Wheatland County passes new noise bylaw

By John Watson Local Journalism Initiative Reporter

Wheatland County council discussed Bylaw 2024-12, the noise bylaw, during the May 21 regular meeting of council. 

“The purpose of the bylaw as we perceive, over the last little while, we have been getting more and more complaints regarding noise. We have had events happen throughout the county and the bylaw as it stood, did not offer some tools that would have been required to allow for enforcement to happen at the time and to be able to put a stop to something that was happening,” said Kris Permann, manager of protective services with the county, who prepared and presented the report.

“We took it upon ourselves as administration and brought forth … a draft of a new noise bylaw that would hopefully clear up some of these things such as what noise offences and how to obtain evidence for court, clarifying what steps are taken to keep noises to a reasonable level, establishing time limits on construction noise, and enabling a peace officer to direct an individual or party to abate objectionable noise or to immediately cease it.”

He explained the goal of the bylaw is to strike a balance and allow for communities to enjoy property without being unreasonably disturbed by noise, but also respecting others’ activities within reason.

Court definitions and discretion are broad in determining what is considered a nuisance, and affected individuals are expected to provide evidence to the court, if an incident escalates to that.

“Some of the various changes as noted … (include) removing the opinion of a peace officer. It is determined that we can only provide evidence rather than opinion. Only a court can actually provide and determine whether the noise is objectionable or not,” said Permann. “Adding elements of the offence that are to be taken into consideration, so time of day, nature of the event, elements of the offence that are necessary to prove beyond reasonable doubt that the noise is objectionable.”

Also under consideration are permittable activities which are expected to generate a certain amount of noise. The onus falls to the event holder creating the noise to ensure the noise created by their activities stays within a reasonable level.

County council voted unanimously to approve all three readings of the noise bylaw in a single meeting.

More information about the bylaw, and the report presented to council are available via the public meeting agenda, as well as the public meeting minutes published to the county’s YouTube channel.