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BE IT RESOLVED that this By-law, known as the Noise Control By-law for the Town of Stellarton be enacted effective this 9th day of March, 2020.
## TITLE
1. This By-Law may be cited as the "Noise Control By-Law".
## DEFINITIONS AND INTERPRETATION
2. In this By-Law, where abbreviation or technical standard is used but not defined specifically or by a context, it shall be interpreted by reference to the definitions and Technical Standards last published by the Canadian Standards Association (CSA), or the American National Standards Institute (ANSI), as applicable.
3. In this By-Law:
- a) "An Approved Sound Meter" means an instrument to measure levels of sound pressure and includes sound meter Type 2;
- b) "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 related work, but does not include blasting;
- c) "Council" means the Council of the Town of Stellarton;
- d) "Daytime" means, unless otherwise provided in this By-Law, from seven ơ'clock in the morning (07:00 hours) to ten ơ'clock in the evening (22:00 hours) any day of the week;
- e) "dBA" means the sound pressure level and decibels measured using the A Weighting Network Setting of An Approved Sound Meter;
- f) "Dwelling Unit" means self-contained living quarters fit for occupancy that are accessible from a private entrance and have kitchen and bathroom facilities that are not shared with occupants of other Dwelling Unit(s);
- g) "Emergency Response Personnel" includes police, fire departments or brigades, registered emergency service providers, search and rescue personnel, provincial, regional or municipal Emergency Measures Organizations, ambulance or emergency health service providers, and includes volunteer or military personnel responding to an apparent condition of emergency;
- h) "Highway" and "Roadway" are as defined in the Motor Vehicle Act, R.S. c. 293 of the Province of Nova Scotia or successor legislation as may be enacted from time to time;
11. "Industry" means any existing industrial body corporate that is located in an Industrial Zone as defined by the Town of Stellarton Land Use By-law;
- i) "Nighttime" means any time not included in the definition of Daytime;
- j) "Peace Officer" means a member of the Provincial Police as defined in the Police Act, SNS 2004, c. 31;
- k) "Person" includes a body corporate or politic, or party, including a citizen, owner or occupier of property;
- I) "Policy Officer" means any employee of the Town or other employee in connection with the Town charged with enforcement of the policies or ByLaws of the Town, including, without limitation, a By-Law enforcement officer;
16. "Property" means the subject land including, without limitation, any buildings, outbuildings or structures located thereon;
- o) "Proscribed Industry Emissions" are sustained and steady emissions of noise from faulty equipment that can reasonably be expected to be improved;
- p) "Town" means the Town of Stellarton; and
- q) "Vehicle" includes a vehicle or a motor vehicle as defined in the Motor Vehicle Act, R.S. c. 293 of the Province of Nova Scotia or successor legislation as may be enacted from time to time, an Off-Highway Vehicle as defined in
the Off-Highway Vehicles By-Law of the Town of Stellarton or the OffHighway Vehicles Act, R.S.N.S., 1989, c.323.
## APPLICATION
4. This By-Law is enacted pursuant to Section 172 of the Municipal Government Act, S.N.S. 1998, c. 18.
5. This By-Law applies to sound or noise reproduced, amplified, emitted or transmitted within the Town.
6. This By-Law is intended to add to, and not to conflict with or subtract from, the requirements contained in valid provincial or federal legislation and regulations in force from time to time and shall be interpreted accordingly.
## GENERAL
## Specific Prohibitions
7. Subject to other provision herein, no Person shall:
- a) operate 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;
- b) being the owner of or having the care of a dog or other animal, allow persistent barking, howling or other persistent noise-making by a dog or other animal;
- c) discharge or cause or permit to be discharged the exhaust of any steam engine, stationary internal combustion engine or motor boat except via a muffler or other device that effectively prevents noise exceeding the dBA quantifications set out in Section 8 herein;
- d) operate or cause or permit to be operated blowers, power fans or internal combustion engines, the operation of which causes noise due to the explosion of gases or fluids, unless such noise is muffled and such engine is equipped with a muffler device that effectively prevents noise exceeding the dBA quantifications set out in Section 8 herein;
- e) while on a Property cause or permit any loud and unnecessary noise by fighting, screaming, shouting, swearing, singing or using insulting or obscene language, such noise which may be heard on or in any Highway, Roadway, Property or Dwelling Unit, other than the Dwelling Unit in which such noise is generated;
- f) operate an engine or motor in, or on, any Vehicle or item of attached auxiliary equipment for a continuous period exceeding five minutes unless:
8. the original equipment manufacturer specifically recommends a longer idling period for normal and efficient operation of the motor in which case such recommended period shall not be exceeded;
- ii. operation of such engine or motor is essential to a basic function of the Vehicle or equipment, including but not limited to, operation of readymixed concrete trucks, lift platforms and refuse compactors;
10. 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;
- iv. prevailing low temperatures make longer idling periods necessary immediately after starting the motor or engine;
- v. 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;
g) operate any item of Construction equipment in a residential area without effective muffling devices in good working order and in constant operation.
