Labrador City, Newfoundland and Labrador
· adopted 2020-04-28
This is the exact embedded text of the captured official document.
Snapshot 09da55b74dc1 · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
NOISE ABATEMENT REGULATIONS, 2017
Adopted by the Town Council of the Town of Labrador City on the 28th day of April, 2020, and
to come into effect as of the 29th day of April, 2020.
A copy of these amended Regulations was forwarded to the Minister of Municipal Affairs on
the 29th day of April, 2020.
MAYOR________________________
TOWN CLERK________________________
This is not an official copy. It has been consolidated to include amendments.
PUBLISHED BY AUTHORITY
Pursuant to the authority conferred by Section 414 and any other sections found enabling
under the Municipalities Act, 1999 SNL 1999 Chapter M-24 as amended, the Town of Labrador
City enacts the following amended Regulations in relation to the prohibition of noise or other
nuisances, including the use of pellet and air guns and fireworks as adopted by Council on the
28th day of April, 2020 and to come into effect as of the 29th day of April, 2020.
A copy of these Regulations was forwarded to the Minister of Municipal Affairs on the 29th day
of April, 2020.
MAYOR____________________
TOWN CLERK________________________
AMENDMENTS TO NOISE ABATEMENT REGULATIONS, 2017
Amendment #
Description of Revision(s)
Effective Date of
Revision
01-2020
All Sections - General document reformatting.
Section 2.0 - Removal of 'Land Use' from definitions
referring to the Town of Labrador City Land Use
Development Regulations.
Section 2.0 - Removal of 'Public Address System'
definition.
Section 4.0 - Reduction of permitted sound levels in
Residential, Commercial & Industrial Zones.
Sections 3.1(c) & 4.5 - Removal of word 'by-law',
replaced with 'Regulation'.
Section 5.1(b) - Change of language limiting
constitution of public annoyance to the discretion of
the Enforcement Authority.
Section 7(b) - Inclusion of reference to Section 404(1)j
of the Act, addressing nuisance's contrary to the
regulations of Council.
Section 8.0 - Inclusion of 'employee' as authorized
agent to conduct inspection pursuant to the Act.
Section 10.0 - Inclusion of fees and penalties for
regulations contravention & general language
amendments. Removal of section 10(f).
April 29, 2020
1 | 1 2
1.0 TITLE
These Regulations may be cited as the "Town of Labrador City Noise Abatement Regulations,
2017"
2.0 INTERPRETATION
For the purpose of these regulations, unless the context otherwise requires:
ACT
means the Municipalities Act, 1999.
APPROVED SOUND METER
means an acoustic instrumentation system which:
i. is comprised of a microphone, wind screen and
recorder which conforms to class 1 or class 2
requirements for an integrating sound level meter as
defined by IEC 61672-1 [2013]; and,
ii. has been field calibrated the day of each use, before
and after collecting sound measurements by using a
class 1 or class 2 field calibrator as defined by IEC
60942 [2003].
COMMERCIAL ZONE
means a zone as established in the Town of Labrador City
Development Regulations in which Commercial Occupancy
is a permitted use. (Amendment #01-2020)
COUNCIL
means the Town Council of Labrador City.
dBA
A-weighted decibel, means the unit used to measure the
sound pressure level using the "A" weighting network
setting on an approved sound meter.
dBC
C-weighted decibel, means the unit used to measure the
sound pressure level using the "C" weighting network
setting on an approved sound meter.
DAYTIME
means from 7:00 a.m. to 10:00 p.m.
ENFORCEMENT
AUTHORITY
means Council or its authorized administrator.
ENGINE BRAKE
means a device used in a truck or truck tractor to slow or
brake the said vehicle(s) by means of closing the exhaust
valves on the engine(s) of the said vehicle(s), or other similar
devices.
IEC
means the International Electro-Technical Commission.
2 | 1 2
INDUSTRIAL ZONE
means a zone as established in the Town of Labrador City
Development Regulations in which a General & Light
Industrial Uses are permitted uses. (Amendment #01-2020)
IMPULSIVE SOUND
means specific sound that is characterized by brief bursts of
sound pressure, with the duration of each impulse usually
less than 1 second, including without limitation specific
sound containing "bangs", "clicks", "clatters" or "thumps"
from hammering, banging of doors and metal impacts.
IMPULSIVE SOUND
ADJUSTMENT
is a 5 dBA increase applied to specific sound classified as
impulsive sound and a 0 dBA increase applied to specific
sound that is not classified as impulsive sound.
