This is the exact embedded text of the captured official document.
Snapshot 7acc805945a8 · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE MUNICIPALITY
IA MUNICIPALITE
OF THE COUNIY OF
DU COMTE DE
RICHMOND
BY-LAW #65
MUNICIPALITY OF THE COUNTY OF RICHMOND
NOISE CONTROL BY-LAW
The Council of the Municipality of the County of Richmond under the authority vested in
it by the Municipal Government Act, Section 172 (1) (d) does hereby enact as follows:
1. This Bylaw shall be known as the Noise Control By-law.
2. This By-law shall apply within the boundaries of the Municipality of Richmond.
3. In this Bylaw:
3.1 "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.
3.2 "Occupier" means:
(a) A person who is in possession of dwelling unit, or
(b) A person who has responsibility and control over the condition of dwelling unit
or the activities there carried on. Notwithstanding that there is more than one
occupier of the same dwelling unit.
3.3 "Sound System" shall include a public address system, phonograph, gramophone,
radio, cassette tape 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.
3.4 "Municipality" means the Municipality of the County of Richmond.
11 Page
This electronic version of this By-law is provided by the Clerk of the Municipality of the County of Richmond for your convenience and personal
use only. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult the Clerk's office.
THE MUNICIPALITY
LA MUNICIPALITE
OF THE COUNIY OF
DU COMTE DE
RICHMOND
4. No person shall engage in any activity, between the hours of 12 AM (midnight)
and 7 AM which disturbs or tends to disturb the peace and tranquility of a
neighbourhood to which this bylaw applies.
4.1 Without limiting the generality of Subsection (1 ), no person 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.
4.2 Without limiting the generality of Subsection (1 ), no person shall by
(a) fighting
(b) screaming
(c) shouting, or
(d) singing;
cause any loud and unnecessary noise, the sounds of which are heard on anothe,r
property or at a boundary line of the other property, or in a dwelling unit other than the
dwelling unit in which the noise is generated.
4.3 In a prosecution for a violation of the Bylaw, evidence that one person(s) is
disturbed or offended is prima facie evidence that the public or the neighbourhood is
disturbed or offended.
5. No occupier shall allow or permit to occur in the dwelling unit of which that
person(s) is the occupier, any activity prohibited by Section 4 above.
5.1 It is a defense to a charge under this section that there was another occupier who
had a greater right of possession or greater responsibility and control over the dwelling
unit in question at the time of the prohibited activity.
6. This By-Law does not apply to the following:
6.1 Employees of the Municipality of Richmond, the Government of Canada, the
Province of Nova Scotia, Nova Scotia Power or Telecommunications companies when .
those employees are acting in the reasonable execution of their duties;
6.2 Noises emitted by machinery or equipment when used under the provisions of (1)
above,
6.3 A person or a corporation, or an employee of such persons or corporation,
reasonably performing work at the request of any party described in (1) above;
21 Page
THE MUNICIPALITY
LA MUNICIPALITE
OF THE COUNIY OF
DU COMTE DE
RICHMOND
6.4 Noise emitted by machinery or equipment used in snow removal and snow clearing
operations to provide safe and unimpeded access to and from health care and health
service facilities, where the responsible health care provider has concluded that such
operations must be carried out at that time.
6.5 Noises in connection with athletic, recreational or school activities in arenas, playing
fields, courts, school grounds or in park areas between the hours of 7 a.m. and 12 a.m .
. (midnight)
6.6 Noises in relation to religious activities, including but not limited to, amplified sound
played within one hour of a church service, which occur between the hours of 7 a.m.
and 12 a.m. (midnight)
· 6. 7 Noises in relation to parades, street dances, or other community activities between
the hours of 7 a.m. and 12 a.m. (midnight) subject to permission having been granted
under Section 8 of this By-Law;
6.8 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;
6.8-1 The regulation, registration, licensing or identification of vehicles, or the use of the
highway by such vehicles, both categories of which are within the jurisdiction of the
Motor Vehicle Act.
