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TOWN OF SAINT ANDREWS
BY-LAW NO. 06-04
A BY-LAW CONCERNING THE REGULATING OF NOISE
IN THE TOWN OF SAINT ANDREWS
AMENDMENTS CONSOLIDATED OCTOBER 28, 2021
BE IT ENACTED by the Council of the Town of Saint Andrews and under the authority
of section 10.1 of the Local Governance Act, R.S.N.B., 2017, c. 18, as follows:
1. DEFINITIONS
In this By-Law
1.1.
"Town" and "Town of Saint Andrews" means The Corporation of the Town
of Saint Andrews, as incorporated on August 5th, 1903 and all of its
administrative officers.
1.2.
"Construction" includes erection, alteration, repair, dismantling, demolition,
structural maintenance, painting, moving, land clearing earth moving, grading,
excavation, blasting, and detonation of explosive devises other than fireworks,
the laying of pipe and conduit whether above or below ground level, street and
highway buildings, concreting, equipment installation and alteration, and the
structural installation of construction components and materials in any form or
for any purpose, and include any associated or related work.
1.3.
"Construction Equipment" means any equipment or device designed and
intended for use in construction of material handling, including but not limited
to air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers,
tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers,
generators, off highway haulers, trucks, ditchers, compactors and rollers,
pumps, concrete mixers, graders or other material handling equipment.
1.4.
"Council" and "Town Council" means the Council of the Town of Saint
Andrews.
1.5.
"Emergency" means a situation or an impending situation, often dangerous,
caused by the forces of nature, an accident, an intentional act or otherwise,
which arises suddenly and calls for prompt action.
1.6.
"Emergency Vehicle" includes a land ambulance, an air ambulance, a fire
department vehicle, and a motor vehicle being used to respond to an
emergency.
1.7.
"Town Administration Officer" means the Chief Administrative Officer of the
Town of Saint Andrews that is responsible for enforcing the general By-Laws
of the Town, or any designated By-Law Officer, Police Agency, Peace Officer
or agent appointed or contracted by the Town.
1.8.
"Motor Vehicle" includes an automobile, bus, truck, motorcycle, motor
assisted bicycle, and any other vehicle propelled or driven other than by
muscular power, but does not include a motorized snow vehicle, traction
engine, farm tractor, other farm vehicle or road-building machine.
1.9.
"Municipal Service Vehicle" means a vehicle operated by or on behalf of the
Town of Saint Andrews while the vehicle is being used for the construction,
repair or maintenance of a highway, including the clearing and removal of
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snow, the construction, repair or maintenance of a utility, the collection or
transportation of waste, or other municipal purpose.
1.10. "Noise" means sound that is unusual or excessive, or that is unwanted by or
disturbing to persons.
1.11. "Other Areas" means the land designated in Schedule D as "Other Areas".
1.12. "Person" includes a corporation as well as an individual.
1.13. "Premises" means a piece of land and any buildings and structures on it, and
includes a place of business, road, and any other location or place.
1.14. "Residence" means a room, suite of rooms, or dwelling, including a mobile
trailer, operated as a housekeeping unit that is used or intended to be used as
a separate domicile by one or more persons, and that normally contains
cooking, eating, living, sleeping, and sanitary facilities.
1.15. "Residential Area" means all lands within the geographic boundaries of the
Town except for those lands designated in Schedule D as "Other Areas".
1.16. "Road" includes a public highway, private road, lane, pathway, and sidewalk.
1.17. "Utility" means a system that is used to provide a utility service to the public,
including water, sewage, electricity, gas, communications networks, and cable
services.
1.18. "Utility Service Vehicle" means a vehicle operated by or on behalf of the
Town of Saint Andrews and by any other company or agency that supplies or
manages a service within the Town while the vehicle is being used for the
construction, repair or maintenance of that service.
1.19. "Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road-
building machine, and other vehicles propelled or driven other than by muscular
power.
1.20. "Zoning By-Law" means By-Law Z21-01 a By-Law of the Town of Saint
Andrews which regulates the use of land.
2. APPLICATION
2.1.
The general prohibition on activities described in Schedule A apply to the lands
within the residential areas and other areas of the Town designated in Schedule
D at all times.
2.2.
