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1.
This Bylaw shall be known as the Noise Control Bylaw.
2.
In this Bylaw:
2.1
"A-Weighted Continuous Noise Level" and "dBA" both have the meaning used in
the Ontario Municipal Model Noise Code (1978) and are more specifically defined
in Appendix "A".
2.2
"Dwelling Unit" means living quarters that:
(i)
are accessible from a private entrance, either outside the building or I a
common area within the building;
(ii)
are occupied or, if unoccupied are reasonably fit for occupancy;
(iii)
contain kitchen facilities within the unit; and
(iv)
have toilet facilities that are not shared with the occupants of other
dwelling units.
"Dwelling Unit" also includes the real property upon which the dwelling unit is
located as well as the lawns, yards and surrounding area.
2.3
"Occupant(s)" shall mean anyone who resides at a dwelling unit.
2.4
"Sound System" shall include a public address system, phonograph, gramophone,
radio, cassette tape player, compact disc player, computer or computer accessory,
loud speaker, microphone, or any other device or apparatus, whether operated
electrically, mechanically or in any other way whatsoever, whether movable or
stationary, whether located inside or outside a dwelling unit or motor vehicle, that
reproduces, amplifies, emits, or transmits sounds.
2.5
"Town" means the Town of Truro.
2.6
"Police Officer" means a member of the Truro Police Service.
3.
The following acts, among others, are hereby declared to be noises which disturb or tend
to disturb the peace and tranquility of the residents of the Town or any portion of the
Town.
Town of Truro - Bylaws
Subject:
Noise Control
Bylaw Number:
B130-004
Approval Date:
July 7, 2003
Departments:
Police Service
Making any noise or combination of noises which, when measured on any
property on which the noise is heard or the noises are heard, exceeds the
applicable A-Weighted continuous noise level as follows:
Time
7:00am - 10:00pm
65 dBA
10:00pm - 7:00am
55 dBA
4.
4.1
No person in the Town shall make, cause or allow any noise which disturbs or
tends to disturb the peace and tranquility of any resident of the Town.
4.2
No person who owns, or has under their supervision or control, a dog, shall permit
the dog to make any noise which disturbs or tends to disturb the peace and
tranquility of any resident of the Town.
4.3
No person in the Town shall operate or cause to permit to be operated any sound
system at such a level that the resulting sound is heard in a dwelling unit, other
than the dwelling unit in which the sound system in question is located.
4.4
No person shall by fighting, screaming, shouting, or signing, cause any loud and
unnecessary noise.
5.
No occupant shall allow or permit to occur in the dwelling unit of which that person is the
occupant, any activity prohibited by this Bylaw.
6.
This Bylaw does not apply to the following:
6.1
Employees of the Town, the Province of Nova Scotia, the Government of Canada,
Cape Breton, Northern Railway, Canadian National Railroad, Nova Scotia Power
Incorporated, Maritime Tel & Tel Co. Ltd. and Eastern Cablevision when these
employees are acting in the reasonable execution of their duties.
6.2
Noises emitted by machinery or equipment when used under the provisions of 6.1
above.
6.3
A person or a corporation, or an employee of such person or corporation,
reasonably performing work at the request of any party described in 6.1 above.
6.4
Noise emitted by machinery or equipment used in lawn mowing or snow removal
and snow clearing operations.
6.5
Noises in connection with athletic, recreational or school activities in arenas,
playing fields, courts, school grounds or in Town park areas between the hours of
7 a.m. and 11 p.m.
6.6
Noises in relation to religious activities between the hours of 7 a.m. and 11 p.m.
6.7
Noises in relation to parades, street dances, or other community activities between
the hours of 7 a.m. and 11 p.m. subject to permission having been granted under
Section 7 of this Bylaw.
6.8
The regulation of any loud and unnecessary noise in or from the engine, exhaust
system, braking system, or from the contact of the tires with the roadway, by a
motor vehicle from starting, driving, turning, stopping or accelerating all of which
is within the jurisdiction of the Motor Vehicle Act.
