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Municipality of the District of Lunenburg
By-law Details
Name
Number
Legislative Authority
Effective Date
Neighbourhood Nuisance By-law
050
Section 172(l)(a) and (d) of the Municipal Government
Act
May 21, 2025
Title
1
This By-Law is entitled the "Neighbourhood Nuisance By-Law".
Preamble
2 Residents of the Municipality of the District of Lunenburg are encouraged to be good
neighbours by exercising courtesy, consideration, and tolerance. Anyone that engages in
behaviour that does not demonstrate common courtesy or consideration of others and
causes frequent or persistent annoyance to the neighbourhood may be in contravention
of this By-law.
Authority
3 (1) Section 172(l)(a) of the Municipal Government Act empowers Municipalities to
make by-laws respecting "the health, well-being, safety and protection of persons."
(2) Section 172(l)(d) of the Municipal Government Act empowers Municipalities to
make by-laws respecting "nuisances, activities, and things that, in the opinion of Council,
may be or may cause nuisances."
Definitions
4 (1) In this By-law, the following means:
(a) Agriculture Operation has the same meaning as contained in the N.S. Farm Practices
Act, 2000. C. 3;
(b) Appropriate means as being reasonable in the circumstances considering the
intensity, frequency, duration, and timing of the activity;
(c) Council meanstheCouncilforthe Municipality of the District of Lunenburg;
(d) Forestry Operation has the same meaning as contained in the N.S. Forests Act, 1989
R.S. c. 179;
Neighbourhood Nuisance By-law
By-law 050
Page 2 of 4
(e) Municipality means the Municipality of the District of Lunenburg;
(f) Neighborhood means in the same area or nearby including but not limited to the area
within sight and/or sound of the subject property and/or the activity;
(g) Normal Farm Practices has the same meaning as contained in the N.S. Farm Practices
Act, 2000. C. 3.
(h) Secondary Wood Processing Operations means transforming primary wood
products into semi-finished or finished products encompassing various techniques
like sawing, planing, sanding, gluing, and surface finishing as well as assembly.
Prohibitions
5 (1) No person will engage in activity that unreasonably disturbs the peace of the
neighbourhood.
(2) Any person who engages in an activity that unreasonably disturbs the peace of the
neighborhood is guilty of an offence.
(3) In a prosecution for a violation of the Bylaw, evidence that 2 or more residents
occupying at least 2 different properties are disturbed by the activity is prima facie
evidence that the activity has unreasonably disturbed the peace of the neighbourhood.
Exemptions
6 (1) This By-Law does not apply to:
(a) Disturbances that may result from a response to an emergency, including the
parking or standing of emergency vehicles by police, fire, or ambulance services while
engaged in the discharge of their duties.
(b) Forestry operations.
(c) Secondary wood processing operations.
(d) Agricultural operations.
(e) Normal farm practices.
(f) Businesses operating lawfully and in a manner that is appropriate to the nature of
the business enterprise.
Neighbourhood Nuisance By-law
By-law 050
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(g) Recreation activity carried out lawfully and in a manner that is appropriate to the
nature of the activity.
(h) Community events carried out lawfully and in a manner that is appropriate to the
nature of the event.
Penalty
7 (1) Any person who violates any of the provisions of this By-law may be guilty of an
offence and may, on summary conviction, be liable
(a) for the first offence to a penalty of not less than $300 and, in default of payment, to
imprisonment for a period not exceeding 60 days;
(b) for the second offence to a penalty of $700 and, in default of payment, to imprisonment
for a period not exceeding 60 days;
(c) for the third offence or any subsequent offence to a penalty of $1000 and, in default of
payment, to imprisonment for a period not exceeding 60 days.
Summary Offence Ticket
8 Municipal Staff will apply to the Governor in Council under the Summary Proceedings Act,
RSNS 1989, c. 450 as amended, to have the offences under this by-law designated by the
Summary Offences Ticket Regulations to permit the use of summary offence tickets for
prosecuting such offences in appropriate circumstances.
By-law Adoption
Effective date of original by-law
Date of first reading
Date of advertisement of notice of intent to consider
Date of second reading
Date of advertisement of passage of by-law
May 21,2025
April 22, 2025
April 22, 2025
May 13,2025
May 21, 2025
Effective date of the by-law unless otherwise specified in the text of
this by-law.
Date of mailing a certified copy of by-law to Minister June 12, 2025
Neighbourhood Nuisance By-law
By-law 050
Page 4 of 4
I certify that this "Neighbourhood Nuisance By-law 050" was adopted by Municipal Council
^^4-1^ published as indicated above.
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^Signature of Municipal Clerk
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Date
June 12, 2025
Version
Original
Amendment Description
Neighbourhood Nuisance By-law
Effective Date
May 21,2025