This is the exact embedded text of the captured official document.
Snapshot 2119b3e4960f · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Town of Wolfville
Bylaw 64
Prevention of Excessive Noise By-law
1. Title
This Bylaw is entitled the "Prevention of Excessive Noise By-law".
2.
Definitions
In this By-law:
(1)
A-weighted Continuous Noise level and dBA both have the meaning used in
Ontario Municipal Model Noise Code (1978);
(2)
CAO means the Chief Administrative Officer of the Town of Wolfville;
(3)
Construction
includes
erection,
alteration,
repair,
dismantling
and
demolition of structures and includes structural maintenance, hammering,
land clearing, moving of earth, 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 of any equipment, the
structural installation of construction components or materials in any form
whatsoever, the placing or removing of any construction related materials
and includes any related work, but does not include blasting;
(4)
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 trucks,
ditchers, compactors and rollers, pumps, concrete mixers, graders and other
material handling equipment;
(5)
Council means the Council of the Town of Wolfville;
(6)
Dwelling Unit means living quarters, accessible from a private entrance
either outside a building or in a common area within a building, that are
occupied or, if unoccupied, are reasonably fit for occupancy, and that:
(a)
contain kitchen facilities within the unit; and
(b)
have toilet facilities that are not shared with the occupants of other
dwelling units;
(c)
and includes any additional space which the occupier is entitled to
occupy, including but not limited to decks, patios, yards and driveways;
Page 1 of7
Town of Wolfville
Bylaw 64
Prevention of Excessive Noise By-Law
(7)
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
of emergency;
(8)
Enforcement Officer includes a By-law Officer, Compliance Officer, Dog
Control Officer or any other person appointed by the CAO or empowered by
legislation to enforce this By-law;
(9)
Motor Vehicle includes an automobile, motorcycle, farm tractor or a self-
propelled implement of husbandry, an off-highway vehicle as defined in the
Off-Highway Vehicle Act, and any other vehicle propelled or driven otherwise
than by muscular, gravitational or wind power, except a motorized
Wheelchair;
(10) Occupier means:
(a)
A person who is a tenant of a dwelling unit, or
(b)
A person who has responsibility for, or control over, a dwelling unit or
the activities there carried on.
(c)
For greater certainty, there may be more than one occupier of a dwelling
unit.
(11)
Owner means a person or entity who actually owns the dwelling unit and to
whom the property is deeded;
(12)
Police Officer means a member of the RCMP or municipal police force
lawfully employed in the Province of Nova Scotia;
(13) Private Property means real property upon which a dwelling unit is located,
including driveways, lawns, yards and surrounding areas;
(14) Sound System include a public address system, radio, 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 moveable or stationary, whether located
inside or outside a dwelling unit or motor vehicle, that reproduces, amplifies,
emits, or transmits sounds;
(15) Town means the Town of Wolfville.
Page 2 of7
Town of Wolfville
Bylaw 64
Prevention of Excessive Noise By-Law
3.
Mechanical Prohibitions
The following are deemed to be noises which disturb or tend to disturb the peace and
tranquility of any person located within the boundaries of the Town of Wolfville or any portion
of it:
(1)
Any noise or combination of noises which, when measured on the property
or at a boundary line of the property on which the noise is heard or the
noises are heard, exceeds the applicable A-weighted continuous noise level
as follows:
7:00 am -10:00 pm
65 dBA
10:00 pm - 7:00 am
55 dBA
(2)
The operation of any motor vehicle engine or boat motor, except through a
muffler or muffler components that would have been installed as original
equipment, to effectively prevent the loud exhaust noise.
(3)
The operation of any noise-creating blower power fan or any internal
combustion engine, the operation of which causes noise due to the explosion
of operation gases or fluids, unless the noise from such blower or fan is
muffled and such engine is equipped with a muffler device sufficient to
attenuate excessive noise.
4.
Other Prohibitions
(1)
No person shall engage in any noise-making activity that unreasonably
disturbs or tends to disturb the peace and tranquility of any person located
within the boundaries of the Town of Wolfville;
(2)
No person who owns, or has under their supervision or control, a dog, shall
permit the dog to make any noise which unreasonably disturbs or tends to
disturb the tranquility of any person located within the boundaries of the
Town of Wolfville;
(3)
No person shall operate or cause or 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)
No person who is in a dwelling unit shall be:
(a)
fighting,
(b)
screaming,
Page 3 of7
Town of Wolfville
Bylaw 64
Prevention of Excessive Noise By-Law
(c)
shouting, or
(d)
singing
'il
wol\vi.lLe.
and thereby cause any loud and unnecessary noise heard on another property
or at a boundary line of the other property, or in a dwelling unit other than
the dwelling unit in which the noise is generated;
(5)
No occupier shall allow or permit to occur in the dwelling unit of which that
person is the occupier, any activity prohibited as outlined under Section 4(4)
above;
(6)
No occupier or owner shall engage in or permit any activity in a dwelling unit
which unreasonably disturbs the peace and tranquility of the Town or any
portion of it.
5.