## Decibel Quantification
8. Subject to other provision herein, no Person shall reproduce, amplify, emit or transmit a sound or noise or cause a sound or noise to be reproduced, amplified, emitted or transmitted in the following instances:
- a) during the Daytime, when measured at a distance of not less than one hundred (100) feet from the source of the sound or noise or one hundred (100) feet from the boundary of the property from which the sound or noise is emanating, a sound or noise greater than seventy-five decibels (75dBA);
- b) during the Nighttime, when measured at a distance of not less than one hundred (100) feet from the source of the sound or noise or one hundred (100) feet from the boundary of the property from which the sound or noise is emanating, a sound or noise greater than sixty-five decibels (65dBA).
## Nuisance
9. Subject to sections 8 and 10 through 20 herein, no Person shall reproduce, amplify, emit or transmit a sound or noise or cause a sound or noise to be reproduced, amplified, emitted or transmitted that unreasonably disturbs a neighbour or neighbours or otherwise disturbs the peace and tranquility of a neighbourhood.
## MUFFLERS
10. No Person shall reproduce, amplify, emit or transmit a sound or noise from a Vehicle muffler or cause a sound or noise to be reproduced, amplified, emitted or transmitted from a Vehicle muffler in the following instances:
- a) when measured at a distance of twenty (20) inches from the exhaust outlet, a sound or noise greater than ninety-two decibels (92dBA), while the engine is idling and
- b) when measured at a distance of twenty (20) inches from the exhaust outlet, a sound or noise greater than one hundred decibels (100dBA), while the engine is at any speed greater than idle.
## INDUSTRY
11. No Industry, or Person associated therewith, shall reproduce, amplify, emit or transmit Proscribed Industry Emissions, or cause to be reproduced, amplified, emitted or transmitted Proscribed Industry Emissions, and excepting such Proscribed Industry Emissions, Industry shall be exempt from noise control.
## GENERAL EXEMPTIONS
12. This By-Law does not apply to the following:
- a) Employees or agents of the Town, the Province of Nova Scotia, the Government of Canada, Nova Scotia Power Limited or public utilities as defined by the Public Utilities Act, R.S.N.S. 1989, c. 380 while performing their duties;
- b) Sound or noise emitted by machine or equipment when used under the provisions of 12(a);
- c) A Person or a corporation, or an agent or employee of such Person or corporation reasonably performing work at the request of any party described in 12(a);
- d) Sound or noise emitted by machine or equipment used in snow removal or snow clearing operations;
- e) Sound or noise emitted by Emergency Response Personnel;
- f) Sound or noise in relation to athletic, recreation, or school activities, in playing fields, courts, school grounds, which occur during the Daytime;
- g) Sound or noise in relation to religious activities which occur during the Daytime;
- h) Construction between the hours of 07:00 hours and 20:00 hours for which a building permit has been issued by the Town of Stellarton or their agent;
- i) Agricultural activities carried out on a farm operation;
- j) Federally regulated road or marine transportation services;
- k) Parades, processions, demonstrations, community-sponsored festivals, jubilees, events or activities for which a permit has been issued by the Town or for which permission has been given by the Town; and
- 1) Solid Waste Service providers to the Commercial Businesses specified below (Sub-section 1.2 to 1.12) who require access between the hours of 05:30 hours and 07:00 hours due to traffic concerns and accessibility under the provisions of Section 13:
14. 1.1.1. Tim Hortons Foord St.
15. 1.1.2. Stellarton Town Hall/Fire Department
16. 1.1.3. Sobeys Head Office Foord St. & King St.
17. 1.1.4. Sobeys Fast Fuel (2) Foord St.
18. 1.1.5. NSCC Pictou Campus
19. 1.1.6. NSLC Foord Street
20. 1.1.7. Sobeys Grocery Foord St.
21. 1.1.8. Wholesale Club Foord St.
22. 1.1.9.A-1 Pizza Lawrence Blvd.
23. 1.1.10. Holiday Inn Lawrence Blvd.
24. 1.1.11. Anchor Motors Lawrence Blvd.
- m) Any other events or services for which a grant of exemption has been issued pursuant to this By-law, or which are listed by policy per the Town of Stellarton Sound or Noise Exemptions - Noise Control By-law Policy.
## GRANTS OF EXEMPTION BY COUNCIL
13. Any Person may make application to Council, by written application to the Clerk, to be granted exemption from any of the provisions of this By-Law with respect to the emission of sound or noise from an Industrial, institutional, commercial or community activity for which emission of such sound or noise would otherwise contravene the provisions of this By-Law;
14. Council, by resolution, may refuse to grant the exemption, or may grant the exemption to full effect, or may grant an exemption of lesser or partial effect;
15. Any exemptions so granted shall:
- a) specify a time period of not greater than five (5) years during which the exemption shall be effective:
- i. be confirmed in writing by the Clerk before taking effect; and
- ii. include terms and conditions as Council deems appropriate.