ISO
means the International Organization for Standardization.
LEQ
equivalent continuous sound pressure level, means that
constant or steady sound level, rounded to the nearest
decibel, which, in a specified time period, conveys the same
sound energy as does the actual time-varying sound level.
MEASUREMENT TIME
INTERVAL
means the total time over which sound measurements are
taken, and:
i. is chosen to best represent the situation causing
disturbance;
ii. is between 1 minute and 30 minutes;
iii. is chosen to avoid influence from the residual sound
where possible; and
iv. may consist of a number of non-contiguous, short
term measurement time intervals that add up to 1 to
30 minutes.
NIGHTTIME
means any period of any day not specifically defined as
daytime.
OWNER
means the legal entity having title to a property.
PERMITTED USE
has the same meaning as the Town of Labrador
Development Regulations. (Amendment #01-2020)
PERSON
means any person, firm, partnership, association,
corporation, company, or organization of any kind.
POINT OF RECEPTION
a position within the property line of the real property
occupied by the recipient of a sound that best represents
the location at which that specific sound, emanating from
another property, is received and the resulting disturbance
experienced and is:
3 | 1 2
i. at least 1.2 in from the surface of the ground and any
other sound reflecting surface; and
ii. outdoors, unless there is no point of reception
outdoors because the specific sound is within the
same building or the wall of one premises is flush
against another, in which case the point of reception
shall be within the building where the specific sound is
received and the resulting disturbance experienced.
POLICE OFFICER
a member of the Royal Newfoundland Constabulary or a
Municipal Enforcement Officer of the Town of Labrador City.
PREMISES
means:
i. the area contained within the boundaries of a legal
parcel of land and any building situated within those
boundaries; and
ii. each unit, the common areas of the building, and the
land within the apparent boundaries of the legal parcel
of land are each separate premises.
RATING LEVEL
means the specific sound level plus the impulsive sound
adjustment and tonal sound adjustment.
RESIDENTIAL OCCUPANCY
in respect of premises, means a dwelling unit located within
a building, and includes a room for rent in a hotel or motel.
RESIDENTIAL ZONE
means a zone as established in the Town of Labrador City
Development Regulations in which a Residential
Occupancy is a Permitted Use. (Amendment #01-2020)
SOUND
means an oscillation in pressure in air which can produce the
sensation of hearing when incident upon the ear.
SPECIFIC SOUND
means the sound under investigation.
SPECIFIC SOUND LEVEL
means the equivalent continuous sound pressure level or Leq
at the point of reception produced by the specific sound
over the measurement time interval.
STREET
includes alley, boulevard, bridge, public drive, sidewalk,
square, and any part thereof open to the public.
TONAL SOUND
means specific sound which contains one or more
distinguishable, discrete, continuous tones or notes
including, without limitation:
i. specific sound characterized by a "whine", "hiss",
"screech" or "hum"; and
ii. music.
4 | 1 2
TONAL SOUND
ADJUSTMENT
means a 0 - 6 dBA increase applied to specific sound
classified as tonal sound as determined using the approach
described in ISO 1996-2 [2007] Annex C and a 0 dBA
increase applied to specific sound that is not classified as
tonal sound.
TOTAL SOUND
means the totally encompassing sound in a given situation
at a given time, usually composed of sound from many
sources near and far.
TOTAL SOUND LEVEL
means the equivalent continuous sound pressure level or Leq
at the point of reception produced by the total sound over
the measurement time interval.
TOWN
shall mean the Town of Labrador City as defined by Order
in-Council dated the 27th day of June, 1961, and any
amendments thereto, according to the Municipalities Act.
3.0 APPLICATION
3.1
Application
(a) These Regulations shall apply to all residential and commercial property and lands
contained within the municipal boundaries of the Town of Labrador City.
(b) Any time specified in these Regulations shall mean Standard Time for the Town or
Daylight Saving Time, so called, when and during the period for which the same is in
force.
(c) Notwithstanding any other provision of these Regulations, any person whom is in tax
arrears, owes outstanding fines to the Town for a regulatory violation for which he/she
has been convicted, or is otherwise indebted to the Town, shall not be entitled to a
permit issued pursuant to these Regulations until such time as all tax arrears,
outstanding fines or other amounts due to the Town have been paid in full.
(Amendment #01-2020)
(d) If there is a conflict between a provision of these Regulations and a provision of any
other act or regulation in force within the municipal boundaries, the provisions as
established under these Regulations shall prevail.
