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MUNICIPALITY
OF THE DISTRICT OF YARMOUTH
This by-law, know as the "Noise By-Law" N-050-03 is enacted by the Municipality of the District
of Yarmouth under authority vested in the Municipal Government Act, and is intended to
establish acceptable standards for noise so as to encourage respect for others' privacy and
their right for enjoyment of property and life.
1.
No person shall produce, 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)
If, between the hours of seven o'clock in the afternoon and seven o'clock in the
forenoon of the following day, the equivalent sound level reproduced, amplified, emitted
or transmitted, when measured at a distance of not less than 100 feet from the source
sound or noise is greater than sixty-five decibels (65dBA);
(b)
If, between the hours of seven o'clock in the forenoon and seven o'clock of the
same afternoon, the equivalent sound level reproduced, amplified, emitted or
transmitted, when measured at a distance of not less than100 feet from the source of
the sound or noise, is greater than seventy five decibels (75dBA).
2.
No person shall operate, or cause to be operated a public address system,
phonographs, gramophones,
radios, or other device or apparatus, whether operated
electrically, mechanically
or in any other way whatsoever, whether moveable or
stationary, which reproduces, amplifies, emits, or transmits sounds which are capable of
being heard in any street or public place or in any building used wholly or in part as a
dwelling, other than the place in which phonograph, gramophone,
radio, or other device
or apparatus in question is located.
3.
(a) Notwithstanding
Section One and Two of this by-law, upon application to the
CAO, the CAO may grant a temporary license to a person for the operation of a
public address system, phonograph, gramophone,
radio, and other devices or
apparatus whether operated electrically, mechanically or in any other way
whatsoever, whether moveable or stationary which reproduces, amplifies, emits,
or transmits sounds which are capable of being heard on any street or public
place or in any buildings used wholly or in part as a dwelling, other than the
dwelling in which they are located.
(b) Such temporary license may be granted subject to such terms and conditions
relating to the volume of sound or noise to be reproduced by such
apparatus or
device, and further subject to such periods of time as are set forth in the license, as
defined in Section 1 (a) and (b)
(c) No license shall authorize, or be deemed to authorize the reproducing, amplifying,
emitting, or transmitting of sounds or noises contrary to sections one and two of this
by-law between the hours of seven o'clock in the afternoon and seven o'clock of the
next succeeding forenoon.
Noise By-Law N-050-03
1
MUNICIPALITY
OF THE DISTRICT OF YARMOUTH
4.
Notwithstanding
Section Two of this by-law, it shall not be an offense to reproduce,
amplify, emit or transmit a sound or noise in the following instances:
(a)
If the sound or noise is created by a parade, procession, demonstration
or event
for which a permit has been issued by the Municipality of Yarmouth;
(b)
If the sound or noise is created by a person to whom a license has been issued
under this by-law, so long as the sound or noise is reproduced, amplified, emitted or
transmitted in accordance with the terms and conditions contained in the license.;
(c)
If the sound or noise is created by a police vehicle, fire department vehicle,
ambulance, or any public service or emergency vehicle, while the said vehicle is
answering an emergency call.
5.
Every person who reproduces, amplifies, emits, or transmits a sound or noise, contrary
to the provisions of this by-law, or who causes a noise or sound to be reproduced,
amplified, emitted or transmitted contrary to the provisions of this bylaw, is guilty of an
offense and, upon conviction, subject to a penalty of not less than one hundred dollars.
($100.00), and not exceeding one thousand dollars ($1,000.00), and in default of
payment of penalty to imprisonment for not more than thirty (30) days. Each event that
constitutes a violation of this by-law is a separate offence; and if a violation is a
continuing one, each day during which it continues constitutes a separate offence.
6.
Penalties
Any person who has contravened
this by-law and where notice so provides may pay a
penalty in the amount of $50.00 dollars (first offence, $100.00
dollars for a
second
offence, and $150.00 dollars for subsequent
offences)
to the office of the Municipality
of Yarmouth
provided that said payment is made within a period of fourteen (14) days
from the date of the notice and where
the said notice so provides
for a voluntary
payment,
said
payment
shall
be in full satisfaction,
releasing
and discharging
all
penalties incurred by the person for said violation
in accordance
with the Payment In
Lieu of Prosecution
Policy, P-082-02.
Noise By-Law N-050-03
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MUNICIPALITY OF THE DISTRICT OF YARMOUTH
CAO's Annotation
For Official By-Law Book
Date of first reading: August 13, 2009
Date of advertisement
of Notice of Intent to Consider: September
8,2009
Date of second reading: September
23, 2009
*Date of advertisement
of Passage of By-Law:October
6, 2009
Date of mailing to Minister a certified copy of By-Law: October 6, 2009
I certify that thi
POLICY was adopted by Council and published as
indica ed ab
e.
CAO
Date
Noise By-Law N-050-03
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