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VILLAGE OF MCADAM
BY-LAW NUMBER 54
NUISANCE BY-LAW
BE IT ENACTED by the Council of the Village of McAdam as follows:
PART 1 - DEFINITIONS
1.
Name:
This By - Law may be cited as "The Village of McAdam Nuisance By - Law".
2.
Definitions:
In this By - Law
(a)
"bona fide farm" means arable land and complementary buildings, operated
as a farm enterprise by a bona fide farmer and farm property includes leased
land that is operated as part of a farm enterprise;
(b)
"Council" means the duly elected Council of the Village of McAdam;
(c)
"Fire Chief" means the Fire Chief of the Village of McAdam Fire Department
or designate;
(d)
"person" includes a firm, corporation and association;
(e)
"public park" includes park land or trails owned or used by the Village of
McAdam;
(f)
"recreational vehicle" means any motor vehicle which is designed to be, or
intended to be, used other than on a public highway or on the surface of the
water and includes, without limiting the generality of the foregoing, all - terrain
vehicles, trail bikes and snowmobiles, but does not include a motor home or
travel trailer for the purposes of this By - Law;
(g)
"Village" means the Village of McAdam.
PART 2 - NOISE
3.
General Prohibition:
(a)
No person shall engage in any activity that unreasonably disturbs or tends to
disturb the peace and tranquillity of a neighbourhood at any time within the
Village.
(b)
Without limiting the generality of subsection (a), the activities listed is
Schedule "A" during the prohibited times and places as set out therein, are
deemed to be activities that unreasonably disturb the peace and tranquillity of
a neighbourhood and are prohibited.
(c)
the purpose of a prosecution pursuant to subsections (a) or (b), evidence that
one neighbour is unreasonably disturbed is prima facie evidence that the
neighbourhood is unreasonably disturbed.
4.
Prescribed Exemptions:
(a)
Notwithstanding any other provisions of this By - Law, it shall be lawful to
emit or cause or permit the emission of sound in connection with emergency
measures taken:
(i)
for the immediate health, safety or welfare of the inhabitants;
(ii)
for the preservation or restoration of property;
Unless such sound is clearly of a longer duration or more disturbing
than is reasonably necessary for the accomplishment of such
emergency purposes.
(b)
Notwithstanding any other provisions of this By-Law, Section 3 shall not apply
to:
(i)
employees, contractors, or agents of the Village or Province of New
Brunswick;
(ii)
noises caused by motor vehicles being used for emergency purposes;
(iii)
noises emitted by machinery or equipment owned by the Village or
contractors engaged by the Village when used in the normal course of
providing municipal services;
(iv)
noises caused by motor vehicles or work persons engaged in the
delivery of any type of fuel;
(v)
noises related to parades, street dances, sporting events, concerts or
other community activities conducted by the Village or approved by
Council.
5.
Grant of Exemptions by Council:
(a)
Notwithstanding any other provisions of this By-Law, any person may make
application to Council to be granted an exemption from any of the provisions
of this By-Law with respect to any emission of noise for which that person
might be prosecuted; and Council, by resolution, may refuse to grant any
exemption or may grant the exemption applied for any exemption of lesser
effect; and 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 Council deems appropriate.
(b)
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 municipality, the views of any residents of the municipality which may be
expressed to Council, the proposed hours of operation of the proposed noise
emitting activity and the proposed duration of the subject activity.
(c)
In deciding whether or not to grant an exemption, Council shall give the
applicant, and any person opposed to the application, an opportunity to be
heard during a Council Session and may consider such other matters as it
deems appropriate.
(d)
Any breach by the applicant of any of the terms or conditions of any
exemption granted by Council shall render such exemption null and void and
the applicant shall be subject to all of the terms and conditions of this By-Law
from the time of the breach of any term or condition of any exemption.
PART 3 - OPEN BURNING
6.
Burning:
(a)
Except as permitted in subsection (b) hereof, no person shall light any
exterior fire or burn rubbish, leaves, vegetation or other combustible materials
within the Village without first obtaining a Burning Permit from the Fire Chief.
Any Burning Permit which may, in the discretion of the Fire Chief be issued,
shall be upon such terms and conditions as the Fire Chief, in his discretion,
considers appropriate.
(b)
Notwithstanding any other provision of this By-Law, the following shall be
permitted;
(i)
the burning of brush, grass or other vegetation of bona fide farms in
areas zoned as Agricultural in the McAdam Zoning and Subdivision By
- Law provided that the Fire Chief is notified at least 24 hours in
advance;
(ii)
the burning of wood in outdoor fireplaces;
(iii)
gas, propane and charcoal barbeques;
(iv)
controlled burns by the McAdam Fire department for the purpose of
training;
PART 4 - GENERAL
7.
Disturbances:
(a)
No person shall unreasonably disturb the peace and quiet of other persons
by:
(i)
fighting, creaming or using obscene language;
(ii)
knocking on doors or ringing doorbells;
(iii)
loitering in any public place or on any commercial property.
