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Village of New Maryland
Noise Control By-law
By-law No. 55-2022
Page 2 of 7
Village of New Maryland
Noise Control By-law
By-law No. 55-2022
TABLE OF CONTENTS
1.0
TITLE .............................................................................................................................................. 3
2.0
DEFINITIONS ................................................................................................................................ 3
3.0
PUBLIC DISTURBANCE .............................................................................................................. 4
4.0
APPLICATION FOR EXEMPTION .............................................................................................. 4
5.0
FEES ................................................................................................................................................ 5
6.0
ENFORCEMENT ............................................................................................................................ 5
7.0
PENALTIES .................................................................................................................................... 5
8.0
VOLUNTARY PAYMENT OF FINES .......................................................................................... 6
9.0
PARTIAL INVALIDITY OF BY-LAW ......................................................................................... 6
10.0
REPEAL AND TRANSITION ....................................................................................................... 7
SCHEDULE "A" - MUNICIPAL BY-LAW INFRACTIONS NOTICE
SCHEDULE "B" - APPLICATION FOR EXEMPTION TO THE NOISE BY-LAW
Page 3 of 7
Village of New Maryland
Noise Control By-law
By-law No. 55-2022
Village Of New Maryland
Noise Control By-Law
By-law No. 55-2022
A By-law to Provide for the Control and Prohibition of Noises
WHEREAS pursuant to Section 10(1)(c) of the Local Governance Act, S.N.B. 2017, Chapter 18, Council
may by by-law regulate or prohibit the making or causing of noise likely to cause a public nuisance or
disturbance within a Municipality;
AND WHEREAS the Council of the Village of New Maryland deems it necessary and desirable to
regulate or prohibit noise or sounds in the Village of New Maryland likely to cause a public nuisance or
otherwise disturb the inhabitants of the Village of New Maryland;
AND WHEREAS Council may make different regulations or prohibitions for different areas of the
Village of New Maryland;
AND WHEREAS Council believes noises made contrary to the regulations in this by-law are
objectionable and likely to cause a public nuisance or otherwise disturb the inhabitants;
THEREFORE, BE IT ENACTED by the Council of the Village of New Maryland under the authority
vested in it by the Local Governance Act, S.N.B. 2017, Chapter 18 as follows:
1.0
TITLE
This by-law may be cited as the "Noise Control By-law No. 55-2022".
2.0
DEFINITIONS
In this by-law:
"By-law Enforcement Officer" means the person(s) appointed by Resolution of Council to enforce
the by-laws of the Village of New Maryland;
"Daytime" shall mean the time from 6:00 a.m. to 9:00 p.m. Monday through Friday, and
"daytime" shall mean the time from 9:00 a.m. to 6:00 p.m. on Saturday, Sunday and statutory
holidays;
"Nighttime" shall mean times other than daytime;
"Municipal By-law Infractions Notice" means a document, in the form set out in Schedule "A",
providing notification that the provisions of this by-law have been violated;
"Peace Officer" means any person as defined in the Motor Vehicle Act, RSNB 1973, Chapter M-
17, and amendments thereto; and
"Village" means the Village of New Maryland.
Page 4 of 7
Village of New Maryland
Noise Control By-law
By-law No. 55-2022
3.0
PUBLIC DISTURBANCE
3.01
No person shall make or cause, or permit to be made or caused, any noise which disturbs or tends
to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of persons in the vicinity.
3.02
No owner or occupier of real property shall allow such real property to be used so that noise which
emanates therefrom, disturbs, or tends to disturb the quiet, peace, rest, enjoyment, comfort, or
convenience of persons in the neighborhood or vicinity.
3.03
No person shall own, keep or harbor any animal or bird which, by its frequent calls, cries, barks or
other noise whatsoever disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of persons in the vicinity.
3.04
This by-law does not apply to pneumatic hammers, construction equipment and machinery, or
vehicles of business and trade during daytime hours.
3.05
Without restricting the generality of Sections 3.01 and 3.02, the provisions of this by-law do not
apply to:
(a) police, fire or other emergency vehicles;
(b) emergency excavation, construction or repair of streets, highways or lands;
(c) the use of bells or chimes for the announcing of church services;
(d) snow removal operations;
(e) the operation of Municipal or Provincial maintenance equipment;
(f) residential property owners doing maintenance and/or repairs to their property between the
hours of 8:00 a.m. to 9:00 p.m. daily;
(g) farm animals that are permitted under the Village of New Maryland Zoning By-law, and
amendments thereto;
(h) noises in connection with athletic and recreational activities lawfully held in conformance
with the requirements of the Village of New Maryland By-law Respecting Parklands, and
amendments thereto.
(i) any person, association, organization, corporation, or event that has obtained an approval for
an exemption authorized by Village Council so long as that person or party is acting within
the terms of such approval.
4.0
APPLICATION FOR EXEMPTION
4.01
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.
4.02
An application for exemption under this by-law shall be submitted in the form set out in
Schedule "B" attached to this by-law.
4.03 An exemption to this by-law may be considered by Council as it deems appropriate upon
receiving an application for said exemption at least fourteen (14) days prior to the start of the
contemplated activity.
Page 5 of 7
Village of New Maryland
Noise Control By-law
By-law No. 55-2022
4.04
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 Village, the views of any resident of the
Village 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.
4.05
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 during which the exemption shall
be effective.
4.06
Any alleged breach of the terms and conditions of an exemption granted by Council by the
applicant shall be investigated by Village staff and reported to Council in writing. Council may
revoke the exemption if it believes that a breach of the terms and conditions of the exemption has
occurred.
