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No. N- IOO
A Community of Communities
Cape Breton
Regional Municipality
BY-LAW RESPECTING NOISE
IN THE CAPE BRETON REGIONAL MUNICIPALITY
Short Title
Interpretation
General Prohibition
Prescribed Exemptions
Local Exemptions
Grant Of Exemptions By Council
Severability:
Offence and Penalty
Payment in Lieu of Prosecution
Repeal of By- laws, Regulations and Ordinances
Schedule " A"
PROHIBITED TIMES:
Schedule " B"
Schedule " C"
BE IT ENACTED by the Council of the Cape Breton Regional Municipality as
follows:
Short Title
1. This By- law shall be known and cited
as the " Noise By- law".
By- law Respecting Noise
in the Cape Breton Regional Municipality
Interpretation
2. In this By- law,
a)" construction" includes erection, alteration, repair, dismantling and demolition of
structures and includes structural
maintenance, hammering, land clearing, moving of
earth, rock or felled trees, rock breaking, grading, excavating, the laying of pipe or
conduit whether above
or below ground level, working with concrete, alteration
or
installation of any equipment, the structural installation of construction
components
or
materials in any form whatsoever, the placing or removing of any construction
related
materials
and includes any work in connection therewith; but does not include blasting;
b) " construction equipment" means
any equipment or device designed and intended
for use in construction
or material handling including but not limited to air
compressors, air tracks, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors,
excavators, trenchers, cranes, derricks, loaders, backhoes, scrapers, pavers, generators,
off-highway haulers
or trucks, ditchers, compactors
and rollers, pumps, concrete
mixers, graders and other material handling equipment;
c) " Continuous
Noise" means
i)
uninterrupted noise for a period of time exceeding five minutes; or
ii)
recurring noise having periods of interruption up to one hour in
duration.
d) " Council" means
the Cape Breton Regional Council;
e) " Motor vehicle" includes
an automobile, motorcycle and any other vehicle
propelled or driven otherwise than by muscular, gravitational or wind power; but
does not include
a motorized wheelchair
or
a car, locomotive
or other motor vehicle
running only upon rails; a motorized
snow vehicle; traction engine; farm tractor;
self-propelled implement of husbandry; or road- building machine within the
meaning of the Motor Vehicle Act;
f) "
Point of reception" means
any point on the premises of a person where sound,
originating from other than those premises, is received;
g) " public address system" means
any system comprised of one
or more of the
following and in any combination: loudspeaker, amplifier, microphone, turntable,
reproducer, receiver
or tuner, where such equipment is part of a system used to
reproduce or amplify sound;
h) " recreational
vehicle" means
any motor vehicle which is designed to be, or intended
to be, used other than on
a public highway or on the surface of the water and includes,
without limiting the generality of the foregoing, all- terrain vehicles, trail bikes, dirt
bikes, moto- cross bikes and snowmobiles
but does not include
a motor home
or travel
trailer for the purposes of this By-Law;
2
By- law Respecting Noise
in the Cape Breton Regional Municipality
General Prohibitions
3. (
1) No person shall engage in any activity that unreasonably disturbs
or tends to
disturb the peace, comfort and tranquillity of a resident of the municipality.
2) Without limiting the generality of subsection (
1),
the activities listed in Schedule
A" during the prohibited times and places as set out therein
are deemed to be activities
that unreasonably disturb the peace, comfort and tranquillity of a resident.
3) For the purpose of a prosecution pursuant to subsection (
1)
or ( 2), evidence that one
neighbor is unreasonably disturbed by a noise is prima facie evidence that the
neighborhood is unreasonably disturbed by the noise.
Prescribed Exemptions
4. (
1) Notwithstanding any other provisions of this By- law, it shall be lawful to emit or
cause
or permit the emission of sound in connection with emergency measures
taken
a) for the immediate
health, safety or welfare of the inhabitants
or any of them;
b) for the preservation or restoration of property
unless such sound is clearly of a longer duration
or more disturbing than is reasonable
necessary for the accomplishment of such emergency purposes.