4.0 SOUND LEVELS
5 | 1 2
4.1
Residential Zone Permitted Sound Levels
In a Residential Zone a person must not make, cause or permit to be made or caused, any
sound that has a rating level which:
(a)
during the daytime exceeds:
i.
50 dBA or 60 dBC when received at a point of reception in a Residential Zone;
ii.
60 dBA or 70 dBC when received at a point of reception in a Commercial
Zone;
iii.
60 dBA or 70 dBC when received at a point of reception in an Industrial Zone;
or
(b)
during the nighttime exceeds:
i.
45 dBA or 55 dBC when received at a point of reception in a Residential Zone;
ii.
50 dBA or 60 dBC when received at a point of reception in a Commercial
Zone;
iii.
60 dBA or 70 dBC when received at a point of reception in an Industrial Zone.
(Amendment #01-2020)
4.2
Commercial Zone Permitted Sound Levels
In a Commercial Zone a person must not make, cause or permit to be made or caused, any
sound that has a rating level which:
(a)
during the daytime exceeds:
i.
55 dBA or 60 dBC when received at a point of reception in a Residential
Zone;
ii.
60 dBA or 70 dBC when received at a point of reception in a Commercial
Zone;
iii.
60 dBA or 70 dBC when received at a point of reception in an Industrial Zone;
or
(b)
during the nighttime exceeds:
i.
45 dBA or 55 dBC when received at a point of reception in a Residential
Zone;
ii.
50 dBA or 60 dBC when the prescribed point of reception is outdoors or 55
dBC when the prescribed point of reception is indoors in a Commercial Zone;
iii.
60 dBA or 70 dBC when received at a point of reception in an Industrial Zone.
(Amendment #01-2020)
4.3
Industrial Zone Permitted Sound levels
6 | 1 2
In an Industrial Zone a person must not make, cause or permit to be made or caused, any
sound that has a rating level which:
(a)
during the daytime exceeds:
i.
55 dBA or 65 dBC when received at a point of reception in a Residential
Zone;
ii.
60 dBA or 70 dBC when received at a point of reception in a Commercial
Zone;
iii.
65 dBA or 75 dBC when received at a point of reception in an Industrial Zone;
or
(b)
during the nighttime exceeds:
i.
45 dBA or 55 dBC when received at a point of reception in a Residential
Zone;
ii.
55 dBA or 65 dBC when received at a point of reception in a Commercial
Zone;
iii.
65 dBA or 75 dBC when received at a point of reception in an Industrial Zone;
(Amendment #01-2020)
4.4
Assessment at Locations Affected by Residual Sound
Where the total sound level exceeds all of the prescribed sound limits identified in sections
4.1 to 4.3 and is influenced by the residual sound at the point of reception such that the
specific sound cannot be accurately measured, the specific sound should be measured at
distances close to the source and then predicted at the point of reception using an
internationally accepted calculation standard such as ISO 9613-2.
4.5
Role of the Enforcement Authority
Any Police Officer may measure sound levels with an approved sound meter, and may enter,
with reasonable notice, upon any real property to determine compliance with the provisions of
Section 4 of this Regulation.
(Amendment #01-2020)
5.0 GENERAL DUTIES AND OBLIGATIONS
5.1
Restrictions
No person shall emit or cause or permit the emission of sound resulting from an act listed
herein, and which sound is clearly audible at a Point of Reception, including:
7 | 1 2
(a)
The operation of any electronic device or group of connected electronic devices
incorporating one or more loudspeakers or other electro-mechanical transducers, and
intended for the production, reproduction of sound;
(b)
The operation of a motor vehicle, snowmobile, motorcycle or other mechanical
equipment in such condition or manner as to disturb the peace and quiet of a
neighborhood that in the opinion of the Enforcement Authority, may reasonably
constitute an annoyance to residents;
(Amendment #01-2020)
(c)
The operation of an engine or motor in, or on, any motor vehicle or item of attached
auxiliary equipment for such continuous period exceeding twenty (20) minutes, while
such vehicle is stationary in a Residential Zone unless:
i.
Operation of such motor or engine is essential to a basic function of the vehicle
or equipment, but not limited to, operation of ready-mixed concrete trucks; or
ii.