5.0
FEES
A person seeking an exemption to this by-law shall complete and submit the form set forth in
Schedule "B" and pay the applicable fee of $100.00 (one hundred dollars).
6.0
ENFORCEMENT
6.01 A Peace Officer or By-law Enforcement Officer is hereby authorized to enter on any property
at all reasonable times for the purpose of ascertaining whether the regulations of this by-law are
being observed.
6.02
Any Peace Officer or By-law Enforcement Officer is hereby authorized to take such action or
issue such Municipal By-Law Infractions Notice as they may deem to be necessary to enforce any
provisions of this by-law.
6.03 Whenever a person violates any provision of this by-law, a Municipal By-Law Infractions Notice,
in the form set out in Schedule "A" attached to this by-law, shall be served on the person
presumed to be liable for the offence.
7.0
PENALTIES
Every person who violates any provision of this by-law is guilty of a separate offence for each day
that the violation is caused or allowed to continue, and is liable to a fine of not less than $250.00
(two hundred fifty dollars) and not more than $2,100.00 (two thousand one hundred dollars) for
each day of continuing offence.
Page 6 of 7
Village of New Maryland
Noise Control By-law
By-law No. 55-2022
8.0
VOLUNTARY PAYMENT OF FINES
8.01 Unless otherwise provided in this by-law, the Village Clerk may, either before or after the
institution of proceedings against a person in respect of an offence under this by-law, accept from
the person alleged to have been guilty of the offence the payment of:
(a) for a first offence, a sum equal to the minimum penalty prescribed for such violation;
(b) for a second offence, a sum equal to twice the minimum penalty prescribed for such violation;
or,
(c) for a third or subsequent offence, a sum equal to the maximum penalty prescribed for such
violations.
8.02
The person so accepting payment under this section shall forward such payment to the Village
Treasurer together with a copy of the receipt delivered pursuant to sub-section 8.01 hereof or other
record setting forth the information required to be shown on the receipt.
8.03
A payment under sub-section 8.02 hereof shall constitute a full satisfaction, release and discharge
of all penalties incurred by such person for such violation, and for the purposes hereof shall have
the same effect as if a judge had duly convicted the person of the violation for which the amount
was paid, and a certificate purporting to be signed by the Treasurer to the effect that the sum has
been paid in respect to a specific violation shall be prima facie evidence in all Courts of the
conviction.
8.04
If the voluntary payment set out in sub-section 8.01 above has not been received on or before the
date a charge pertaining to the offence has been laid before the Provincial Court, the person
charged with the offence is, in accordance with the provisions of the Provincial Offences
Procedures Act, liable on summary conviction to a fine of not less than $250.00 (two hundred fifty
dollars) and not more than $2,100.00 (two thousand one hundred dollars) for each day of
continuing offence.
9.0
PARTIAL INVALIDITY OF BY-LAW
If any section, subsection, sentence, clause or phrase of this by-law is for any reason held to be
invalid by the decision of any Court of competent jurisdiction, this decision shall not affect the
validity of the remaining portions of this by-law.
Page 7 of 7
Village of New Maryland
Noise Control By-law
By-law No. 55-2022
10.0
REPEAL AND TRANSITION
10.01 By-law No. 55-2010, "A By-law to Provide for the Control and Prohibition of Noises", enacted on
November 17, 2010 and all amendments thereto, are hereby repealed.
10.02 The repeal of By-Law No. 55-2010, "A By-law to Provide for the Control and Prohibition of
Noises", shall not affect any penalty, forfeiture or liability, incurred before such repeal or any
proceedings for enforcing the same completed or are pending at the time of repeal; nor shall it
repeal, defeat, disturb, invalidate or prejudicially affect any matter or thing whatsoever completed,
existing, or pending at the time of repeal.
Read First Time:
19 January 2022
(By Title Only)
Read Second Time:
19 January 2022
(By Title Only)
Advertised as to content on the Village
of New Maryland website in accordance
with the Local Governance Act,
S.N.B. 2017, Chapter 18:
02 February 2022
Read Third Time:
(By Summary)
16 February 2022
Read Final Time
(By Title Only) and ENACTED:
16 February 2022
Judy Wilson-Shee
Cynthia Geldart
MAYOR
CAO/CLERK
SEAL:
(Signed) Judy Wilson-Shee
(Signed) Cynthia Geldart
Village of New Maryland
Noise Control By-law
By-law No. 55-2022
SCHEDULE "A"
MUNICIPAL BY-LAW INFRACTIONS NOTICE
Village of New Maryland
Noise Control By-law
By-law No. 55-2022
SCHEDULE "B"
APPLICATION FOR EXEMPTION TO THE NOISE BY-LAW
CONTACT INFORMATION
Name of Applicant:
Address:
E-mail:
Telephone:
(home)
(work)
Name of group/organization/
club/society (if applicable):
ACTIVITY INFORMATION
Purpose of Activity:
Date(s) of Activity:
Number of Guests:
Time(s) of Activity:
from: to:
Location of Activity:
Is there somewhere else the
activity could be held?
Yes (list)
/ No
Type of sound system
to be used (if applicable):
Will efforts be made to
curb the noise level:
Yes (describe) / No
Have, or will, surrounding
property owners be contacted
to apprise them of this
activity and to solicit their
approval?
Please attach: Site Plan
Parking Plan Seating Plan
FOR INTERNAL USE
Police Comments:
Staff Comments:
Council Comments:
NOTE: This application must be submitted to the Village Office a minimum of fourteen (14) days prior
to the proposed activity.