Paradise, Newfoundland and Labrador
· adopted 2025-02-18
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TOWN OF PARADISE - NOISE AND NUISANCE BY-LAW
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NOISE AND NUISANCE BY-LAW
BY-LAW NO.
BL-PPS-02
PASSED BY COUNCIL ON
FEBRUARY 18, 2025
MOTION NUMBER
M25-054
PUBLISHED BY AUTHORITY
Pursuant to the authority conferred by the Towns and Local Service Districts Act (SNL 2023 T-6.2), Section
8(1)(f), and all other powers enabling it, the following Noise and Nuisance By-law has been adopted by
the Town Council of the Town of Paradise.
1. TITLE
This By-law may be cited the Town of Paradise Noise and Nuisance By-law, 2025.
2. INTERPRETATIONS
In this By-law, unless the context otherwise requires:
(1) "Act" means the Towns and Local Service Districts Act.
(2) "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.
(3) "Council" means the Town Council of the Town of Paradise.
(4) "Enforcement Authority" means Council or its authorized By-law enforcement officers or inspectors.
(5) "Nuisance" means anything, in the opinion of Council or any person authorized by Council, the
endangers life or health, gives offence to the senses, violates the laws or decency or obstructs
reasonable and comfortable use of property in any way, and includes any obnoxious substances,
smoke, animal waste or unsanitary matter or noise that has an unpleasant effect on the senses.
(6) "Owner" means the legal entity having title to a property.
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(7) "Occupant" means any Person who is an agent, tenant or occupier of a property.
(8) "Person" means any person, firm, partnership, association, corporation, company, co-operator, club,
society, or any other corporate body or organization of any kind.
(9) "Point of Reception" means any point on the property of a Person where sound originating from
another property is received.
(10) "Public Address System" means any system of loud-speakers, electronic device or group of
connected electronic devices incorporating one or more loudspeakers or other electro-mechanical
transducers, microphones or reproducers or any combination of such equipment used in the
reproduction or amplification 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.
(11) "Quiet Hours" means the period of time between 11:00 p.m. of any given day and 7:00 a.m. of the
following day.
(12) "Residential Zone" means a zone as established in the Town of Paradise Development Regulations in
which a residential use is a permitted use.
(13) "Street" included any alley, boulevard, bridge court, foot-way, highway, lane, park, public drive,
sidewalk, square, and any part of them open for public use.
(14) "Town" means the Town of Paradise.
3. APPLICATION
Any time specified in this By-law shall mean Standard Time or Daylight Savings Time, so called, when
and during the period for which the same is in force.
4. NUISANCE
(1) No Person shall at any time cause to occur or participate in raucous or unseemly behaviour or cause
any other Nuisance.
(2) No Owner or Occupant of any property in the Town shall knowingly permit or allow any Nuisance or
raucous or unseemly behaviour to occur on the Owner or Occupant's property.
5. NOISE RESTRICTIONS
(1) No Person shall emit or cause or permit the emission of sound resulting from an act listed herein,
and which sound clearly audible at a point of Reception, except as exempted in this By-law.
(a) Shouting or the use of noise-making devices or Public Address Systems, including but
not limited to the purpose of selling wares, soliciting business or attracting attention.
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(b) The operation, conduct, use or carrying on or causing or permitting the operation,
conduct, use or carrying on of any industry, business, trade or vocation whatever which
makes allows to be made in connection with such operation, business, trade or vocation
any noise or music which in the opinion of the Enforcement Authority disturbs or may
disturb the peace and tranquility of any Person residing in the vicinity of a Point of
Reception.
(c) The detonation of fireworks or explosive devices not used in construction, unless
authorized by the Enforcement Authority 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.
i. Fireworks shall only be discharged on New Year's Eve and Canada Day (or any other
day designated by Council) from 7:00 pm to 12:30 a.m. the following day.
ii. Fireworks may be banned during high fire risk periods, as directed by Provincial
authorities, the St. John's Regional Fire Department, and at the discretion of the
Town.
iii. No person shall discharge personal/ family fireworks in, into, or on:
1. any building, structure, doorway, or vehicle.
