Torbay, Newfoundland and Labrador
· adopted 2025-03-03
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torbay
PLANNING AND
DEVE 10 PM E NT
TOWN OF TORBAY
NOISE AND NUISANCE BY-LAWS
February 2025
L
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DEVELOpMENr
TOWN OF TORBAY
NOISE AND NUISANCE BY-LAW
CAME INTO EFFECT: These Noise and Nuisance By-laws came into effect and were
adopted by Council, this 3rd day of March 2025. Motion No: RES-60-2025
Signed and Sealed:
Sandy Hounsell
CAO
Cra i
Mayor
TOWN OF TORBAY
NOISE AND NUISANCE BY-LAWS
Original Adoption to align with new
Towns and Local Service Districts
Act, 2023
March 3, 2025
-- Motion #2OOt Rev 0
TOWN OFTORBAY
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NOISE AND NUISANCE BY-LAW
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Pursuant to the authority conferred in Section 8.(1)(f) of the Towns and Local Se,vice Districts Act,
2023, the Town Council of Torbay adopted the following By-laws on March 3, 2025.
1.
TITLE
1.1.
These By-laws may be cited as the "Town of Torbay Noise and Nuisance By-laws;
hereinafter referred to as 'these By-laws".
2.
PURPOSE
2.1
The purpose of these By-laws is to establish a set direction for the Town and its
residents in relation to noise and nuisance.
3.
APPLICATION
3.1
These By-laws shall apply within the municipal boundaries of the Town of Torbay.
4.
REPEAL OF PREVIOUS REGULATIONS
4.1
All previous Town of Torbay Noise and Nuisance Regulations and amendments
are repealed.
5.
DEFINITIONS I INTERPRETATION
For the purpose of these By-laws, the following definitions shall apply:
5.1
"Act" means the Towns and Local Service Districts Act, 2023.
5.2
"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.
5.3
"Council' means the Town Council of the Town of Torbay.
5.4
"Litter" means any refuse of plastic, metal, glass, paper, stone, concrete, wood,
cloth, sod, gravel, and includes construction and building materials or any material
the Town may reasonably consider to be Litter.
5.5
"Motor Vehicle" means vehicles registered under the Highway Traffic Act.
5.6
"Nuisance" means anything or any condition of things which is or may become
injurious or dangerous or presents an obstruction of things that, in the opinion of
Council, has an unpleasant effect on the senses or adversely affects the amenities
of the surrounding property.
5.7
"Town" means the Town of Torbay.
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6.
GENERAL PROHIBITION
6.1
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
these By-laws.
7.
PEACE AND TRANQUILITY
7.1
No person shall use within the Town, a lawnmower, chainsaw, snow blower or
other machinery 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 for periods following a snowstorm or as may otherwise be
approved by the Town.
7.2
No person shall create or allow a noise within the Town through the use of a motor
vehicle that has no muffler, a modified muffler or exhaust system or a defective
muffler except as may be necessary to move such motor vehicle to a location for
associated repairs.
7.3
No person shall create or allow 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.
7.4
No person shall create or allow any noise caused by the construction (including
excavating), repairing, altering or demolishing of any building, wall or any other
structure, or by the removal, transportation or delivery of rock, gravel, sand or other
materials, between the hours of 11:00 P.M. of any day to 7:00 A.M. of the following
day.
7.5
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.
7.6
No person shall allow noise caused by the excessive barking or howling of any
animal that is in the care or control of any person.
7.7
No person shall create or allow a noise within the Town through the detonation of
fireworks or explosive devices in residential areas between the hours of eleven
11:00 P.M. of any day to 7:00 A.M. of the following day, with the exception of
statutory holidays as declared for New Years Eve, Canada Day and Victoria Day,
or on any other holiday or occasion deemed acceptable by the Town.
7.8
No person shall use within the Town, any off-road, all-terrain or motorized snow
vehicle except where such use is approved and authorized in the Motorized Snow
and All-Terrain Vehicles Act.
