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MUNICIPALITY OF THE DISTRICT OF GUYSBOROUGH
BY-LAW #16- NOISE CONTROL
AMENDED DATE: OCTOBER 26, 2011
PREAMBLE
WHEREAS the Municipal Government Act authorizes Council under Section 172 (1) (d) of
the Act to make By-laws respecting nuisances, including noise;
AND WHEREAS the Council of the Municipality of the District of Guysborough has
deemed it expedient that such a By-law be now enacted.
TERMS
1. This By-law shall be known as the Noise Control By-law.
2. In this By-law:
a) "A-weighted Continuous Noise Level" and "dBA" both have the meaning used in the
Ontario Municipal Model Noise Code (1978) and are more specifically defined in
Appendix A.
b) A) "Dwelling Unit" means living quarters that
i.
are accessible from a private entrance, either outside the building or in a
common area within the building;
ii.
are occupied or, if unoccupied, are reasonably fit for occupancy;
iii.
contain kitchen facilities within the unit; and
iv.
have toilet facilities that are not shared with the occupants of other
dwelling units.
B) "Dwelling unit" also includes the real property upon which the dwelling unit is
located as well as the lawns, yards and surrounding area.
c) "Occupant(s)" shall mean anyone who resides at a dwelling unit.
d) "Sound system" shall include a public address system, phonograph, gramophone,
radio, cassette tape player, digital music player, compact disc player, computer or
computer accessory, loud speaker, microphone, or any other device or apparatus,
whether operated electrically, mechanically or in any other way whatsoever, whether
movable or stationary, whether located inside or outside a dwelling unit or motor
vehicle, that reproduces, amplifies, emits, or transmits sounds.
e) "Municipality" means the Municipality of the District of Guysborough.
f) "Police Officer" means a member of the Royal Canadian Mounted Police or any By-
law Enforcement Officer or Constable employed by the Municipality.
g) "Council" means the Council of the Municipality of the District of Guysborough.
3. The following acts, among others, are hereby deemed and declared to be noises which
disturb or tend to disturb the peace and tranquility of the residents of the Municipality or
any portion thereof:
Making any noise or combination of noises which, when measured on any property
on which the noise is heard or the noises are heard, exceeds the applicable A-
weighted continuous noise level as follows:
TIME
NOISE LEVEL
6:00 am - 11:00 pm
65 dBA
11:00 pm - 6:00 am
55 dBA
4.
a) No person in the Municipality shall make, cause or allow any noise which disturbs or
tends to disturb the peace and tranquility of any person located within the
Municipality.
b) No person who owns, or has under their supervision or control, a dog or other animal,
shall permit the dog or other animal to make any noise which disturbs or tends to
disturb the peace and tranquility of any person located within the Municipality.
c) No person in the Municipality shall operate or cause or permit to be operated any
sound system at such a level that the resulting sound is heard in a dwelling unit, other
than the dwelling unit in which the sound system in question is located.
d) Subject to the other provisions in this By-law:
i.
A person must not make or cause a noise or sound in a street, park, plaza, wharf
or similar public place which disturbs or tends to disturb the quiet, peace, rest,
enjoyment, comfort or convenience of persons in the neighbourhood or vicinity.
ii.
A person who is the owner or occupant of, or is in possession or control of, real
property must not make, suffer, or permit any other person to make a noise or
sound on that real property, which can be heard by a person not on the same
premises and which disturbs or tends to disturb the quiet, peace, rest, enjoyment,
comfort or convenience of persons in the neighbourhood or vicinity.
iii.
Motor vehicles must only use muffler and muffler components that are in keeping
with muffler equipment initially installed on new vehicles.
6. This By-law does not apply to the following:
a) Employees of the Municipality, the Province of Nova Scotia, the Government of
Canada, Nova Scotia Power Inc., Aliant Inc., Seaside Communications and Eastlink
Cablevision when these employees are acting in the reasonable execution of their
duties.
b) Noises emitted by machinery or equipment when used under the provisions of (a)
above.
c) A person or a corporation, or an employee of such person or corporation, reasonably
performing work at the request of any party described in (a) above.
d) Noise emitted by machinery or equipment used in snow removal and snow clearing
operations.
e) Noises in connection with athletic, recreational or school activities in arenas, playing
fields, courts, school grounds or in municipal park areas between the hours of 6:00
a.m. and 11:00 p.m.
f) Noises in relation to religious activities between the hours of 6:00 a.m. and 11:00
p.m.
g) Noises in relation to parades, streets dances or any other community activities
between the hours of 6:00 a.m. and 11:00 p.m.
h) The regulation of any loud and unnecessary noise in or from the engine, exhaust
system, braking system, or from the contact of the tires with the roadway, by a motor
vehicle from starting, driving, turning, stopping or accelerating all of which is within
the jurisdiction of the Motor Vehicle Act.
