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TOY 22 - Noise Bylaw
Town of Yarmouth
NOISE CONTROL BYLAW
Effective: October 27th, 2021 - Amended: March 9th, 2023
TOY 22
WHEREAS the Municipal Government Act authorizes Council under Section 172 (1) (d) of the Act to make
Bylaws respecting nuisances, including noise;
AND WHEREAS the Council of the Town of Yarmouth has deemed it expedient that such a Bylaw be now
enacted.
1.0
This Bylaw shall be known as the Noise Control Bylaw.
2.0
In this Bylaw:
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. "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.
"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 or in a dwelling unit as well as any other
person whom is present in, or on, the premises.
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. "Town" means the Town of Yarmouth.
f. "Peace Officer" means a member of the Royal Canadian Mounted Police, any Bylaw
Enforcement Officer or Constable employed by the Town, or any sworn member of a
municipal police service in the Province of Nova Scotia.
TOY 22 - Noise Bylaw
g. "Council" means the Council of the Town of Yarmouth.
3.0
No person in the Town shall make 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 measured no less than 30 meters from the source as follows:
TIME
NOISE LEVEL
6:00 am - 11:00 pm
65 dBA
11:00 pm - 6:00 am
55 dBA
4.0
No person in the Town shall make, cause or allow any noise, be it deliberate or unintentional,
which disturbs or tends to disturb the peace and tranquility of any person located within the
Town.
4.1
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 Town.
4.2
No person in the Town 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.
4.3
Subject to the other provisions in this Bylaw:
a. 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.
b. 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.
c. Motor vehicles must only use muffler and muffler components that are in keeping with
muffler equipment initially installed on new vehicles.
5.0
This Bylaw does not apply to the following:
a. Employees of the Town, the Province of Nova Scotia, the Government of Canada, Nova
Scotia Power Inc., Aliant Inc., Seaside Communications, Eastlink Cablevision, or any
contractors when employed and working for the Town, 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.
TOY 22 - Noise Bylaw
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.
6.0
Notwithstanding any other provisions of this Bylaw, 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 Town.
d. Agricultural activities carried on by a commercial farm operation.
7.0
An exemption from the application of this Bylaw 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 bylaw must be presented on Form "A" attached
to this Bylaw.
b. Notwithstanding anything contained in this Bylaw any person may make application to
the CAO to be granted an exemption from any of the provisions of this Bylaw 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
TOY 22 - Noise Bylaw
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:
i.
a refusal by the CAO to grant an exemption; or
ii.
the terms or conditions of an exemption granted by the CAO.
8.0
Any peace officer may enter upon or into private property for the purpose of inspection,
maintenance and enforcement of this Bylaw.
9.0
Every person who contravenes or fails to comply with any of the provisions of this bylaw shall be
liable to a penalty of $250.00 per occurrence.
10.0
Any police officer may choose to issue a Summary Offense Ticket to enforce this bylaw.
11.0
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.
12.0
The Town of Yarmouth's Bylaw entitled 'Bylaw No. 22 Noise Bylaw" is hereby repealed and
replaced by this Bylaw.
13.0
Fireworks
13.1
The use of consumer fireworks within the Town is banned, except on;
a. recognized religious holidays;
b. Canada Day;
c. New Year's Eve;
d. Natal Day; and
e. the Seafest Parade of Lights
13.2
Signage is required to be displayed at retail displays of fireworks informing consumers of the ban.
Clerk's Annotation for Official Bylaw Book
Date of Adoption: October 14th, 2021
Date of Approval of Amended Bylaw: June 9th, 2022
Date of Approval of Amended Bylaw: March 9th, 2023
I certify that this 'Noise Bylaw' was adopted by Council as indicated above.
Town Clerk: Date:
TOY 22 - Noise Bylaw
Adopted
Date of First Reading
September 9th, 2021
Notice of Intent to Consider
September 22nd & 29th, 2021
Date of Second Reading
October 14th, 2021
Date of Publication
October 27th, 2021
Amended
Date of First Reading
May 12th, 2022
Notice of Intent to Consider
May 25th & June 1st, 2022
Date of Second Reading
June 9th, 2022
Date of Publication
June 22nd, 2022
Amended
Date of First Reading
February 9th, 2023
Notice of Intent to Consider
February 22nd, 2023
Date of Second Reading
March 9th, 2023
Date of Publication
March 22nd, 2023
TOY 22 - Noise Bylaw
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.
TOY 22 - Noise Bylaw
FORM A
NOISE BYLAW 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.