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Noise By-law BY-LAW # HAM-2023-13
BY-LAW NO. HAM-2023-13
A BY-LAW RESPECTING DISTURBANCE BY NOISE
The Council of Hampton, under the authority vested in it by the Local Governance
Act, SNB 2017, c-18 as amended, enacts as follows:
Short Title
1.
This by-law shall be known as the Noise By-law.
Purpose
2.
This by-law is enacted to protect, preserve and promote the safety, health, welfare,
peace and quiet of the citizens of the Hampton through the reduction, control and
prevention of loud and excessive noise, or any noise which unreasonably disturbs,
injures, or endangers the comfort, repose, health, peace or safety of reasonable
persons of ordinary sensitivity.
Definitions
3.
In this by-law:
(a)
"Agricultural use" as defined by the Hampton Zoning By-law.
(b)
"contractor" means any person or persons whose services are engaged by
the Town by means of a written contract to carry out some work or perform
some action on behalf of the Town;
(c)
"Council" means the Mayor and Council of Hampton;
(d)
"noise" means any noise or sound of a volume or nature which causes or is
likely to cause annoyance to or disturb any resident or residents, or which
causes or is likely to cause a public disturbance, including but not limited
to noise caused by shouting, singing, music, motor vehicles including
motorcycles, motor bikes, off-road vehicles, air horns, engine brakes,
pneumatic hammers, construction equipment and machinery and animal
noises;
(e)
"off-road vehicle" means any motor vehicle designed or adapted for off-
road use and, without limiting the generality of the foregoing, includes an
all-terrain vehicle, a dirt bike, a dune buggy, a motorized snow vehicle or
an amphibious vehicle, but does not include any vehicle exempted from the
application of the Off Road Vehicle Act by regulation;
Noise By-law BY-LAW # HAM-2023-13
(f)
"owner" means the person or persons to whom a property is legally registered
as evidenced by the documents on title available online through Service New
Brunswick's Internet Real Property Registry service (PLANET);
(g)
"Peace Officer" means
(i)
a member of the Royal Canadian Mounted Police;
(ii)
a Police Officer appointed under section 10, 11 or 17.3 of the
Police Act;
(h)
"person" includes a corporation, partnership, association, society, club or firm;
(i)
"resident" means a landowner or tenant of property within the boundary of the Town;
(j)
"Town" means the municipality of Hampton.
Qualification
4.
(a)
No person shall make or permit to be made any noise within the Town
between the hours of 11:00 p.m. and 7:00 a.m daily.
(b)
For greater certainty, "noise" in paragraph (a) means noise as defined in
paragraph 3(d).
(c)
No person shall make or permit to be made, at any time:
i) the production of loud or unreasonably disturbing noises
when ordered by any Peace Officer not to do so;
ii) Make or cause to be made any unnecessary noise by means
of a vehicle, including off-road vehicle with the limits of
Hampton; or
iii) Allow their dog to bark or howl continuously.
5.
In addition to section 4, this by-law shall also apply to noise caused by pneumatic
hammers, construction equipment and machinery, and vehicles of business or trade
between the hours of seven o'clock in the morning (7:00 a.m.) and nine o'clock in
the evening (9:00 p.m.) on a Sunday.
Special case exceptions
6.
Without restricting the generality of sections 3 to 5, this by-law shall not apply to:
(a)
contractors and/or employees of the Town while in the reasonable course
of their duties;
(b)
snow removal equipment, authorized emergency vehicles and emergency
equipment;
(c)
the detonation of fireworks or explosive devices not used in construction,
Noise By-law BY-LAW # HAM-2023-13
when so authorized by Council;
(d)
noises in connection with athletic and recreational activities when taking
place on recognized sports fields and recreational facilities between the
hours of nine o'clock in the evening (9:00 p.m.) and midnight (12:00 a.m.);
(e)
noises in connection with organized and scheduled traditional, festive and
religious activities;
(f)
noises in connection with organized and scheduled activities and parades,
street dances and other community celebrations, when so authorized by
Council.
(g)
noise in connection with agricultural use, as defined by the Hampton Zoning
By-law, and being the activities that are part of a normal farm practice and
carried out as part of an agricultural operation, including the operation of
agriculture equipment on public roadways.
Application for exemption
7.
Notwithstanding any provision of this by-law, any person may apply to Council to
be granted an exemption from any provision of this by-law for which that person
might be prosecuted.
8.
An application for exemption under this by-law shall be in Form "A" attached to
this by-law.
9.
An exemption of this by-law may be considered by Council as it deems appropriate
upon receiving an application for said exemption at least thirty (30) days prior to
the start of the contemplated activity.
Noise By-law BY-LAW # HAM-2023-13
10.