7. Notwithstanding any other provisions of this By-law, it is lawful to emit or cause or permit
the emission of noise in conjunction with:
a) Emergency services undertaken for the immediate health, safety and welfare of any
person.
b) Emergency measures undertaken for the preservation of property.
c) Construction activities between the hours of 7:00 am and 9:00 pm for which a
Building Permit has been issued by the Municipality.
d) Agricultural activities carried on by a farm operation.
8. An exemption from the application of this By-Law may be considered by the Chief
Administrative Officer (CAO) as he/she deems appropriate upon receiving an application for
said exemption at least thirty (30) days prior to the contemplated activity commencing. In
those cases where an exemption is to be considered the following terms shall apply:
a) An application for exemption under this by-law must be presented on Form "A"
attached to this By-Law.
b) Notwithstanding anything contained in this By-law any person may make application
to the CAO 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 may be prosecuted. The
CAO may refuse to grant any exemption applied for or may grant the exemption
applied for or any exemption of lesser effect. 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 the CAO deems appropriate.
c) In deciding whether or not to grant an exemption, the CAO 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 the CAO, the
proposed hours of operation of the proposed noise making activity, the proposed
duration of the subject activity and the level of noise anticipated to be generated by
the activity.
d) In those cases where an exemption is granted, the CAO may revoke the exemption if
he/she believes that a breach of the terms and conditions has occurred.
e) Any alleged breach by the applicant of any of the terms or conditions of any
exemption granted by the CAO shall be investigated by the municipal staff and
reported to the CAO in writing. The CAO shall determine whether or not a breach has
taken place and where he/she determines that a breach has taken place then Council
may revoke the exemption and as many as five (5) days may be allowed for ceasing
the activity.
f) The decision may be appealed to Council:
A) a refusal by the CAO to grant an exemption; or
B) the terms or conditions of an exemption granted by the CAO.
9. Any police officer may enter upon or into private property for the purpose of inspection,
maintenance and enforcement of this By-law.
10. Every person who contravenes or fails to comply with any of the provisions of this by-law
shall be liable to a penalty of $250.00 per occurrence.
11. Any police officer may choose to issue a Summary Offense Ticket to enforce this by-law.
12. Any person, upon conviction or upon a guilty plea, who does not pay his or her penalty
within the time specified by the Court, shall be liable to imprisonment for a period to be
determined by the Court.
13. The Municipality of the District of Guysborough By-law entitled 'Noise By-law" is hereby
repealed and replaced by this By-law.
Date of First Reading
September 14, 2011
Date of Advertisement of Notice of Intent to Consider
October 5, 2011
Date of Second Reading
October 26, 2011
Date of Advertisement of By-law Passage and Approval:
January 11, 2012
Date of Mailing Certified Copy to SNSMR
January 12, 2011
I certify that this Noise Control By-law was adopted by Council and published as indicated
above.
__________________________________
Municipal Clerk*
__________________
Date
APPENDIX A
"A-weighting" is the frequency weighting characteristic as specified in IEC 123 or IEC 179 and
intended to approximate the relative sensitivity of the normal human ear to different frequencies
(pitches) of sound.
The "A-weighted sound pressure level" is the sound pressure level modified by application of the
A-weighting. It is measured in A-weighted decibels, denoted dBA.
FORM A
NOISE BY-LAW EXEMPTION APPLICATION
Name of Applicant:
Address:
Telephone:
Name of Person Overseeing Event & Telephone:
What group, club, organization or society is involved?
About the Activity:
Where:
When: a) Date(s)
From:
To:
b) Time(s)
From:
To:
What type of sound system is expected to be used?
Will efforts be made to curb the noise level?
Have/will surrounding property owners be contacted to apprise them of this activity and to solicit
their acceptance?
Why is this activity being held?
Is there somewhere else the activity could be held?
For Internal Use Only:
Police Comments:
CAO Decision:
This application must be submitted to the municipal office at least thirty (30) days prior to the
proposed event.