2. any highway, street, road, or other public place; and
3. any land that they do not own, unless the owner thereof has given written
permission.
iv. No fireworks may be discharged within 30 metres of a dwelling, structure, wood,
brush, or other flammable material.
v. Every person who discharges fireworks shall be 18 years or older, shall follow the
instructions on the fireworks packaging, and shall have access to a fire extinguisher
and bucket of water ready for immediate use.
vi. Individuals are personally liable for any property damage or personal injury resulting
from the discharge of fireworks.
(d) The excessive barking or howling of any animal that is in the care or control of any
Person.
(e) 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:
(f) 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
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(g) Weather conditions justify the use of heating or refrigerating 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.
(h) 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 during Quiet Hours in, or
within 100 meters of, a Residential Zone.
(i) The operation of any equipment in connection with construction during Quiet Hours in,
or within 100 meters of a Residential Zone.
(j) The operation or use of any tool for domestic purposes other than snow removal during
Quiet Hours.
(k) The use or operation of a lawnmower, chainsaw, snowmobile or other machinery or
equipment which may, in the opinion of Council, disturb the peace and quiet of a
neighborhood during the Quiet Hours of the Town.
(l) The operation of a solid waste bulk lift or refuse compacting equipment during Quiet
Hours in, or within 100 meters of a Residential Zone.
(m) The construction, excavating, repairing, fabricating, altering or demolishing of any
building, structure, property, or part thereof during Quiet Hours in, or within 100 meters
of a Residential Zone.
(n) The blowing of any system whistle attached to any stationary boiler.
(o) The discharge into the open air of the exhaust of any steam engine, stationary internal
combustion engine, motorboat, or motor vehicle, except though a muffler or other
device which will effectively prevent loud or explosive noises therefrom.
(p) The creation of a loud explosive noise in connection with the loading, unloading, or
handling material or device or the opening or destruction of bales, boxes, crates and
containers.
(q) The operation of any pile driver, steam shovel, pneumatic device, derrick, steam or
electrical hoist, grader, snow removal equipment or other appliance, the use of which is
attended by loud or unusual noise.
(r) The operation of any noise-creating blower, power fan or any internal combustion
engine, the operation of which causes noise due to the explosion of operating gases or
fluids unless the noise from such blower or power fan is muffled and the engine is
equipped with a muffler device sufficient to deaden such noise.
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(s) The use of a motor vehicle horn or other horn, except as ay be reasonably necessary in
the opinion of Council for the safety and warning of traffic and/or pedestrians.
(t) The use of a motor vehicle that has no muffler or that has a defective muffler, except as
may be necessary, in the opinion of Council, to move such motor vehicle to a location for
associated repairs, subject to the approval of law enforcement officials under the
Highway Traffic Act.
(u) The squealing of tires of a motor vehicle which, in the opinion of Council, is caused by
unnecessary braking, turning or setting motion of such motor vehicle, except in the case
of an emergency.
(v) Firing or discharge of an Air Gun within the Town.
6. EXCEPTIONS
(1) Nothing in this By-law shall be deemed to prohibit:
(a) The sounding of any bell horn, siren or other warning device of any vehicle or bicycle,
where the law required or when responding to an emergency.
(b) The ringing of church bells or chimes
(c) The sounding of industrial whistles.
(d) The sounding of motor vehicle horns in a wedding procession or in parades permitted by
Council.
(e) Musicians or performers providing outdoor entertainment involving sound reproduction
devices during events staged by or on behalf of the Town.
(f) Municipal snow clearing or removal activities.
(g) The removal of snow by heavy equipment.
