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NOISE CONTROL BY-LAW
BE IT ENACTED by the Municipality of the County of fuvemess under the authority
of Section 99C(l)(k), 99K(2)(f) and 99K(3) of the Municipal Act, R.S.N.S., 1989,
Chapter 295 as follows:
1.
This By-Law shallbe knowri as the Noise Control By"-Law.·
Definitions:
2.
3.
(a)
"Municipality" means Municipality of the County of fuvemess.
(b)
Council means the Council of the Municipality.
( c)
Clerk means the Clerk of the Municipality.
(d)
Public Address System means any system of loudspeakers, amplifiers,
microphones or reproducers, or any combination of such equipment, used
in the reproduction or amplification of music, speech or other sounds,
when used for communication to, or otherwise addressing or entertaining
groups of people, whether the same is mounted upon a vehicle or upon a
building or other structure or upon. the ground;
(e)
Street includes alley, boulevard, bridge, courtyard, footway, highway, lane,
park, public drive, sidewalk, square and any part of any of them open to
the public use ..
(1)
No person shall, in the Municipality, operate or cause, or permit to be
operated, any public address system, gramophone, radio, audio-tape player,
audio-disc player or other device or apparatus for reproducing or
amplifying sound whether operated electrically, mechanically, or in any
other way whatsoever, whether moveable or stationary, the sounds of
which are capable of being heard on any street or in any building used,
wholly or in part, as a dwelling other than the dwelling in which it may
be located, in the Municipality, without having first received a license
therefore from the Clerk, or from the Council, as hereinafter provided.
(2)
Such license may be granted by the Clerk for the operation of such
apparatus or device between the hours of nine o'clock in the forenoon and
one o'clock in the morning of the next day during the term of the license
and may be refused if the Clerk shall be of the opinion that the operation
of such apparatus or device disturbs or tends to disturb the peace and
tranquillity of the Municipality or any portion thereof.
This electronic version of this By-law is provided by the Clerk of the Municipality of the County of Inverness for your convenience and personal
use only. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult the Clerk's office.
(3)
Such license may be granted upon such other terms and conditions as may
be determined by the Clerk, including the time period of the day that the
license is effective for, the volume of sound to be reproduced by such
apparatus or device, and the time period during which the license shall be
effective.
( 4)
Any license so granted may be cancelled by the Council at any time if it
shall be of the opinion that the operation of such apparatus or device for
· which such license was issued violates any of the terms and conditions
attached to such license or disturbs or tends to disturb the peace and
tranquillity of the Municipality or any portion thereof.
(5)
Any person who has been refused a license or is dissatisfied with the terms
and conditions of such license set by the Clerk may appeal to the Council
from such refusal concerning such terms and conditions and the Council
may grant such license or may confirm such refusal or vary the terms
thereof within the provisions of this By-Law.
4.
The fee to be paid for any license issued under the authority of this By-Law shall
be Five ($5.00) Dollars;
5.
No person shall start, drive, tum or stop any motor vehicle, or accelerate the
vehicle engine while the vehicle is stationary, in such a manner that it causes
unnecessary noise in or from the engine, exhaust system, braking system or from
the contact of the tires with the roadway that disturbs the peace and quiet of the
neighbourhood in which it occurs or that can be heard inside any building used
wholly or in part as a dwelling or any building used wholly or in part for business
purposes.
6.
The provisions of this By-Law shall not apply to:
(a)
Any member of the RCMP, Police Force or Fire Department of the
Municipality, or any other employee of the Municipality while such
member or employee is employed in the execution of his duties as a
member of the RCMP, such Force or Department, or other employee of the
Municipality.
(b)
A person or an employee of any finn or corporation, performing any work
for the Municipality, while such person or employee is employed in the
execution of his duties in connection with the performance of any such
work for the Municipality.
(c)
To any bell, horn, whistle, siren, or other device used:
(i)
by a church;
(ii)
by a business to mark the beginning or end of-a work shift;
(iii)
for public interest or safety;
(d)
_In respect of Clauses 1 to 3 inclusive any community or community group
sponsored festival or event or to any establishment or event licensed by the
Nova Scotia Liquor License Board.
7.
Section 2(1) and (2) of By-Law 8, the Mischief and Nuisances By-Law is hereby
repealed.
8.
Every person who contravenes or fails to comply with any of the provisions of
this By-Law shall be liable to a penalty of not less than One Hundred ($100.00) ·
Dollars and not exceeding Five Thousand ($5,000.00) Dollars and in default of
payment to imprisonment for a period not exceeding Ninety (90) days.
This is to certify that the following
by law is a true copy of a by law duly
passed at a duly called meeting of the
Municipal Council of the Municipality
of the County of Inverness duly held
on the
{() -M.
day of -~
~A.O. 1997.
_
,,,. Peputy Clerk
./
Section 99 Requirements:
Notice of Motion to Introduce
First Reading
Publication 7 days before Second Reading
Second Reading
Third Reading
Publication after Enactment
October 15. 1996
Novanrer 12.1996
November 19. 1996
December 9. 1996
· February 10. 1997