The prohibition on activities by time and place described in Schedule B apply
to the lands within eh residential areas and other areas of the Town designated
in Schedule D during the days and between the hours specified in Schedule B.
3. ADMINISTRATION
3.1.
The Town Administration Officer is responsible for the administration of this By-
Law.
3.2.
All officers with authority to enforce the By-Laws of the Town are responsible
for enforcing the provision s of this By-Law.
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3.3.
Any person may submit an application to the Town Administration Officer
requesting an exemption from any of the prohibitions described in Schedule A
and B.
3.4.
If Council approves the application, the exemption will be in effect for the dates
specified, and Council may impose any conditions that it considers appropriate.
3.5.
An exemption shall be invalid if these conditions are contravened.
4. REGULATIONS
4.1.
No person shall, at any time, make, cause, or permit the making of noise within
the Town of Saint Andrews that is the result of any of the activities described in
Schedule A and that is audible to:
4.1.1. A person in a premises or a vehicle other than the premises or vehicle
from which the noise is originating.
4.1.2. A person in a residence other than the residence from which the noise
is originating.
4.2.
No person shall, during the days and between the hours specified in Schedule
B, make, cause or permit the making of noise within the residential areas and
other areas designated in Schedule D that is the result of nay of the activities
described in Schedule B and that is audible to:
4.2.1. A person in a premises or a vehicle other than the premises or vehicle
from which the noise is originating.
4.2.2. A person in a residence other than the residence from which the noise
is originating.
5. EXEMPTIONS
5.1.
The prohibitions described in Schedule A and B do not apply if the noise is the
result of measures undertaken in an emergency for the:
5.1.1. Immediate health, safety, or welfare of the inhabitants.
5.1.2. Preservation or restoration of property; unless the noise is clearly of a
longer duration or of more disturbing nature than is reasonably
necessary to deal with the emergency.
5.2.
The prohibitions described in Schedule A and B do not apply if the noise is the
result of any of the activities described in Schedule C.
5.3.
The prohibitions described in Schedule A and B do not apply if the noise is the
result of an activity that has been granted an exemption under Section 3.4.
6. SCHEDULES
6.1.
The following Schedules are attached to and form part of this By-Law:
6.1.1. Schedule A - General Noise Prohibitions.
6.1.2. Schedule B - Noise Prohibitions in Time and Place.
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6.1.3. Schedule C - Exemptions from the Noise Prohibition.
6.1.4. Schedule D - Designated Residential Areas.
7. OFFENCES AND PENALTIES
7.1.
Any person who violates or breaches any provisions of this By-Law is guilty of
an offence.
7.2.
All contraventions of this By-Law are designated By-Law contraventions that
may be dealt with by a notice of penalty pursuant to the provisions of the Local
Governance Act.
7.3.
The Administrative Penalty for all contraventions of this By-Law shall be five
hundred dollars ($500.00).
7.4.
A person to whom a penalty notice is delivered may pay the Administrative
Penalty on or before a charge pertaining to the offence has been laid in
Provincial Court as follows:
7.4.1. In person at the Town of Saint Andrews Office, 212 Water Street, Saint
Andrews, New Brunswick, in cash or by cheque, credit card or money
order made payable to the Town of Saint Andrews.
7.4.2. By mail to: Town of Sint Andrews, 212 Water Street, Saint Andrews,
New Brunswick, E5B 1B4, Attention Accounting Clerk by cheque or
money order only, payable to the Town of Saint Andrews.
7.4.3. By phone with credit card to the Town of Saint Andrews main office at
(506) 529-5120.
7.5.
A person who pays the Administrative Penalty shall be deemed to have
contravened the provisions of the By-Law in respect of which the payment was
made and shall not be charged with an offence in respect of the same incident
that gave rise to the Administrative Penalty.
7.6.
If the Administrative Penalty is not paid in accordance with Section 7.4, the
person charged with the offence is liable on summary conviction to a fine of not
less than one thousand, five hundred dollars ($1,500.00).
Read the First Time: November 6, 2006
Read the Second Time: February 5, 2007
Read the Third and Final Time: February 5, 2007
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SCHEDULE "A"
GENERAL NOISE PROHIBITIONS
GENERAL NOISE PROHIBITIONS
1.