2) Notwithstanding any other provisions of this By- law, this By- law shall not apply to:
a) the days listed in Schedule " B", the emission of sound in connection with any of the
traditional, festive, religious or other activities listed therein; or
b) the emission of sound in connection with any of the activities listed in Schedule
e";
c) employees of the Municipality, the Government of Canada, the Province of Nova
Scotia, the Nova Scotia Power Corporation, MTT and other telecommunication
companies when those employees are acting in the reasonable
execution of their duties;
d) a person or a corporation, or an employee of such person or corporation, reasonably
performing work at the request of any party enumerated
in clause ( c);
e) noises in connection with athletic
or recreational
activities in municipal park areas,
arenas
or community centres until
one
o' clock in the forenoon;
f)
noises in relation to annual municipal festivals
or municipal activities in municipal
parks, municipal arenas
or municipal community centres until
one
o' clock in the
forenoon;
g) noises in relation to municipal parades, street dances
or other community activities
until
one
o' clock in the forenoon;
h) noises caused by motor vehicles being used for emergency purposes;
3
By- law Respecting Noise
in the Cape Breton Regional Municipality
I)
noises emitted by municipal owned machinery or equipment when used in the
normal
course
of providing municipal services;
G) noises caused by motor vehicles
or workmen engaged in the delivery of any fuel type
k) noises emitted by audible pedestrian signals; and
1) noises caused by air ambulances.
Grant Of Exemptions By Council
5. (
1) Notwithstanding anything contained in this By-Law, any person may make
application to Council to be granted an exemption from any of the provisions of this
By-Law with respect to any emission of noise for which that person 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 the
exemption shall be effective
and the exemption shall be in written form and shall
include such terms and conditions
as Council deems appropriate.
2) In deciding whether
or not to grant an exemption, Council
shall give consideration
to the social
or commercial
benefit of the proposed activity to the municipality, the
views of any residents of the municipality which may be expressed to Council, the
proposed hours of operation of the proposed noise- emitting activity and the proposed
duration of the subject activity.
3) In deciding whether
or not to grant an exemption, Council
shall give the applicant,
and any person opposed to the application, an opportunity to be heard during a Council
Session and may consider such other matters as it deems appropriate.
4) Notice of the time, date and purpose of the Council
Session at which the hearing is
proposed to take place shall be mailed to the assessed
owner
or owners
as shown in the
records of the Regional Assessment Office, of property located within
1000 feet of the
property which will be the subject of the hearing;
5) Any alleged breach by the applicant of any of the terms or conditions of any
exemption granted by Council, shall be investigated by municipal staff, reported to
Council in writing and Council
shall determine whether
or not a breach has taken
place. If a breach has taken place, Council may pass a resolution revoking the
exemption, without the necessity of giving notice of rescinding motion, and such
exemption shall be null and void
as of the passing of such resolution.
Steering Committee:
6. A steering committee will be formed to review this by-law from time to time.
Membership shall included
3 members of council
and others appointed by the manager
responsible for the by-law.
4
By- law Respecting Noise
in the Cape Breton Regional Municipality
Severability:
7. If a court of competent jurisdiction should declare any section
or part of a section of
this By-Law to be invalid, such section
or part of a section shall not be construed
as
having persuaded or influenced
Council to pass the remainder of the By-Law and it is
hereby declared that the remainder of the By-Law shall be valid and shall remain in full
force and effect.
Offence and Penalty
8. (
1) Any person who violates any section of this By- law is guilty of an offence and
shall, on summary conviction
be liable to a fine of not less than one hundred dollars
100. 00) and not more than five thousand dollars ($ 5, 000. 00) and in default of
payment, to imprisonment for a period not exceeding sixty (60) days.
2) If a person violates the same provision of this By- law twice within
one six month
period, the minimum penalty for the second such violation is $ 200. 00.
