Conception Bay South, Newfoundland and Labrador
· adopted 2025-01-22
This is the exact embedded text of the captured official document.
Snapshot 55530de3a29b · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
NOISE AND NUISANCE BY-LAW
PUBLISHED BY AUTHORITY
Pursuant to the authority conferred by the Towns and Local Service Districts Act,
chapter T-6.2, Section 8 (f), the Town of Conception Bay South has made the
following By-law.
DARRIN BENT
MAYOR
BY-LAW
1.
TITLE
This By-law shall be known and cited as "Town of Conception Bay South
Noise and Nuisance By-Law".
2.
INTERPRETATION
In this By-law:
(a)
"By-law" means the Town of Conception Bay South Noise and
Nuisance By-Law.
(b)
"Air Gun" means those guns commonly referred to as B.B. or
pellet guns and all guns operated by pump or spring mechanisms
and compressed gas cylinders regardless of muzzle velocity.
(c)
"Chief" means the Fire Chief of the Conception Bay South Fire
Department or other person designated by the Chief in and for the
fire protection of the town.
(d)
"Council" means the Council of the Town of Conception Bay South
or designate.
(e)
"Nuisance" means anything or any condition of things which is or
may become injurious or dangerous or presents an obstruction to
pedestrians or vehicular traffic or anything or any condition of things
that, in the opinion of Council, has an unpleasant effect on the
This is not the official version.
Town of Conception Bay South
Noise and Nuisance By-Law
Page 2
senses or adversely affects the amenities of the surrounding
property.
(f)
"Public Address System" means any system of loudspeakers,
amplifiers, microphones or reproducers or any combination of such
equipment used in the reproduction or amplication of music, speech
or other sounds when used for communication or to otherwise
address or entertain groups of people whether the same is mounted
upon a vehicle or upon a building or other structure or upon the
ground.
(g)
"Town" means the Town of Conception Bay South.
3.
APPLICATION
This By-law shall apply within the boundaries of the Town.
4.
GENERAL PROHIBITION
No person shall make, continue or cause to allow to be made or continued
any loud, unnecessary or unusual noise or any noise whatsoever which
either annoys, disturbs, injures, endangers, or detracts from the comfort,
repose, health, peace or safety of other persons within the limits of the
Town, except in accordance with this By-law.
5.
NOISE
(a)
No person shall create a noise within the Town through the use of
fire-arms or other similar noise-making devices, except as may be
approved by Council and subject to the approval of law
enforcement or other regulatory agencies.
(b)
No person shall create a noise within the Town through the use of
shouting or noise-making devices for the purpose of selling wares,
soliciting business or attracting attention.
(c)
No person shall create a noise within the Town through the use of
motor vehicle horns except as may be reasonably necessary in the
opinion of Council for the safety and warning of traffic and
pedestrians.
Town of Conception Bay South
Noise and Nuisance By-Law
Page 3
6.
NUISANCE
(a)
No person shall fire or discharge an air gun within 300 metres of a
house or 1000 metres of a school, playground or athletic field within
the Town.
(b)
No person shall fire or discharge an air gun in a manner creating a
nuisance.
(c)
A police officer/By-law enforcement officer/peace officer may seize
any air gun where there are reasonable and probable grounds to
believe that an offence has been committed pursuant to this By-
law.
(d)
Where a charge is not laid pursuant to section 6 (a) and (b) within a
period of thirty (30) days from the date of the offence, an air gun
seized pursuant to 6 (c) shall be returned.
7.
PEACE AND TRANQUILITY
(a)
No person shall use within the Town, a lawnmower, chainsaw,
snowmobile or other machinery or equipment which may disturb the
peace and quiet of a neighborhood between the hours of
11:00 p.m. of any day to 7:00 a.m. of the following day, except as
may otherwise be approved by Council.
(b)
No person shall create a noise within the Town through the use of a
motor vehicle that has no muffler or a defective muffler except as
may be necessary to move such motor vehicle to a location for
associated repairs.
(c)
No person shall create a noise within the Town through the
squealing of tires of a motor vehicle which is caused by
unnecessary braking, turning or setting in motion of such motor
vehicle.
(d)
No Person shall create, cause or permit an intrusion of light of an
unusual intensity or type onto adjacent property so as to be or to
cause a nuisance. All exterior illuminated light fixtures shall be
directed in a manner to minimize glare and the undue intrusion of
light onto adjacent property.
Town of Conception Bay South
Noise and Nuisance By-Law
Page 4
8.
FIREWORKS AND EXPLOSIVE DEVICES
(a)
No person shall detonate fireworks or explosive devices, not used
in construction, within the Town unless authorized by the Chief and
subject to the approval of law enforcement or other regulatory
agencies, with the exception of statutory holidays as declared for
New Year's Eve and Canada Day.
(b)
Authorization by the Chief may be granted by a member of the Fire
Department from the Kelligrews Fire Department, Monday to Friday
between 8:00 AM and 6:00 PM, subject to terms and conditions as
may be determined by the Council.
(c)
No fireworks may be discharged within 30 metres of a dwelling,
structure, wood, brush or other flammable material.
(d)
All fireworks must be handled and discharged in accordance with
directions specified on the fireworks label.
(e)
Authorization by the Chief shall not relieve a person from the
responsibilities or liabilities in connection to the purchase, storage
and/or use of fireworks.
9.