Operation of a motor vehicle in such a way that the tires squeal.
2.
Operation of a combustion engine or pneumatic device without an effective
exhaust muffling device that is in good working order and in constant operation.
3.
Operation of any item of construction equipment without an effective exhaust
muffling device that is in good working order and in constant operation.
4.
Operation of a vehicle in a manner that results in banging, clanking, squealing
or similar sounds because of inadequate maintenance or an improperly
secured load.
5.
Operation of the horn of a vehicle or other warning device except where
required or authorized, or in accordance with good safety practices.
6.
Operation of any outdoor auditory signaling device, including but not limited to
outdoor paging systems, the ringing of bells or gongs, the use of sirens,
whistles or chimes, or the production, reproduction, or amplification of any
similar sounds by electronic means except where required or authorized by law
or in accordance with good safety practice.
7.
Persistent barking, calling or whining or other similar persistent noise-making
by animals and birds kept as household pets.
8.
No person shall advertise any event or merchandise by ringing bell, blowing
whistles, calling loudly, playing music or sound recordings, playing any type of
musical instrument, or by the use of loudspeakers or other devices for the
amplification of sound, in any place or in an building or premises with the
intention or result that the sound there from shall be or is audible to persons
using or frequenting any street or other public place.
9.
Unauthorized setting off of fireworks.
10.
Operation of an engine or motor in, or on, any vehicle or item of attached
auxiliary equipment for a continuous period of more than five minutes, while
such vehicle is stationary in a residential area, unless:
10.1. The vehicle is in an enclosed structure constructed so as to effectively
prevent the emission of excessive noise.
10.2. Continuous operation of the engine or motor is essential to a basic
function of the vehicle or equipment, including but not limited to the
operation of ready-mixed concrete trucks, lift platforms, refuse
compactors, and heat exchange systems during normal operation.
10.3. Weather conditions justify the use of heating or refrigeration systems
powered by the motor or engine for the safety and welfare of the
operator, passengers, or animals, or the reservation of perishable cargo.
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SCHEDULE "B"
NOISE PROHIBITIONS BY TIME AND PLACE
Activity
Prohibited Times
Prohibited Times
Other Areas
Residential Areas
1. Operation of construction equipment in
connection with construction.
C
C
2. Operation of equipment for removing
snow.
D
D
3. Erection, alteration, repair, dismantling
or any activity related to construction.
C
C
4. Outdoor operation of any powered or
non-powered
tool
for
domestic
purposes other than snow removal.
D
D
5. Operation of any device or group of
connected devices intended for the
production,
reproduction,
or
amplification of voices or sound.
E
D
6. Loading
or
unloading,
delivering,
packing,
unpacking,
or
otherwise
handling any containers, products,
other materials or refuse, unless
necessary for the maintenance of
essential services or the moving of
private household effects.
E
C
7. Yelling, shouting, hooting, whistling,
singing, or the playing of musical
instruments,
including
percussion
instruments.
E
D
PROHIBITED TIMES
A. Anytime
B. 1700 hours of one day to 0700 hours the next day (0900 Sundays)
C. 1900 hours of one day to 0700 hours the next day (0900 Sundays)
D. 2100 hours of one day to 0700 hours the next day (0900 Sundays)
E. 2300 hours of one day to 0700 hours the next day (0900 Sundays)
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SCHEDULE "C"
EXEMPTIONS FROM THE NOISE PROHIBITION
1. Operation of emergency vehicles.
2. Operation of municipal service vehicles and related equipment.
3. Operation of utility service vehicles and related equipment.
4. Authorized displays of fireworks.
5. Midways that have been authorized by the Town.
6. Races, parades, processions, and events for ceremonial, religious, or traditional
purposes that have been authorized by the Town.
7. Operation of bells, chimes, carillons, and clocks in churches and public buildings.
8. Cultural, recreational, educational, and political events in parks and other public
spaces that have been authorized by the Town.
9. Neighbourhood events on municipal highways and other municipal property that
have been authorized by the Town.
10. Normal seasonal commercial activity at the Saint Andrews Market Wharf.
11. Events which have applied and been approved by the Town for a Special Events
Permit.
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SCHEDULE "D"
DESIGNATED RESIDENTIAL AREAS
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