7. Notwithstanding any other provision of this By-Law, it is lawful to emit or cause
or permit the emission of noise in connection with:
7.1 Emergency measures undertaken for the immediate health, safety and welfare, or
any of them, of the inhabitants of the Municipality;
7.2 Emergency measures undertaken for the preservation of property;
7.3 Construction activities between the hours of 7 a.m. and 8 p.m. for which a Building
Permit has been issued by the Municipality;
7.4 Agricultural activities carried on by a farm operation.
8. An exemption from the application of this bylaw may be considered or may not
be considered by Municipal Council as it deems appropriate prior to the
contemplated activity commencing. In those cases where an exemption is to be
considered the following terms shall apply:
8.1 Notwithstanding anything contained in this Bylaw, any person may make
3I Page
THE MUNICIPALTTY
LA MUNICIPAI.ITE
OF THE COUNIY OF
DU COMTE DE
RICHMOND
application to Municipal 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. (Form A must be used. Attached)
Municipal Council 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 Council deems appropriate.
8.2 In deciding whether or not to grant an exemption, the Council shall give
consideration to the social or commercial benefit of the proposed activity, the views of
any residents which may be expressed concerning the request, 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.
8.3 In those cases where an exemption is granted, the Council may revoke the
exemption if it believes that a breach of same has occurred.
8.4 Any alleged breach by the applicant of any of the terms or conditions of any
exemption granted by the Council shall be investigated by staff and reported to the
Council in writing. The Council shall determine whether or not a breach has taken place
and where it determines that a breach has taken place as much as five (5) days may be
allowed for ceasing the activity.
9. Every person who contravenes any of the provisions of the By-Law is guilty of
an offence and shall, on summary conviction be liable to. a fine of not less than
fifty dollars ($50.00) and not more than two hundred dollars ($200.00), and in
default of payment to imprisonment for a period not exceeding sixty (60) days.
By Law #65 replaces By-Law #8, Mischiefs and Nuisances By-Law and all other
versions or By-Law #65 - Noise By-Law.
I, YVONNE BOUDREAU, Municipal Clerk of the Municipality of Richmond County, hereby certify that the
above noted by-law was passed at a meeting of the Richmond County Municipal Council on November
25, 2019.
~~~
YVONNE BOUDREAU
41 Page
THE MUNICIPALTTY
LA MUNICIPALITE
OF THE COUNlY OF
DU COMTE DE
RICHMOND
Municipal Clerk
Noise Control (#65) By-Law Adoption
First Reading:
Notice of Publication:
Second Reading and Enactment:
October 28, 2019
September 23, 2019
November 25, 2019
December 4, 2019
Final Publication:
Notice to Service Nova Scotia & Municipal Relations:
December 5, 2019
Version Number
2
1
SI Page
Amendment Description
-
Amend Section 4 change to "between the
hours of 12 AM (midnight) to 7 AM"
-
Section 6.6 - "Noises in relation to religious
activities, including but not limited to,
amplified sound played within one hour of a
church service, which occur between the
hours of 7 a.m. and 12 a.m. (midnight);
-
Section 7 .3 - Construction activities between
the hours of 7 a.m. and 8 p.m. for which a
Building Permit has been issued by the
Municipality.
By-Law #65, "Noise Control By-Law" replaced the
·epealed by-law #8, "Mischiefs and Nuisances By-Law".
Council Approval
Date
November 25, 2019
March 25, 2019
THE MUNICIPALITY
LA MUNICIPALITE
OF THE COUNlY OF
DU COMTE DE
·RICHMOND
Form "A"
Municipality of Richmond County - Noise Bylaw Exemption
Application*
Name of Applicant: ________________ _
Address:
Telephone#: __________________ _
Name and Phone # of Person Overseeing Event:
What group, club, association or society is involved?
THE ACTIVITY ITSELF
Where: -----------------------
When
(a) Date(s) From: ________ _
·ro: -------
(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 the activity being held? ______________ _
Is there somewhere else the activity could be held? _· _______ _
6I Page
THE MUNICIPALITY
LA MUNICIPALITE
OF THE COUNlY OF
DU COMTE DE
RICHMOND
FOR INTERNAL USE
POLICE COMMENTS
COUNCIL DECISION
* This application must be submitted to the Municipal Office at least thirty
(30) days prior to the proposed event
71 Page