- b) In relation to exemption applications pursuant to section 13 of this By-Law, Council shall consider:
- i. any social or economic benefit of the proposed activity to the Town;
- ii. the volume, nature, duration and consistency of sound or noise emission from the proposed activity;
- ili. the proximity and nature of abutting or adjacent land uses;
- iv. the hours of operation of the proposed activity; and
- v. balancing of the applicant interests against any negative effect resulting from the proposed exemption.
16. Application for an exemption for an activity of less than seven (7) days duration does not require a public hearing pursuant to this section or notice pursuant to section 17, but all other renewals or exemptions, or amendments expanding the scope of an exemption, shall only be granted after a public hearing at which Council shall give the applicant and any Person interested in the application an opportunity to be heard.
17. Ten (10) days notice of the time, date and purpose of the public hearing pursuant to section 16 shall be mailed to the applicant and to the assessed owner or owners as shown on the records of the Assessment Office of each property which contains a building located within one hundred (100) meters of the property which will be the subject of the hearing, excepting where the
15. exemption is sought for an outdoor event not conducted at a fixed location, wherein notice may be given by advertisement in the local newspaper.
18. Any public hearing pursuant to this Part shall insofar as practicable be carried out in accordance with municipal legislation.
19. ied out in accordance with municipal legislation.
20. Any contravention of the terms and conditions of an exemption shall constitute a contravention of this By-Law. In addition to the application of the Offence Enforcement and Penalty provisions of this By-Law, the Clerk may, upon a charge alleging contravention of this By-Law, and without a hearing, suspend an exemption for a period of up to thirty (30) days pending a review by Council of the exemption.
21. An exemption shall be reviewable by Council at any time upon ten (10) days notice to the Person or entity exempted, and Council may revoke, suspend or restrict the exemption, with or without cause.
## OFFENCE ENFORCEMENT AND PENALTY
22. No Person shall contravene or fail to comply with any provision of this By-Law.
23. This By-Law may be enforced, at the discretion of the Town, by any Peace Officer or Policy Officer, in accordance with the procedures set out in the Municipal Government Act or by means of a Summary Offence Ticket under the Municipal Government Act or Summary Proceedings Act.
24. The Summary Proceedings Act, where applicable, shall apply to proceedings under this By-Law.
25. Except as otherwise provided in this By-Law, any Person who violates any of the provisions of the By-Law or who suffers or permits any act or thing to be done in contravention of this By-Law, or who refuses, omits, fails to comply with or neglects to fulfill, observe, carry out or perform any duty or obligation imposed by this By-Law, shall be liable upon summary conviction:
- a) for the first offence to a penalty of not less than One Hundred Dollars ($100.00) and of not more than Ten Thousand Dollars ($10,000.00) or imprisonment for a period of not more than six (6) months or both;
- b) for the second offence to a penalty of not less than Three Hundred Dollars ($300.00) and of not more than Ten Thousand Dollars ($10,000.00) or imprisonment for a period of not more than six (6) months or both;
- c) for the third or subsequent offence to a penalty of not less than Five Hundred Dollars ($500.00) and of not more than Ten Thousand Dollars ($10,000.00) or imprisonment for a period of not more than six (6) months or both.
## 26. Schedules - Exempt Events and Services
Without limiting exemptions detailed in the Town of Stellarton Noise Control ByLaw or obtained pursuant to the Grants of Exemption by Council provisions therein, the sound or noise control provisions of this By-Law shall not apply to Industrial, institutional, commercial or community activity prescribed hereinafter:
1. Stellarton Homecoming, held during (five) 5 days in July of each year;
2. Emergency services undertaken for the immediate safety of any Person;
3. Construction Activities between the hours of 07:00 hours and 20:00 hours for which a building permit has been issued by the Town of Stellarton or agent therefor;
4. NS Spirit Co. - an extension of daytime noise levels to 24:00 hours one night in July and one night in August.
## REPEAL
27. The Town of Stellarton Noise By-Law dated the 30th day of October 1981 and any amendments thereto is hereby repealed.
## CLERK ANNOTATION
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Date of First Reading: February 10, 2020
Date of advertisement of Notice of Intent to Consider: February 20,2020
Date of Second Reading:
March 9, 2020
Date of advertisement of Passage of By-Law: March 19, 2020
Amendment fist reading: May 13, 2024
Date of Advertisement of Notice of Intent to consider: May 22, 2024
Public Hearing: June 10, 2024
Date of Second Reading: June 10, 2024
I certify that the above NOISE CONTROL BY-LAW was duly adopted by Stellarton Town Council at duly called meetings and was published as indicated above.
Chief Administrative Officer