS 3RD DAY OF JULY, 1995.

(Sgd.) A. Duerr

MAYOR

(Sgd.) D. Garner

CITY CLERK