(2) The provisions of this By-law shall not apply to:
(a) Any member of the Royal Canadian Mounted Police, Municipal Enforcement Officers of
the Town of Paradise Fire Department; or
(b) A person or an employee of the Health Corporation or of the Town, while any such
member or employee is employed in the execution of his or her duties as a member of
such Force or Department or as an employee of the Health Corporation or the Town.
7. LICENCE
(1) The Enforcement Authority may, upon receiving an application, permit a license for any act
prohibited herein.
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(2) The application referred to in Section 7(1) shall be made in writing and shall contain:
(a) The name and address of the applicant.
(b) A description of the source of sound in respect of which exemption from this By-law is
sought.
(c) A statement of the particular provision or provisions of these By-laws is sought.
(d) The period of time, of a duration not in excess of six months, for which the exception is
sought
(e) The reasons why the exemption should be granted; and
(f) A statement of the steps, if any, planned or presently being taken to bring about
compliance with this By-law.
(3) Such licence may be granted for the act between the hours of 10:00 a.m. and 10:00 p.m. and may be
refused if the Enforcement Authority is of the opinion that the act disturbs or may disturb the peace
and tranquility of the Town or any portion thereof.
(4) Such license may be granted upon such other terms and conditions as may be determined by the
Enforcement Authority, including the volume of sound to be reproduced by any apparatus or device,
and shall be for such period as stated in such licence.
(5) Any licence granted under Section 7(1) of this By-law may be cancelled or revoked at any time by the
Enforcement Authority for any reason, including but not limited to if the Enforcement Authority is of
the opinion that the operation of such apparatus or device for which such license was issued violates
any of the terms or conditions attached to such licence, or disturbs or may disturb the peace and
tranquility of the Town or any portion thereof.
(6) Breach of any of the terms or conditions of such licence shall render the licence null and void and
constitute a violation of this By-law.
8. ENFORCEMENT
(1) 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 Services Districts Act; or
(b) Shall be subject to an order under Section 285(1) of the Towns and Local Services
Districts Act; or
(c) Shall be subject to a violation notice issued under Section 287 of the Towns and Local
Services Districts Act; or
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(d) Shall be issued a ticket under the Provincial Offences Act in accordance with Section 288
of the Towns and Local Services Districts Act.
9.
RIGHT OF ENTRY
Pursuant to Section 51 of the Urban and Rural Planning Act, 2000 and/or Section 280 of the Towns
and Local Services Districts Act, a By-law Enforcement Officer or Inspector has the authority to
enter a property for the purposes of inspection or to carry out work as required under this By-law.
10. REVIEW
All sections of this By-law have been developed in accordance with the Towns and Local Service
District Act. This By-law is reviewed as required following new information or knowledge.
11. PUBLICATION
This By-law was published on the Town of Paradise website in February 2025.
12. REPEAL OF PREVIOUS LEGISLATION
All previous Town of Paradise Noise and Nuisance regulations and amendments are repealed.
13. COMING INTO EFFECT
Under the Towns and Local Services Districts Act, Section 12, this By-law came into effect once
adopted by Motion of Council (M25-054), voted on by a majority of the councillors in attendance at
the Town Public Council Meeting on February 18, 2025.
IN WITNESS WHERE OF the Seal of The Town of Paradise has been here unto affixed, and this By-law
has been signed by the Town Clerk and Mayor on behalf of the Council.
Town Clerk: _______________________________
Date: ______________________
Mayor: ___________________________________
Date: ______________________
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March 26, 2026 | 7:38:02 PM NDT
March 26, 2026 | 10:52:59 PM NDT
TOWN OF PARADISE - NOISE AND NUISANCE BY-LAW
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HISTORY OF AMENDMENTS
February 24, 2026 (M26-038)
NOISE AND NUISANCE BY-LAW amended to add directives for the use of Fireworks in subsection 5(1)(c).
Amendment adds restrictions, requirements, and defined timelines for increased safety and more
effective management of personal fireworks.
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