Exemptions
This By-Law does not apply to:
(1)
Employees of the Town of Wolfville, the Province of Nova Scotia, the
Government of Canada, Nova Scotia Power Incorporated, and any regulated
utility when these employees are acting in the ordinary course of their
duties;
(2)
Noises emitted by machinery or equipment when used under the provisions
of (1) above;
(3)
A person or a corporation, or an employee of such person or organization,
reasonably performing work at the request of any party described in (1)
above;
(4)
Noise emitted by machinery or equipment used in snow removal and snow
clearing operations.
(5)
Noises in connection with athletic, recreational or school activities in arenas,
playing fields, courts, school grounds or Town park areas between the hours
of 7:00 am and 11:00 pm;
(6)
Noises in relation to religious activities between the hours of 7:00 am and
11:00 pm;
(7)
Noises in relation to parades, street dances, or other community activities
between the hours of 7:00 am and 11:00 pm subject to permission having
been granted under Section 6 of this By-law;
Page 4 of7
Town of Wolfville
Bylaw 64
Prevention of Excessive Noise By-Law
(8)
Noises in connection with "Welcome Week" which are held on the main
campus of Acadia University. This exception shall only apply between 7:00
am and 11:00 pm, and "Welcome Week" shall only include that week as
determined annually in accordance with the University Calendar of Acadia
University.
(9)
Noises in connection with any event organized by the Town of Wolfville that
occur between 7:00 am and 11:00 pm;
(10) Notwithstanding any other provisions of this By-law, it is lawful to emit or
cause or permit the emission of noise in conjunction with:
(a)
Emergency Response Personnel services undertaken for the immediate
health, safety and welfare of any person;
(b)
Emergency Measures Response Personnel services undertaken for the
preservation of property; and
(c)
Emergency Response Personnel services undertaken for the purpose of
training exercises;
(11) Construction and construction equipment activities between the hours of
7:00 am and 8:00 pm.
6.
Grant of Exemptions
An exemption from the application of this By-Law may be granted by the CAO upon receipt of a
completed "Temporary Noise Permit Exemption Application" at least 10 days before the
activity which may violate this By-Law. The request for an exemption may be in the form in
Schedule 1, under the following terms:
(1)
In deciding whether or not to grant an exemption, the CAO 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 known to
the CAO, the proposed hours of operation of the proposed noise making
activity, the impact on residents, and the proposed duration of the subject
activity;
(2)
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
CAO deems appropriate;
(3)
In deciding whether or not to grant an exemption, the CAO shall give the
applicant and any person or persons who may be affected by the proposed
activity an opportunity to be heard. The CAO shall notify, by regular mail, all
property owners within 100 meters, advising that an application for an
Page 5 of7
Town of Wolfville
Bylaw 64
Prevention of Excessive Noise By-Law
exemption has been received, and the CAO shall invite comment about the
request for an exemption.
Said notification shall be in Form 2, Noise
Exemption Permit Application Notification.
(4)
The CAO may refuse to grant any exemption.
(5)
If the CAO determines that a breach of an exemption has taken place the
CAO may revoke the exemption.
(6)
Upon the granting of an exemption by the CAO, the CAO shall deliver, by
ordinary mail, to all property owners within 100 meters of the location of the
exempt activity, notification of the exemption and information respecting an
appeal. This notification shall be in the form of Schedule 2: Noise Exemption
Permit Application Notification.
(7)
The decision of the CAO may be appealed by any person to Council. The
grounds of appeal are limited to:
(a)
a refusal by the CAO to grant an exemption; or
(b)
the terms or condition of an exemption granted by the CAO.
(8)
Such an appeal must be initiated by notice in writing by any person to
Council and received by the Municipal Clerk of the Town within seven
business (7) days of the mailing date of Schedule 2: Noise Exemption Permit
Application Notification.
(9)
Upon notification of an appeal, Council shall convene to hear the appeal
within three (3) business days. The appellant or appellants shall have an
opportunity to address Council before a decision is rendered. The decision of
Council shall be final and take effect immediately.
(10) An applicant who is granted an exemption to this By-Law by the CAO or
Council shall sign and abide by all of the Terms and Conditions in Schedule 3.
7.
Penalty and Enforcement
(1)
Any Enforcement Officer or Police Officer may enter upon private property
for the purpose of investigation and enforcement of this By-law;
(2)
In a prosecution for a violation of this By-law, evidence that one person,
including a Police Officer or Enforcement Officer, is unreasonably disturbed
by a prohibited activity is prima facie evidence that the peace and tranquility
of the Town or any portion of it is unreasonably disturbed;
Page 60f7
Town of Wolfville
Bylaw 64
Prevention of Excessive Noise By-Law
8.
Repeal
(3)
Any Police Officer or Enforcement Officer who believes on reasonable and
probable grounds that there has been a violation of this by-law may issue a
Summary Offence Ticket;
(4)
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 two hundred dollars
($200.00) for a first offence, not less than four hundred dollars ($400.00) for
a second offence, and not less nine hundred dollars ($900.00) for a third and
any subsequent offence.
(5)
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 of time to be determined by the Court.
