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Noise Bylaw
1. This By-Law is entitled the "Noise By-Law"
Definitions
2. In this By-Law:
(1) "construction" includes erection, alteration, repair, dismantling and demolition of
structures and includes structural maintenance, hammering, land cleaning, moving
ofearth, rock or felled trees, rock breaking, grading, excavating, the laying of
pipe or conduit whether above or below ground level, working with concrete,
alteration or installation fo any equipment, the structural installation of
construction components or materials in any form whatsoever, the placing or
removing ofany construction related materials and includes any related work, but
does not include blasting;
(2) "construction equipment" means any equipment or device designed and intended
for use in construction or material handling including but not limited to air
compressors, air tracks, pile drivers, pneumatic or hydraulic tools, bulldozers,
tractors, excavators, trenchers, cranes, derricks, loaders, backhoes, scrapers,
pavers, generators, off-highway haulers or truces, ditchers, compactors and
rollers, pumps, concrete mixers, graders and other material handling equipment;
(3) "emergency response personnel" includes police, fire departments or brigades,
registered emergency services providers, search and rescue personnel, provincial,
regional or municipal Emergency Measures Organizations, ambulance or
emergency health services providers and includes volunteer or military personnel
responding to an apparent condition ofemergency.
(4) "motor vehicle" includes an automobile, motorcycle and any other vehicle
propelled or driven otherwise than by muscular, gravitational or wind power,
except a motorized wheelchair, a vehicle running only upon rails, a farm tractor or
a self-propelled implement of husbandry, and an off-highway vehicle as defined
from time to time in the Off-Highway Vehicles Act;
(5) "point ofreception" means any point on premises containing a dwelling unit
where sound, originating from other premises, including other dwelling units, is
received;
(6) "public address system" means any system comprised of one or more ofthe
following and in any combination: loudspeaker, amplifier, microphone, turntable,
reproducer, receiver or tuner, where such equipment is part of a system used to
reproduce or amplify sounds;
(7) "recreational vehicle or boat" means an off-highway vehicle as defined in the Off
Highway Vehicles Act and any motorized water-craft except a commercial fishing
boat or a boat used as a ferry or in a commercial enterprise.
Prohibitions and Interpretations
3. No person shall engage in any activity which is likely to generate noise or sound
that unreasonable disturbs the peace and tranquility of a neighbourhood. For the
purpose ofthis section, evidence that one neighbor is unreasonably disturbed by a
noise is prima facie evidence that the neighbourhood is unreasonable disturbed by
the noise.
4. Without limiting the generality ofsection (3), the activities or noises listed in
Schedule "A" during the proscribed times as set out therein are deemed to be
activities which are likely to generate noise or sound that unreasonable disturbs
the peace and tranquility of a neighbourhood ifthe sound resulting from the
activity is audible at a point ofreception.
5. No person shall generate, or cause or permit to be generated, a noise or sound that
is measurable in A-weighted sound pressure level at a point ofreception.
(1) in excess of70 dBA, before 7:00 a.m. or after 10:00 p.m.
(2) in excess of90 dBA, at other times.
Fixed Exemptions
6. This By-Law does not apply to:
(1) Emergency response personnel engaged in the execution oftheir emergency
response duties; or
(2) Persons acting at the request ofemergency response personnel during an
actual or apparent emergency condition,
and, without limiting the generality ofthe foregoing, noises caused by emergency
response vehicles and air ambulances are specifically exempt from prosecution.
7. Notwithstanding any other provisions ofthis By-Law, this By-Law shall not apply
to or proscribe:
(l) the emission ofsound in connection with any organized traditional, festive or
religious activity celebrating:
(a) Canada Day;
(b) New Year's Eve;
(c) Religious holidays; or
(d) Town Facilitated Event.
(2) the emission of sound in connection with calls to worship, ringing ofbells at
places ofreligious worship, or services ofreligious worship;
(3) noise caused by the Municipality, the Government ofCanada, the Province of
Nova Scotia, the Nova Scotia Power Corporation, and telecommunication
companies and their contractors and employees when acting the reasonable
execution oftheir duties;
(4) noises in connection with organized athletic or recreational activities in
municipal or public park areas, arenas or community centres between 5:00
a.m. and midnight;
(5) noises from the organized and scheduled activities and events offestivals,
parades, street dances, rallies, or other community activities funded,
sponsored or licensed by the Federal or Provincial government or the
Municipality;
(6) noises emitted by audible pedestrian signals;
(7) noises resulting from the operation ofany refrigeration unit ",mch is attached
to a refrigeration truck ifthe refrigeration truck is parked (iBsert laeatiaBs
permitted); and regulated within land use bylaw
Grant of Exemptions By Council
8. Any person may make application to Council to be granted an exemption from
any ofthe provisions ofthe By-Law with respect to the emission ofnoise from an
industrial, institutional, commercial or community activity for which that person
might otherwise be prosecuted. Council, by resolution may; grant the
exemption, refuse to grant the exemption or may grant the exemption oflesser
effect. Any exemption so granted shall:
(1) specify a time period of not greater than (15 years) during which the
exemption shall be effective;
(2) shall be confirmed in writing by the CAO before becoming effective; and
(3) shall include such terms and conditions as Council deems appropriate.
9. In deciding whether or not to grant an exemption under section (8) or in
determining terms or conditions ofthe exemption, Council shall give
consideration to:
(1) the social or economic benefit ofthe proposed activity to the municipality;
(2) the volume, nature, duration and consistency of noise emission from the
proposed activity;
(3) the proximity and nature of abutting or adjacent land uses;
(4) the hours of operation ofthe proposed activity;
(5) any other factor relevant to balancing the interests ofthe applicant in the
proposed activity against the interests ofthose persons who might be
disturbed by the proposed activity.