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NOISE AND NUISANCE BY-LAW
7.9
No person shall deposit, throw, place or sweep any 'litter' upon any street or area
whatsoever within the boundaries of the Town, excluding garbage placed at the
curb for pick up by garbage collector or that which is otherwise specified by
Council.
8.
NUISANCE
8.1
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.
8.2
No person shall fire or discharge an air gun in a manner creating a nuisance.
8.3
No person shall carry or operate any firearm except as allowed by the current
Firearms Act.
8.4
No person shall erect or allow to be erected any building, wall, fence or any other
structure which may cause a nuisance or unsightly condition to neighboring
properties.
8.5
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 behavior
that, in the opinion of the Town, may have an unpleasant or disagreeable effect
upon the senses.
9.
AIR CONDITIOINERS, HEAT PUMPS, COMPRESSORS, CONDENSERS, CHILLERS,
COOLING TOWERS AND SIMILAR DEVICES
9.1
No person shall use or operate or cause to be used or operated any air conditioner,
heat pump, compressor, condenser, chiller, cooling tower or similar device, the
noise from which has a level greater than 55 dBA when measured at the property
boundary of the property from which the source of the noise is emanating or the
point of reception.
10.
HOURS OF OPERATION
10.1
Between the hours of eleven o'clock in the evening (11:00 PM) on any day and
seven o'clock in the morning (7:00 AM) of the following day, no person, firm or
company or owner of any land or building or premise shall, in the Town, operate,
conduct or carry on any industry, business, trade, or vocation whatsoever, 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
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 an annoyance
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to any person residing or carrying on business or being in the vicinity of such
street, building or place.
10.2
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 or vocation any
noise which disturbs 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 such industry,
business, trade or vocation is necessary and acceptable in the opinion of Council.
10.3
Such Permit may be granted upon such terms and conditions as may be
determined by the Town.
11.
TIME
11.1
Any time in these By-laws shall mean Standard Time for the Town or Daylight
Savings Time, so called, when and during the period for which the same is in force.
12.
EXCEPTIONS
The provisions of these By-laws shall not apply to:
12.1
any member of the Royal Newfoundland Constabulary, the Royal Canadian
Mounted Police, the Torbay Volunteer Fire Department or the St. John's Regional
Fire Department or any emergency personnel or emergency vehicles, or any
employees of the Town of Torbay while such member is employed in the execution
of his or her duties as a member of such Constabulary, Police, Fire Department,
or employees of the Town;
12.2
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 duties in
connection with the performance of any such work for the Town;
12.3
musicians
or performers
providing
outdoor entertainment
involving sounds
reproduction devices during events staged by or on behalf of the Town;
12.4
municipal snow clearing or removal activities;
12.5
snow clearing and removal operations during a snowfall event and for a period of
twenty-four (24) hours after the end of a snow fall event; or
12.6
the use of bells or chimes for the announcing of public worship services.
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13.
COMPLIANCE WITH OTHERACTS AND REGULATIONS
13.1
Nothing in these By-laws serves to exempt any persons 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 or any other authority, and in such cases where more than one regulation
or statute applies the more restrictive regulation or statute shall apply.
14.
ENFORCEMENT
14.1
The Policy shall be enforced by the Royal Newfoundland Constabulary, Royal
Canadian Mounted Police, Peace Officer or any person designated by the Town
Council.
15.
PENALTIES
Every person who is guilty of an offence under these By-laws or who acts in contravention
of or fails to comply with any provision thereof, or neglects or refuse to do so:
15.1
Shall be liable to penalties as stipulated in accordance with Section 290 of the
Towns and Local Service Districts Act, 2023; or
15.2
Shall be subject to an order under Section 285 of the Towns and Local Service
Districts Act, 2023; or
15.3
Shall be subject to a violation notice issued under Section 287 of the Towns and
Local Service Districts Act, 2023; or
15.4
Shall be issued a ticket under the Provincial Offences Act in accordance with
Section 288 of the Towns and Local Service Districts Act, 2023.
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