(1)
Any previous Noise Control By-laws and amendments thereto are repealed
upon coming into force of this By-law.
Clerk's Annotation for Official By-law Book
Date of first reading:
2016-04-19
Date of advertisement of Notice of Intent to Consider:
2016-04-26
Date of second reading:
2016-05-18
Date of advertisement of Passage of By-law:
2016-05-23
Date of mailing to Minister a certified copy of By-law:
2016-05-26
I certify that this PREVENTION OF EXCESSIVE NOISE BY-LAW # 64 was adopted by Council and
published as indicated
Page 7 of7
Town of Wolfville
Bylaw 64
Prevention of Excessive Noise By-Law
Schedule 1.
Temporary Noise Exemption Permit Application
The Town of Wolfville's Prevention of Excessive Noise By-law No. 64 allows a person to apply for
a permit to engage in any activity that creates a noise that is otherwise prohibited by this by-
law. The application must be received in writing at least ten (10) calendar days prior to the
requested issuance date and time of the noise for which an exemption is sought.
Submit form(s) to the C.A.O., Town of Wolfville, 359 Main Street, Wolfville, N.S. B4P lA2
Location of noise activity: _ ________________________ _
Type of noise (music, construction, etc.): _____________________ _
Reason for request (exceeds noise levels, exceeds hours allowed, etc.): ___________ _
Estimated time of events (example Sam-lOam): __________________ _
Any other information the applicant wishes to submit (attach a separate sheet of paper).
Oate(s) of event
Applicant Name:
Print Name:
Applicant Mailing Address:
(Street)
(City, Province, Postal Code)
Phone: Daytime:
Night:
Cell:
Email:
Property Owner Name if different from Applicant:
Note: If different, applicant must attach letter from property owner authorizing use.
Address:
City:
PROV:
PC:
If application IS denied or modified, applicant may appeal to Town CouncIl.
Applicant Signature: ______________ Oate: ___________ _
Print Name:
OFFICE USE (TOWN OF WOLFVILLE)
Application is: [ 1 Approved [ 1 Modified [ 1 Denied
By: ______ Date: ___ _
Applicant notified: [ 1 Mail [ 1 Fax [ 1 Email [ 1 Telephone
By:
Date: ___
_
Appeal decision: ___________ --=-________ -::-_.,--_____ _
Permit Issued: Date:
B :
Permit:
Note to Applicant: The Town will deliver, by mail, a notice to all property owners within 100
meters of the property upon which the noise originates if an exemption is granted. The decision
of the CAO regarding this request is appealable to Council by the applicant or any person.
Schedule 1- Prevention of Excessive Noise Bylaw Ch64
Town of Wolfville
Bylaw 64
Prevention of Excessive Noise By-law
Schedule 2: Noise Exemption Permit Application Notification
Name of Property Owner: _________________________ _
Address of Property Owner: ________________________ _
City: _____________ Provo ____ Postal: _____ _
Dear Resident or Business Occupant,
In accordance with the Town of Wolfville's Prevention of Excessive Noise Bylaw, you are being
notified that an application has been submitted to the Town of Wolfville requesting a permit for
a temporary exemption to the provisions of the Prevention of Excessive Noise Bylaw for the
purpose of (type of noise)
The
requested dates/times are (month, date, year / times) ______________ _
Pursuant to this By-law, the Chief Administrator Officer (CAO) of the Town of Wolfville has the
discretion to grant or refuse to grant an exemption. The decision of the CAO may be appealed
to Town Council.
If you wish your views on this application to be known to the CAO, you should immediately
contact the CAO in writing at 359 Main Street, Wolfville, or by calling 902-542-5767 or by email
at CAO@wolfville.ca.
.
Schedule 2 - Prevention of Excessive Noise Bylaw Ch64
Town of Wolfville
Bylaw 64
Prevention of Excessive Noise By-Law
Schedule 3, Terms & Conditions
The applicant agrees to abide by the following terms and conditions:
1.
Individuals in attendance are expected to abide by all posted parking signage. Dn-street parking
is restricted to a maximum that is indicated.
2.
If the applicant is not the owner of the property for which the exemption is requested, the
applicant shall provide a letter of approval granting the applicant permission to apply for a noise
exemption. Where the property owner is a professional entertainment or event venue, no letter
of approval is required.
3.
The applicant shall post in a conspicuous location the letter of approval for the requested noise
exemption and shall be able to produce a copy of the letter during the event if requested by a law
enforcement official.
4.
The applicant will abide by any additional terms and conditions identified by the C.A.D. and set
out in the letter of approval granting the requested noise exemption.
5.
Issued permits may be revoked at the sole discretion of the CAD.
6. Failure to comply with any terms and conditions of the noise exemption may be considered by
the CAD in any future requests for an exemption from this bylaw.
Agreement & Signature
Applicant's Signature
Date
Town of Wolfville Dffice Use Only
The above exemption to the Town of Wolfville's Noise Bylaw is:
Approved: [ 1
Not Approved: [
Approved, but with the following conditions: [ 1
Town of Wolfville, C.A.D.
Date
Schedule 3 - Prevention of Excessive Noise Bylaw Ch64