Every Day A Fresh Offence
9. (
1) In the case of an alleged contravention
of the provisions of this By-Law, and in
addition to any other legal remedy available, Council may direct the clerk to prepare a
written Notice which identifies the contravention
and directs what must be done to
remedy the contravention
and to serve
such Notice
on the alleged contravenor requiring
that person or persons to remedy the contravention
of the By-Law within ten ( 10) days
after the Notice has been served.
2) In default of the remedying of the contravention
described in the Notice within
the ten ( 10) day time period, it is deemed to be a fresh offence.
Repeal of By- laws, Regulations
and Ordinances
10. Sections
3 and 4 of the Cape Breton Regional Municipality Orderly Conduct By-
law Number
S- 5 and any amendments
thereto
are hereby repealed. Any Noise By- laws
or any provisions thereof passed and adopted by any of the eight ( 8) former
municipalities of Cape Breton County prior to July 31, 1995 which conflict with or acts
contrary to the provisions of this By- law are hereby repealed with this By- law
becoming law and any other provisions of such By- laws
are hereby ratified and
confirmed
insofar
as they are not in conflict with this By- law.
5
By- law Respecting Noise
in the Cape Breton Regional Municipality
PASSED
AND
ADOPTED
by
a majority of the
whole
Council
at
a duly called
meeting of the Cape Breton Regional Municipal Council
held
on the
15th
day
May, AD., 2001, and amended
on the 2nd day of July, 2014.
CECIL P. CLARKE, MAYOR
DEBORAH CAMPBELL
MUNICIPAL CLERK
I, Deborah Campbell, Clerk of the Cape Breton Regional Municipality, do hereby
certify that the attached
is
a true and correct copy of the Noise By-Law of the Cape
Breton Regional Municipality
as amended
at
a meeting of the Cape Breton Regional
Municipal Council held on the 2nd day of
July , AD., 2014.
Deborah Campbell - Municipal Clerk
EFFECTIVE DATE: Julv 8. 2014
6
By- law Respecting Noise
in the Cape Breton Regional Municipality
Schedule " A"
Part 1
Activities that unreasonably disturb the peace, comfort and tranquility
of a
resident, and at all times, where the sound resulting therefrom is audible at a
point of reception.
1. The operation of any combustion engine or pneumatic device without
an effective
exhaust
or intake muffling device in good working order and in constant operation;
2. The operation of a vehicle
or a vehicle with
a trailer resulting in banging, clanking,
squealing or other like sounds due to an improperly secured load or equipment or
inadequate maintenance;
so
as to create a continuous
noise.
3. The operation of a motor vehicle horn or other warning device except where
required or authorized by law or in accordance with good safety practices.
4. The detonation of fireworks
or explosive devices not used in construction
or
quarryIng;
5. The operation or use of a recreational
vehicle
or a group of recreational
vehicles
within
1000' of a residence in such
a manner
so
as to create a continuous
noise.
6. The operation of an engine or motor in, or on, any motor vehicle
or item of attached
auxiliary equipment for a continuous period exceeding five minutes, while such vehicle
is stationary in a residential
area unless: (
a) the original equipment manufacturer
specifically recommends
a longer idling period for normal and efficient operation of
the motor vehicle in which
case such recommended period shall not be exceeded; ( b)
operation of such engine or motor is essential to a basic function of the vehicle
or
equipment, including but not limited to, operation of ready-mixed concrete trucks, lift
platforms and refuse compactors; ( c) 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 where the
vehicle is stationary for purposes of delivery or loading; ( d) prevailing low
temperatures
make longer idling periods necessary immediately after starting the motor
or engine; ( e) the idling is for the purpose of cleaning and flushing the radiator and
associated
circulation
system for seasonal change of antifreeze, cleaning of the fuel
system, carburetor
or the like, when such work is performed other than for profit.