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 preservation of perishable cargo, and the vehicle is stationary
for the purposes of delivery or loading;
(d)
The discharge of firearms or the detonation of fireworks, firecrackers or explosive devices
not used in construction, unless authorized by the Office of the Fire Commissioner and
the Office of the Fire Chief, Town of Labrador City;
(e)
The use any noise-making device including that of voice, which would be heard in the
streets to sell anything, to solicit business or attract attention, without first having
obtained a permit from Council;
(f)
The use a motor vehicle horn or other horn any more than is reasonably necessary for the
safety and warning of other traffic or pedestrians;
(g)
The operation a motor vehicle unless it is equipped with a muffler so constructed to
prevent noise;
(h)
No person shall, except in the case of an emergency, cause noise or sound by the
squealing of tires or brakes of a motor vehicle caused by unnecessarily rapid braking,
turning or setting in motion of such motor vehicle;
(i)
No person shall, except in the case of an emergency, use an Engine Brake of any kind to
slow or stop a motor vehicle;
8 | 1 2
(j)
Loading, unloading, delivering, packing, unpacking or otherwise handling any containers,
products, materials, or refuse, whatsoever, unless necessary for the maintenance of
essential services or the moving of private household effects between 11:00 p.m. and
7:00 a.m. daily in, or within 100 metres of, a Residential Zone;
(k)
The operation of any equipment in connection with construction between 10:00 p.m. and
7:00 a.m. daily in, or within 100 metres of a Residential Zone;
(l)
The operation or use of any tool for domestic purpose other than snow removal between
10:00 p.m. and 7:00 a.m.
(m)
The operation of solid waste bulk lift or refuse compacting equipment between 10:00
p.m. and 7:00 a.m. daily in, or within 100 metres of a Residential Zone.
6.0 PERMITS AND EXEMPTIONS
6.1
Permits and Exemptions
(a) Notwithstanding any other provision in these Regulations, it shall be lawful to emit or
cause or permit the emission of sound or vibration in connection with emergency
measures undertaken:
i.
For the immediate health, safety or welfare of the inhabitants or any one of
them; or
ii.
For the preservation or restoration of property, unless such sound or vibration is
clearly of a longer duration or nature more disturbing than is reasonably
necessary for the accomplishment of such emergency purpose.
(b) Notwithstanding anything contained in these Regulations, any person may make
application to Council to be granted an exemption from any of the provisions of these
Regulations with respect to any source of sound for which he/she might be prosecuted
and Council, by resolution, may refuse to grant any exemption or may grant the
exemption applied for or any exemption of lesser effect and any exemption granted
shall specify the time period, not in excess of six months, during which it is effective and
may contain such terms and conditions as Council sees fit.
(c) The application referred to in paragraph b) shall be made in writing and shall contain:
i.
The name and address of the applicant;
ii.
A description of the source of sound in respect of which exemption is sought.
iii.
The period of time, of a duration not in excess of six months, for which the
exemption is sought;
9 | 1 2
iv.
The reasons why the exemption should be granted; and
v.
A statement of the steps, if any, planned or presently being taken to bring about
compliance with these Regulations.
(d) Council shall consider the application, opinion of staff as to the merits of the
application and terms and conditions, including but not limited to volume of sound and
time period, which should be imposed if the exemption is granted and any other
matters as Council sees fit.
(e) Any exemption granted may be cancelled by the Enforcement Authority at any time if
he/she shall be of the opinion that the operation for which the exemption or permit was
issued violates any of the terms and conditions attached thereto or tends to disturb the
peace and tranquility of the Town or any portion thereof;
(f) Breach by the applicant of any of the terms or conditions of the exemption shall render
the exemption or permit null and void, and constitute a violation of these Regulations;
(g) The provisions of these Regulations shall not apply to:
i.
Any member of the Royal Newfoundland Constabulary, the Town of Labrador
City Fire Department or any employee of the Town, while such member or
employee is employed in the execution of his/her duties as a member of such
Force or Department or as an employee of the Town;
ii.
A person or an employee of any firm or corporation performing any work for the
Town while such person or employee is employed in the execution of his/her
duties in connection with the performance of any such work for the Town;
iii.
A Special Event sanctioned by the Town;
(h) Nothing in these Regulations shall be deemed to prohibit the following:
i.
The sounding of any bell, horn, siren, or other signal device on any motor vehicle,
motorcycle, bicycle, or other vehicle of whatsoever kind, when the sounding of
such signal device is required by law;
ii.
The sounding of the siren or horn on any vehicle of the Police or Fire Department
of any ambulance or any public service emergency vehicle while answering a call;
iii.
The ringing of church bells;
iv.
The sounding of railway bells, horns, and signals;
v.
The sounding of industrial whistles.