10. Applications for an exemption for an activity ofless than 14 days duration do not
require a public hearing pursuant to this section or notice pursuant to section (11),
but all other exemptions, renewals of exemptions, or amendments expanding the
scope ofan exemption shall only be granted after a public hearing at which
Council shall give the applicant and any person interested in the application an
opportunity to be heard.
11. Seven days notice ofthe time, date and purpose ofpublic hearing pursuant to
section (10), shall be mailed by the applicant Town to the assessed owner or
owners, as shown in the records ofthe Assessment Office, of each property which
contains a building located within 150 meters ofthe property which will be the
subject ofthe hearing, except that where the exemption is sought for an outdoor
event not conducted at a fixed location, notice may be given by advertisement, ef
not less than (lS sqIuIFe em.) in size, in a local newspaper ofmass circulation.
12. Any contravention ofthe terms or conditions of an exemption pursuant to section
(8) shall constitute a contravention ofthe By-Law. In addition to any other
available remedies for such contravention, the CAO or designate may on
reasonable and probable grounds, without a hearing, suspend an exemption for a
period ofup to 30 days pending council review ofthe exemption.
13. Any exemption pursuant to section (8) shall be reviewable by Council at any time
upon 14 days notice to the person exempted, and Council is free to revoke,
suspend or restrict the exemption with or without cause having regard to the
criteria set forth in section (9), without giving notice to adjacent owners in
accordance with section (10).
Penalty
14. Any person who contravenes any provision ofthe By-Law is punishable on
summary conviction by a fine ofnot less than (insert minimum fine amount)
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and not more than (insert maximum fine amount) and to imprisonment ofnot
more than (insert maximum imprisonment) in default ofpayment thereof.
15. Any person who contravenes sections (insert section numbers of Payment in
Lieu of Prosecution Offences) ofthis By-law and who is given notice ofthe
contravention may pay to the (Municipality), at the place specified in the notice,
the sum of($insert amount pursuant to Payment in Lieu of Prosecution
Policy) within 14 days ofthe date ofthe notice and shall thereby avoid
prosecution for the contravention.
Repeal
16. (Chapter ( ) of the By-Laws OR By-Law Number ( ) of the (Municipality)
entitled (insert name of repealed Noise or Nuisance By-Law) is hereby
repealed and replaced by this By-Law.)
Schedule A
Part 1:
Activities pr8seribed prohibited at all times:
1. The operation ofany combustion engine or pneumatic device without an effective
exhaust or intake muffling device in good working order and in constant
operation.
2. The operation of a vehicle or a vehicle with a trailer resulting in banging,
clanking, squealing or other like sounds due to an improperly secured load or
equipment or inadequate maintenance;
3. The operation ofa motor vehicle horn or other warning device except where
required or authorized by law or in accordance with good safety practices;
4. The detonation offireworks ofexplosive devices not used in construction or
quarrying;
5. The discharge offirearms except \vhen used as s signaling dev'iee in a sprinting
competition; discharge offireamls are already prohibited within the town.
6. The operation ofa combustion engine which is used in or intended for use in a toy
or a model or replica ofany device, which model or replica has no function other
than amusement or which is not a conveyance;
7. The operation ofa recreational vehicle or boat within 10 meters ofa dwelling unit
without the consent ofan adult occupant ofthe dwelling unit;
8. Persistent barking, howling or other persistent noise-making by a dog or other
animal owned or possessed by the occupant ofpremises;
9. The operation ofan engine or motor in, or on, any motor vehicle or item of
attached auxiliary equipment for a continuous period exceeding five minutes
unless:
(1) the original equipment manufacturer specifically recommends a longer idling
period for normal and efficient operation ofthe motor vehicle in which case
such recommended period shall not be exceeded;
(2) operation ofsuch engine or motor is essential to a basic function ofthe vehicle
or equipment, including but not limited to, operation ofready-mixed concrete
trucks, lift platforms and refuse compactors;
(3) weather conditions justify the use ofheating or refrigerating systems powered
by the motor or engine for the safety and welfare ofthe operator, passengers
or animals, or the preservation ofperishable cargo, and where the vehicle is
stationary for purposes ofdelivery or loading.
(4) prevailing low temperatures make longer idling periods necessary
immediately after starting the motor or engine;
(5) the idling is for the purpose ofcleaning and flushing the radiator and
associated circulation system for season change ofantifreeze, cleaning ofthe
fuel system, carburetor or the like, when such work is performed other than
for profit.
10. The operation ofany item ofconstruction equipment in a residential area without
effective muffling devices in good working order and in constant operation;
Part 2: Activities pFoseFii:Jed prohibited on a Monday, Tuesday, Wednesday,
Thursday or Friday before 7:00 a.m. or after 9:30 p.m.; on a Saturday before
8:00 a.m. and after 7:00 p.m.; and on a Sunday, Statutory Holiday or
Remembrance Day before 9:00 a.m. and after 7:00 p.m.:
1. The operation in the outdoors ofany power tool for domestic purposes other than
snow removal or gardening;
2. Yelling, shouting, hooting, whistling, singing or playing musical instruments.
3. Within a residential area.1 the loading or unloading of any containers, products,
materials or refuse with the exception ofprivate household effects;
4. The use or operation of any commercial vacuuming equipment such as rug
cleaning equipment;
5. The operation ofany public address system, television set, disc player, tape deck,
phonograph, digital audio device, or radio in a manner such that the sound from
the equipment being operated is audible beyond the bounds ofthe property from
which the noise is emitted;
6. The operation ofany motorized conveyance other than on a street or other place
intended for its operation;
7. All selling or advertising by shouting or outcry or amplified sound;