(b)
for the purpose of a prosecution pursuant to subsection (a) evidence that one
person is unreasonably disturbed is prima facie evidence that other persons
are unreasonably disturbed.
8.
Public Nuisances:
(a)
No person shall deface, alter or destroy any public or private building, fence,
sign or any other structure or any property or any public notice erected or
placed under the authority of the Village, Provincial Government or Federal
Government.
(b)
No person shall damage or unnecessarily obstruct any street, road, highway,
sidewalk or other public place or thoroughfare in the Village.
(c)
No person shall cast, project or throw any stone, snowball, ice or other object
or use a bow and arrow, catapult, slingshot, air gun or any other such device
on any street, road, highway, sidewalk or other public place or thoroughfare in
the Village.
(d)
No person shall allow or permit an animal owned or controlled by that person
to engage in persistent barking, calling, whining or making any similar
persistent noise at any time.
9.
Park Curfew:
(a)
No person shall use or be in any public park within the Village on any day
between the hours of 10:00 p.m. and 7:00 a.m. without first obtaining written
authorization from the Village.
10.
Halloween Curfew:
(a)
Unless accompanied by a person over the age of 18 years, no person under
the age of 16 years shall be in a public place within the Village between the
hours of 10:00 p.m. on October 31st and 6:00 a.m. on November 1st.
(b)
A parent who permits his or her child, who is under the age of 16 years, to
violate the provisions of section 9(a) or 10(a) hereof commits an offence
pursuant to section 95(3) of the Municipalities Act, R.S.N.B. 1973 c. M - 22.
11.
Recreational Vehicles:
No person shall operate a recreation vehicle on any public walking trail or in any public park
in the Village.
PART 5 - ENFORCEMENT
12.
Enforcement:
Notwithstanding the provisions of section 13 hereof, where a person contravenes or fails to
comply with any provision of this By - Law, the Village may take any and all action
available pursuant to section 106.1 of the Municipalities Act, R.S.N.B., 1973 c. M -22.
13.
Offences:
(a)
Any person who contravenes any provision of this By - Law is guilty of an
offence and liable, on summary conviction, for a fine of not less than $100.00
and not more than $500.00
(b)
Each day of violation of any provision of this By - Law shall constitute a
separate offence.
(c)
Where any person contravenes the same provision of this By - Law twice in
one year, that person is guilty of an offence and liable, on summary
conviction, for a fine of not less than $200.00 and not more than $1,000.00 for
the second offence.
(d)
Where any person contravenes the same provision of this By - Law three or
more times in one year, that person is guilty of an offence and liable, on
summary conviction, for a fine of not less than $300.00 and not more than
$1,070.00 for the third and subsequent offences.
(e)
Each day of violation of any provision of this By - Law shall constitute a
separate offence.
(f)
Where a person contravenes any provisions of this By - Law, upon payment
of such fine imposed pursuant to this By - Law, the person committing the
violation is not liable to be prosecuted therefore.
14.
Repeal of Existing By - Law:
(a)
By - Law No. 39, A By - Law Relating To The Prevention Of Nuisances is
repealed.
15.
Effective Date:
(a)
The effective date of this By - Law is July 23, 2007
This 1st reading of this By - Law was approved by Council at a meeting held on May 1,
2007
This 2nd reading of this By - Law was approved by Council at a meeting held on June 6,
2007
This By - Law was formally adopted by Council at a meeting held on July 23, 2007
This By - Law is hereby declared to be passed and proclaimed as a By - Law of the Village
of
McAdam on this __________ day of _______________, 2007.
______________________
____________________
Mayor
Clerk/Treasurer
SCHEDULE "A"
TO THE
VILLAGE OF McADAM NUISANCE BY - LAW
PURSUANT to Section 3 of the Village of McAdam Nuisance By - Law No. 54,
the following activities are prohibited during the times prescribed.
1.
The detonation of fireworks or explosive devices at any time in the Village, except
with the written approval of the Fire Chief, upon such terms and conditions as
Council may, in its discretion, consider appropriate.
2.
The use of Jacobs Brakes or Engine Retarder Brakes at any time within the Village.
3.
The operation of any motorized vehicle, equipment or machinery without an effective
muffling device at any time within the Village.
4.
The discharge of a firearm at any time within the Village, except the discharge of a
firearm by a peace officer in the line of duty.
5.
The operation of construction equipment and construction vehicles between the
hours of 10:00p.m. and 6:00a.m., within the Village, except for the purposes of
emergency work or repairs.
6.
The operation of power tools outside any building or residence between the hours of
10:00p.m. and 6:00a.m. within the Village.
7.
The operation of lawn mowers between the hours of 10:00p.m. and 6:00a.m. within
the Village.
8.
The operation of any television, radio, stereo, amplifier, musical instrument, public
address system or electronic devices which emits noise which is audible beyond the
property from which the noise is being emitted between the hours of 11:00p.m. and
7:00a.m. within the Village.