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TOWN OF STEWIACKE
BY-LAW NUMBER 2009 - 19
1. Short Title
This by-law may be cited as the "Noise By-law"
2. Definitions
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 related work, 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) "Council"
means the Town of Stewiacke Council;
d) "emergency response personnel"
includes police, fire departments or
brigades, registered emergency services providers, search and rescue
personnel, provincial, regional or municipal Emergency Measures
Organizations, ambulance or emergency health services providers and
includes volunteer or military personnel responding to an apparent
condition or emergency;
e) "motor vehicle"
includes an automobile, motorcycle and any other vehicle
propelled or driven otherwise than by muscular, gravitational or wind
power, except a motorized wheelchair, a vehicle running only upon rails, a
farm tractor or a self-propelled implement of husbandry, and an off-highway
vehicle as defined from time to time in the Off-Highway Vehicles Act;
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f) "point of reception"
means any point on the premises, where sound,
originating from other than premises, including other dwelling units, 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; and
h) "recreational vehicle"
means an off-highway vehicle as defined in the Off-
Highway Vehicles Act.
General Prohibition
3. No person shall engage in any activity that unreasonably disturbs or tends to
disturb the peace and tranquility of a neighbourhood.
4. Without limiting the generality of section 3, the activities listed in Schedule "A"
during the prohibited times as set out therein are deemed to be activities that
unreasonably disturb the peace and tranquility of a neighbourhood.
5. For the purpose of a prosecution pursuant to subsections (3) or (4), evidence
that one neighbour is unreasonably disturbed by a noise is prima facie
evidence that the neighbourhood is unreasonably disturbed by the noise.
Fixed Exemptions
6. This by-law does not apply to:
a) emergency response personnel engaged in the execution of their emergency
response duties; or
b) persons acting at the request of emergency response personnel during an
actual or apparent emergency condition.
And, without limiting the generality of the foregoing, noises caused by
emergency response vehicles and air ambulances are specifically exempt from
prosecution.
7. Notwithstanding any other provisions of this By-law, this By-law shall not
apply to:
a. the emission of sounds in connection with any organized traditional, festive
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or religious activity celebrating:
i.
Canada Day
ii.
New Year's Eve; or
iii.
Religious holidays;
b. The emission of sound in connection with calls to worship, ringing of bells
at places of religious worship, or services of religious worship;
c. Noise caused by the Town, the Government of Canada, the Province of Nova
Scotia, the Nova Scotia Power Corporation, and telecommunication
companies and their contractors and employees when acting in the
reasonable execution of their duties between 7:00 a.m. and 10:00 p.m. in
the day.
d. Noises in connection with organized athletic or recreational activities in
municipal or public park areas, arenas or community centre's between 5:00
a.m. and midnight;
e. Noises from the organized and scheduled activities and events of festivals,
parades, street dances, rallies or other community activities funded,
sponsored or licensed by the Federal, Provincial government or the Town;
f. Noises emitted by audible pedestrian signals;
g. Noises resulting from the operation of any refrigeration unit which is
attached to a refrigeration truck if the refrigeration truck is parked; and
h. Noises from the operation of off-highway vehicles.
Grant of Exemptions by Council
8. Any person may make application to Council to be granted an exception from
any of the provisions of this By-law with respect to the emission of noise from
an industrial, institutional, commercial or community activity for which that
person might otherwise be prosecuted. Council, by resolution, may refuse to
grant the exemption or may grant the exemption applied for or any exemption
of lesser effect. Any exemption so granted shall:
a. Specify a time period of not greater then 6 months during which the
exemption shall be effective;
b. shall be confirmed in writing before becoming effective; and
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c. shall include such terms and conditions as Council deems appropriate.
9. In deciding whether or not to grant an exemption under section 8 or in
determining terms or conditions of the exemption, Council shall give
consideration to:
a. the social or economic benefit of the proposed activity to the municipality;
b. the volume, nature, duration and consistency of noise emission from the
proposed activity;
c. the proximity and nature of abutting or adjacent land uses;
d. the hours of operation of the proposed activity; and
e. any other factor relevant to balancing the interests of the applicant in the
proposed activity against the interests of those persons who might be
disturbed by the proposed activity.
10. In deciding whether or not to grant an exemption, Council shall give the
applicant, and persons opposed to the application, an opportunity to be heard
during an open Council Session and may consider such other matters as it
deems appropriate.
11. 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 Assessment Office, of property located
within 150 meters of the property which will be the subject of the hearing.
12. Any contravention of the terms or conditions of an exemption granted
pursuant to section 8 shall constitute a contravention of this By-law. In
addition to any other available remedies for such contravention, the Chief
Administrative Officer may on reasonable and probable grounds, without a
hearing, suspend and exemption for a period of 30 days pending Council
review of the exemption.
13. Any exemption granted may be reviewed by Council at any time upon 7 days
notice to the person exempted, and Council is free to revoke, suspend or
restrict the exemption with or without cause having regard to the criteria set
forth in section 9, without giving notice to adjacent owners in accordance with
section 10.
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Penalty
14. Any person who contravenes any provision of this By-law is punishable on
summary conviction to a fine of not more than $5,000.00 or imprisonment of
not more than one year in default of payment thereof.
Payment in Lieu of Prosecution
15. Any person who is alleged to have violated this by-law and is given notice of
the alleged violation, may pay a penalty in the amount of $125.00 to an official
designated by the Chief Administrative Officer, provided the said payment is
made within a period of fourteen (14) days of the date of the notice and shall
thereby avoid prosecution for that contravention.
Annotations for Official Bylaw Book
Date of first reading: June 25, 2009
Date of advertisement of Notice of Intent to Consider: July 3, 2009
Date of second reading: August 20, 2009
Date of advertisement of Passage of By-law: September 19, 2009
Date of mailing to Minister a certified copy of By-law: September 21, 2009
I certify that this By-law to Repeal By-law was adopted by Council and published as
indicated above.
CAO / Clerk
Date
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Schedule " A "
Part 1:
Activities proscribed at all times
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,
clanging, squealing or other like sounds due to an improperly secured load or
equipment or inadequate maintenance;
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 discharge of firearms except when used as a signaling device in a sporting
competition;
6. The operation of a recreational vehicle within 100' of a residence except for
reason of operation for the purpose of parking or storage on one's own
property; and
7. the operation of any item of construction equipment in a residential area
without effective muffling devices in good working order and in constant
operation.
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Part 2:
Activities proscribed on a Monday, Tuesday, Wednesday or
Thursday before 6:00 a.m. or after 12:00 a.m.; on a Friday or Saturday before
7:00 a.m. and after 2:oo a.m. and on a Sunday, Statutory Holiday or
Remembrance Day, before 8:00 a.m. and after 12:00 a.m..
1. The operation, in the outdoors, of any power tool for domestic purposes other
than snow removal or gardening;
2. yelling, shouting, hooting, whistling, singing or playing musical instruments;
3. the loading or unloading of any containers, products, material or refuse with
the exception of private household effects; and
4. the operation of any public address system, television set, disc player, tape
deck 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.