The Council of the Municipality of Grand Bay-Westfield under authority vested in it by Section 11 of the Municipalities Act, R.S.N.B. 1973, c.M-22 and amendments thereto enacts as follows:
1. This by-law may be cited as the Noise By-Law.
2. In this by-law:
a) “noise” means any noise or sound of such volume or nature which causes or is likely to cause annoyance to or disturb any resident or residents, or which causes or is likely to cause a public disturbance, including but not limited to noise caused by shouting, singing, whistling, music, motor vehicles including motorcycles and motor bikes, snowmobiles, pneumatic hammers, construction equipment and machinery
b) “Town” means Town of Grand Bay-Westfield;
c) “Peace Officer” means
i) a member of the Royal Canadian Mounted Police;
ii) a Police Officer appointed under section 10, 11 or 17.3 of the Police Act;
d) “resident” means a land owner or tenant of property within the boundary of the Town;
e) “contractor” means any person or persons whose services are engaged by the Town by means of a contract in writing to carry out some work or perform some action on behalf of the Town;
f) “Registry Office” means Land Registry Office in and for the County of Kings.
3. No person shall make or permit to be made any noise, as defined in this by-law within the Town.
4. This by-law shall apply between the hours of 8:00 o’clock in the evening and 7:00 o’clock the following morning.
5. In addition to section 4, this by-law shall also apply to noise caused by pneumatic hammers, construction equipment and machinery, and vehicles of business or trade between the hours of 7:00 a.m. and 8:00 p.m. on a Sunday.
6. This by-law shall not apply to, contractors or employees of the Town while in the course of their duties, snow removal equipment, authorized emergency vehicles and emergency equipment.
7. Every person who violates any provision of this by-law is guilty of an offence and liable to a minimum fine of seventy dollars ($70.00) and a maximum fine of five hundred dollars ($500.00) as established under a category “C” offence and in default of payment thereof, to prosecution in accordance with the provisions of the Provincial Offences Procedure Act.
8. This by-law shall be enforced by a Peace Officer employed by the Town, in accordance with the provisions of the Provincial Offences Procedure Act.
9. A person who has committed a violation of any of the provisions of this by-law, other than failure to comply with a Judge’s Order, may at the discretion of the Peace Officer, pay the minimum fine prescribed and upon such payment, the person committing the violation is not to be prosecuted or further prosecuted therefor.
10. This by-law comes into effect on the date of filing in the Registry Office.
11. By-Law No. 6, a By-Law of the Municipality of Grand Bay Respecting Disturbance by Noise and Amendments thereto are hereby repealed.
FIRST READING BY TITLE on this 23 day of September, 2002.
SECOND READING BY TITLE on this 23 day of September, 2002.
RESOLUTION TO DECLARE AN EMERGENCY on this 23 day of September, 2002
THIRD READING AND ENACTMENT on this 23 day of September, 2002.
Sandra Gautreau – Manager (Clerk)
Grace Losier – Mayor