6.9
The emission of sound in connection with any organized traditional, festive or
religious activity celebrating:
6.9.1 Canada Day;
6.9.2 New Years' Eve; or
6.9.3 Religious holidays.
7.
Notwithstanding any other provision of this Bylaw, it is lawful to emit or cause or permit
the emission of noise in conjunction with:
7.1
Emergency services undertaken of this Bylaw, it is lawful to emit or cause or
permit the emission of noise in conjunction with;
7.2
Emergency measures undertaken for the preservation of property;
7.3
Construction activities between the house of 8 a.m. and 8 p.m. for which a
Building Permit has been issued by the Town;
7.4
Agricultural activities carried on by a farm operation.
8.
An exemption from the application of this Bylaw may be considered or may not be
considered by the Town Council as it deems appropriate upon receiving an application for
said exemption at least thirty (30) days prior to the contemplated activity commencing. In
those cases where an exemption is to be considered, the following terms shall apply:
8.1
An application for exemption under this Bylaw must be presented on a Form "A"
attached to this Bylaw.
8.2
Notwithstanding anything contained in this Bylaw any person may make
application to the Council to be granted an exemption from any of the provisions
of this Bylaw with respect to any emission of noise for which that person might be
prosecuted. The Council may refuse to grant any exemption applied for or may
grant the exemption applied for or any exemption of lesser effect. Any exemption
granted shall specify the time period, not in excess of six months, during which the
exemption shall be effective and the exemption shall be in written form and shall
include such terms and conditions as the Council deems appropriate.
8.3
In deciding whether or not to grant an exemption, the Council shall give
consideration to the social or commercial benefit of the proposed activity to the
Town, the views of any residents of the Town which may be expressed to the
Council, the proposed hours of operation of the proposed noise making activity,
the proposed duration of the subject activity and the level of noise anticipated to
be generated by the activity.
8.4
In those cases where an exemption is granted, the Town Council may revoke the
exemption if it believes that a breach of same has occurred.
8.5
Any alleged breach by the applicant of any of the terms or conditions of any
exemption granted by the Council shall be investigated by Town staff and reported
to the Council in writing. The Council shall determine whether or not a breach has
taken place and where it determines that a breach has taken place as much as five
(5) days may be allowed for ceasing the activity.
9.
Any police officer of the Town may enter upon or into private property for the purpose of
inspection, maintenance and enforcement of this Bylaw.
10.
Every person who contravenes or fails to comply with any of the provisions of the Bylaw
shall be liable to a penalty of $387.50 per occurrence payable to the Town of Truro.
11.
Any police officer of the Town may choose to issue a Summary Offence Ticket to enforce
this Bylaw.
12.
Any person, upon conviction or upon a guilty plea, who does not pay his or her penalty
within the time specified by the Court, shall be liable to imprisonment for a period to be
determined by the Court.
13.
The Town of Truro Bylaw entitled "Anti-Noise Bylaw" and previous versions of this
Bylaw are hereby repealed effective January 1, 2003 and replaced by this Bylaw.
Appendix "A"
"A-weighting" is the frequency weighting characteristic as specified in IEC 123 or IEC
179 and intended to approximate the relative sensitivity of the normal human ear to
different frequencies (pitches) of sound.
The "A-weighted sound pressure level" is the sound pressure level modified by
application of the A-weighting. It is measured in A-weighted decibels, denoted dBA.
Form "A"
Town of Truro - Noise Bylaw Exemption Application*
Name of Applicant:
Address:
Telephone #:
Name and Phone # of Person Overseeing Event:
What group, club, association or society is involved?
THE ACTIVITY ITSELF
Where:
When (a)
Date(s)
From:
To:
(b)
Time(s)
From:
To:
What type of sound system is expected to be used?
Will efforts be made to curb the noise level?
Have/will surrounding property owners be contacted to apprise them of this activity and to solicit
their acceptance?
Why is the activity being held?
Is there somewhere else the activity could be held?
FOR INTERNAL USE
POLICE COMMENTS
COUNCIL DECISION
* This application must be submitted to the Town Office at least thirty (30) days prior to the proposed event.