PUBLIC ADDRESS SYSTEMS
No person shall within the Town operate or cause or permit to be operated
any public address system, gramophone, radio or other device or
apparatus for reproducing or amplifying sound where the sounds of which
are capable of being heard on any street in the Town without having first
received a permit therefore from the Council as hereinafter provided.
(a)
Such permit may be granted by the Council for the operation of
such apparatus or device between the hours of 8:00 a.m. and 10:00
p.m. and may be refused if, in the opinion of the Council, the
operation of such apparatus or device will disturb or tend to disturb
the peace and tranquility of the Town or any portion thereof;
(b)
Such permit may be granted subject to terms and conditions as
may be determined by the Council including the volume of sound to
be reproduced by such apparatus or device, and shall be for such
period as stated in such permit;
(c)
Any permit so granted may be cancelled by the Council at any time
if, in its opinion, the operation of such apparatus or device for which
Town of Conception Bay South
Noise and Nuisance By-Law
Page 5
such permit was issued violates any of the terms and conditions
attached to such permit or disturbs or tends to disturb the peace
and tranquility of the Town or any portion thereof.
10.
HOURS OF OPERATION
(a)
Between the hours of 11:00 p.m. on any day and 7:00 a.m. of the
following day, no person, firm or company or owner of any land or
building or premises shall in the Town operate, conduct or carry on
or use or cause or permit to be operated, conducted or carried on
any industry, business, trade or vocation whatever which makes or
allows to be made in connection with such operation, conduct or
carrying on of such industry, business, trade or vocation, any noise
or music which disturbs or tends to disturb the peace and tranquility
of the Town or any portion thereof, or which disturbs or tends to
disturb the peace and tranquility of any person residing in the
vicinity of such street, building or place, or which can reasonably be
deemed to be an annoyance to any person residing or carrying on
business or being in the vicinity of such street, building or place;
(b)
No person, firm or corporation shall permit or maintain a nuisance
by creating loud noises or raucous sounds or by creating or
participating in any raucous behaviour that, in the opinion of
Council, may have an unpleasant or disagreeable effect upon the
senses.
(c)
Notwithstanding the provisions of Section 7 (a), Council may grant
a permit to operate, conduct or carry on any industry, business,
trade or vocation which makes or allows to be made in connection
with such operation, conduct or carrying on of such industry,
business, trade, vocation any noise which disturbs or tends to
disturb the peace and tranquility of the Town or any portion thereof
between the hours of 11:00 p.m. on any day and 7:00 a.m. if, in its
opinion, such operation, conduct or carrying on of such industry,
business, trade or vocation is necessary in the interests of public
health and safety.
(d)
Such permit may be granted upon such terms and conditions as
may be determined by the Council and shall be for a predetermined
period as set out in the permit by Council.
Town of Conception Bay South
Noise and Nuisance By-Law
Page 6
11.
EXCEPTIONS
(a)
Nothing in this By-law shall be deemed to prohibit:
(i)
The sounding of any bell, horn, siren or other warning device
of any vehicle the law requires, or when responding to an
emergency;
(ii)
The ringing of church bells or chimes;
(iii)
The sounding of industrial whistles;
(iv)
The sounding of motor vehicle horns in a wedding
procession or in parades permitted by Council; or
(v)
The removal of snow by heavy equipment, immediately
following a snow storm.
(b)
The provisions of this By-law shall not apply to:
(i)
Any member of the Royal Canadian Mounted Police, Royal
Newfoundland Constabulary, By-law Enforcement Officer or
the Conception Bay South Fire Department.
(ii)
A person or an employee of the Town, while any such
member or employee is employed in the execution of his
duties as a member of the Town.
12.
ENFORCEMENT
This By-law may be enforced by the Royal Newfoundland Constabulary,
Royal Canadian Mounted Police, Town of Conception Bay South By-law
Enforcement Officer, Peace Officer or any other person appointed by
Council.
13.
PENALTIES
Every person who is guilty of an offence under this By-law or who acts in
contravention of or fails to comply with any provision thereof, or neglects
or refuses to do so:
(a)
Shall be liable to penalties as stipulated in accordance with section
290 of the Towns and Local Service Districts Act; or
Town of Conception Bay South
Noise and Nuisance By-Law
Page 7
(b)
Shall be subject to an order under section 285 (1) of the Towns and
Local Service Districts Act; or
(c)
Shall be subject to a violation notice issued under section 287.(1) of
the Towns and Local Service Districts Act; or
(d)
Shall be issued a ticket under the Provincial Offences Act in
accordance with section 288 of the Towns and Local Service
Districts Act.
14.
REPEAL OF PREVIOUS REGULATIONS AND AMENDMENTS
All previous Town of Conception Bay South Noise and Nuisance
Regulations and amendments are repealed.
15.
COMPLAINCE WITH OTHER ACTS AND REGULATIONS
Nothing in this By-law serves to exempt any person from obtaining any
license, permission, permit, authority or approval required by any other By-
law of the Town or any statute or regulation of the Province of
Newfoundland and Labrador, and in such cases where more than one By-
law or statute applies the more restrictive regulation or statute shall apply.
16.
EFFECTIVE DATE
This By-law shall come into force on the 22nd day of January, 2025.
In witness whereof the Seal of the Town of Conception Bay South has been
affixed hereto and this By-law have been signed by the Mayor and the Chief
Administrative Officer on behalf of Council on this 22nd day of January, 2025.
_________________ ________________________
Darrin Bent
Brian Crawley
Mayor
Chief Administrative Officer