In deciding whether or not to grant an exemption, Council shall give consideration
to the social or commercial benefit of the proposed activity to the town, the views
of any resident of the Town which may be expressed to Council, the proposed hours
of operation of the proposed activity, the proposed duration of the activity and the
level of noise anticipated to be generated by the activity.
11.
An exemption granted by Council shall be in writing, shall include such terms and
conditions as Council shall deem appropriate and shall specify the time period, not
to exceed six (6) months, during which the exemption shall be effective.
12.
In those cases where an exemption is granted, Council may revoke the exemption
if it believes that a breach of the terms and conditions of the exemption has
occurred.
13.
Any alleged breach of the terms and conditions of an exemption granted by Council
by the applicant shall be investigated by Town staff and reported to Council in
writing. Council shall then determine whether or not a breach has occurred. Where
Council determines that a breach has occurred, it shall order the activity to cease
within a maximum of five (5) days.
Offence
14.
Any person who violates a provision of this by-law commits an offence punishable
under Part II of the Provincial Offences Procedure Act as a category D offence.
15.
If a person continues to carry on any of the activities set out in sections 4 or 5 after
directed by a Peace Officer to cease and desist, that person is guilty of a separate
offence and a separate charge or charges may be laid until such time as the activity
is stopped.
Penalty
16.
A person held liable for an offence under this by-law is liable to a minimum fine of
one hundred and forty dollars ($140.00) and a maximum fine of one thousand and
seventy dollars ($1,070.00) plus a twenty per cent surcharge payable under the
Victims Services Act, and in default of payment thereof to prosecution in accordance
with the provisions of the Provincial Offences Procedure Act.
Noise By-law BY-LAW # HAM-2023-13
Liability
17.
The owner of a property where an offence is committed under this by-law is liable
for the offence, unless the property owner establishes that the offence was
committed by a person or persons unknown to them and without their knowledge
or consent.
18.
Where an offence under this by-law is committed on rented premises, the owner of
the property where the offence is committed shall furnish within seven (7) days a
copy of the lease on the property, and on failure to do so shall be guilty of an
offence. The leaseholder shall then be held liable for the offence, unless the
leaseholder establishes that the offence was committed by a person or persons
unknown to them and without their knowledge or consent.
Notice
19.
Notice of an offence committed under this by-law shall be in the form of an
Appearance Notice under the Provincial Offences Procedure Act (Form 2) and such
notice shall be served on the person presumed to be liable for the offence.
Enforcement
20.
This by-law shall be enforced by a Peace Officer in accordance with the provisions
of the Provincial Offences Procedure Act.
21.
A Peace Officer may enter upon private property for the purpose of inspection,
maintenance and enforcement of this by-law.
22.
A person held liable for an offence under this by-law other than failure to comply
with a Judge's Order may, on or before the hearing scheduled for entering a plea
before the Provincial Court and at the discretion of the Peace Officer, return a Plea
of Guilty Form (Form 8) and pay the prescribed fine in cash, certified cheque, bank
draft or money order, and upon such payment, the person committing the violation
is not to be prosecuted or further prosecuted therefor.
23.
A fine may be paid:
(a)
in person, during regular office hours, to the Town Clerk or other
person(s) so designated by Council, at Town Hall;
(b)
by mail addressed to the Office of the Town Clerk, 27 Centennial Road,
P.O. Box 1066, Hampton, New Brunswick, E5N 8H1.
Noise By-law BY-LAW # HAM-2023-13
Severability
24.
Every provision of this by-law is independent of all other provisions and a
determination of invalidity or unconstitutionality by a court of competent
jurisdiction of one provision shall not affect the validity of the remaining
provisions.
Read First Time: May 9, 2023
Read Second Time: May 9, 2023
Read Third Time and Enacted: July 11, 2023
__________________________________ ___________________________________________________
Robert Doucet, Mayor Megan O'Brien Harrison, Director of Legislative Service
Noise By-law BY-LAW # HAM-2023-13
APPLICATION FOR EXEMPTION UNDER THE NOISE BY-LAW
(FORM "A")
CONTACT INFORMATION
Name of Applicant:
Address:
Telephone:
(home)
(work)
Name of group/organization/
club/society (if applicable):
ACTIVITY INFORMATION
Purpose of Activity:
Date(s) of Activity:
Time(s) of Activity:
from:
to:
Location of Activity:
Is there somewhere else
the activity could be held?
Y (list)
/ N
Type of sound system
to be used (if applicable):
Will efforts be made to
Curb the noise level:
Y(describe)
/ N
Have/will surrounding
property owners be contacted
to apprise them of this
activity and to solicit their
approval?
FOR INTERNAL USE
Police Comments:
Council decision:
NOTE: This application must be submitted to the Town Office a minimum of thirty (30) days prior
to the proposed activity
Noise By-law BY-LAW # HAM-2023-13