7.0
POWERS OF ENFORCEMENT AUTHORITY AND COMPLIANCE
10 | 1 2
7.1
Enforcement
(a) Enforcement and prosecution under these Regulations may be undertaken by any
Police Officer or by any other person so authorized by the Enforcement Authority.
(b) Pursuant to Section 404(1)j of the Act, a council may make an order that a person who
causes a nuisance contrary to the regulations of the council cease causing that nuisance.
The Enforcement Authority may serve upon the owner or any other person in violation
of a provision of these Regulations, a serially numbered notice advising the nature of
the violation and required action to conform with the standards as set out in these
Regulations.
(Amendment #01-2020)
(c) The owner or any other person served a notice shall carry out the directions of the
Enforcement Authority referred to in Section 6 b) at the cost of the owner or person
served within the time specified.
(d) Where the Enforcement Authority has placed or caused the placing of a sign, placard,
or notice upon any premises under the authority of these Regulations or any other
applicable law, by-law or regulation, no person shall remove such sign, placard, or
notice except with the consent of the Enforcement Authority.
(e) Any costs to the Town for all works carried out in response to a violation of these
Regulations, in addition to any penalty prescribed hereunder, may be recoverable from
the owner or the person in contravention of these Regulations as a civil debt and shall
attach to the property as a secured claim.
(f) Every person requested by a Police Officer or person authorized to enforce these
Regulations shall upon request, forthwith give his/her proper name and address.
(g) It shall be the duty of a Police Officer or the Enforcement Authority to:
i.
Report the name and address of any person observed, or reliably reported to
have violated any of the provisions of these Regulations;
ii.
Report the time and nature of the violation of the Regulations, and any
circumstances being relevant to the violation;
iii.
Serve upon the person violating and provision of these Regulations a serially
numbered notice that the person concerned has violated a provision of the
Regulations, and instructing such person to carry out any order in regard to such
violation;
iv.
Furnish the Town Clerk a duplicate of each serially number notice of violation.
11 | 1 2
8.0 RIGHT OF ENTRY
Pursuant to Section 158 of the Act, duly authorized employees or agents of Council have the
authority to enter a property, upon reasonable notice, for the purposes of inspection as
required under these Regulations.
(Amendment #01-2020)
9.0 FAILURE TO COMPLY
(a) Pursuant to Section 404(5) of the Act, where a person to whom an order is directed
does not comply with the order or part of an order made under Section 7(b) of these
Regulations, Council may take the action that it considers necessary to carry out the
terms of the order and any costs, expenses or charges incurred by Council in carrying
out the terms of the order are recoverable from the person against whom the order was
made as a civil debt owed to Council and shall attach to the property as a secured
claim.
(b) Council may delegate to an official or employee of Council the power to issue orders
under this section.
(c) Council, its employees, servants or agents shall be saved harmless from any and all
claims arising out of the actions of Council, its employees, servants or agents in the
process of inspecting and/or carrying out work under these Regulations, except in the
case of gross negligence.
10.0 OFFENCE AND PENALTY
(a) Non-compliance or contravention of any of the provisions identified in these regulations
shall result in liability for the penalties and fees as set from time to time in Schedule A
of the Town of Labrador City Municipal Fees; and
(b) Pursuant to the Town of Labrador City Violation Notice Regulations:
i.
The Town may issue a violation notice with respect to failure to comply with a
provision of these regulations; and,
ii.
Where a violation notice has been issued by the Town, a person shall be liable
for penalties pursuant to the Town of Labrador City Violation Notice
Regulations.
(c) Pursuant to s.419(1) of the Act:
i.
a person whom contravenes these regulations commits an offence; and,
12 | 1 2
ii.
Pursuant to s.419(2) of the Act, each day upon which the same offence is
committed or continued is a separate offence.
(d) Each person who commits an offence under these regulations or who acts in
contravention of or fails to comply with any provision thereof, or neglects or refuses to
do so shall be liable on summary conviction to a fine pursuant to s.420(1) of the Act.
(e) The conviction of a person for failing to comply with a requirement or obligation
referred to in section 10.d shall not operate as a bar to further prosecution under these
regulations for the continued failure on the part of the person to comply.
(Amendment #01-2020)
11.0
SEVERABILITY
If a court of competent jurisdiction should declare any section or part of a section of these
Regulations to be invalid, such declaration shall not affect the remainder of these Regulations
and the remainder of these Regulations should be valid and shall remain in force.
12.0
REPEAL OF PREVIOUS REGULATIONS
All previous noise abatement regulations relating for the Town are hereby repealed.