7. The operation of any item of construction equipment without effective prescribed
muffling devices in good working order and in constant operation;
7
By- law Respecting Noise
in the Cape Breton Regional Municipality
Part 2
Activities that unreasonably disturb the peace, comfort and tranquility
of a
resident at the specified times, where the sound resulting therefrom is audible at a
point of reception.
12. The operation of any refrigeration unit, which is stationary or attached to
refrigeration, trailer unless the refrigeration trailer is in motion;
C
13. The operation of a garborator, solid waste bulk lift, refuse compacting equipment
or hydraulic dumpster associated with
a commercial enterprise;
B
14. The operation in the outdoors of any power tool or pump for domestic purposes other
than snow removal, or when located within
a building.
A
15 . Yelling, shouting, hooting, whistling or singing;
A
16. The operation of a commercial
car wash;
C
17. All selling or advertising by shouting or outcry or amplified sound;
B
18. The use
or operation of any commercial vacuuming equipment such
as rug cleaning
equipment;
A
19. The operation of any public address system, television
set, disc player, tape deck,
phonograph, or radio in a manner
such that the sound from the equipment being
operated is audible beyond the bounds of the property from which the noise is emitted;
A
20. Music
on the Sydney Boardwalk;
E
21. The operation of any motorized
conveyance other than on
a street or other place
intended for its operation;
A
22. The use
or operation of construction equipment, except where such equipment is
used or operated on any highways;
C
23. The operation of a power assisted hang glider or parafoil;
A
24. The operation or use of a combustion engine which ( i) is, or ( ii) is used in, or ( iii) is
intended for use in, a toy or
a model
or replica of any device, which model
or replica has no
function other than amusement or which is not a conveyance; within 500 feet of a
residence.
A
25. The operation of any circus, fair, carnival
or other such outdoor entrainment activity
C
8
By- law Respecting Noise
in the Cape Breton Regional Municipality
PROHIBITED TIMES:
A - On a Monday, Tuesday, Wednesday, Thursday, or Friday until
seven
o' clock in the
forenoon ( 7: 00
a. m.) and after nine thirty o' clock in the afternoon ( 9: 30 p. m.). On a
Saturday until eight o' clock in the forenoon ( 8: 00
a. m.) and after
seven
o' clock in the
afternoon ( 7: 00 p. m.) On a Sunday, Statutory Holiday or Remembrance
Day until nine
o' clock in the forenoon ( 9: 00
a. m.) and after
seven
o' clock in the afternoon ( 7: 00 p. m.).
B - On a Monday, Tuesday, Wednesday, Thursday, or Friday until
seven
o' clock in the
forenoon ( 7: 00
a. m.) and after nine thirty o' clock in the afternoon ( 9: 30 p. m.). On a
Saturday until eight o' clock in the forenoon ( 8: 00
a. m.) and after
seven
o' clock in the
afternoon ( 7: 00 p. m.). On a Sunday, Statutory Holiday or Remembrance
Day at all
times during any such day.
C - twelve
o' clock in the forenoon ( 12: 00
a. m.) to six o' clock ( 6: 00
a. m.) in the
forenoon of the
same day.
D - All Day Sunday, Statutory and Civic Holidays and Remembrance
Day.
E. - Between June
1
st and October
1
st until eight o' clock in the forenoon ( 8: 00
a. m.)
and after nine thirty o' clock in the afternoon ( 9: 30 p. m.) on the Sydney Boardwalk
in
accordance with the CBRM Policy Respecting Music
on the Sydney Boardwalk.
NOTE: Any time specified in this Section shall
mean
Standard Time for the
municipality or Daylight Savings Time during the period of time for which the
same
is
declared to be in force in the municipality.
Schedule " B"
Canada Day
New Year' Eve
Recognized Civic Holidays
Recognized Religious Holidays
Schedule " C"
Ringing of Bells at Places of Worship
Calls to Worship
Activities
at Pits, Quarries
or Mining Operations for which
a permit has been issued by
the Department of Environment, which expressly regulates sound levels.
9