HomeMy Public PortalAbout750-24 Sussex Nuisance By-lawSUSSEX
NUISANCE BY-LAW
BY-LAW # 750-24
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The Council of Sussex, under authority vested in it by Section 10(1) (c of the Local
Governance Act of the Province of New Brunswick, c.18, enacts as follows:
1. TITLE
1. This by-law may be cited as "Nuisance By -Law".
2. The provisions of this by-law apply to the entire area within the limits
of Sussex.
2. DEFINITIONS
In this by-law:
1. "Ambient Sound Level" means the Sound Level measured by a Tester
at a Point of Reception, which excludes the noise generated by an
activity with respect to which a complaint about noise has been made;
2. "Building Inspector" means the Building Inspector of Sussex;
3. "By -Law Enforcement Officer" means a person appointed by Council
to enforce the regulation of this by-law;
4. "Commercial Development" means any land which is the site of any
development other than a Residential Building or lands designated as
one of the following Land Uses as defined under the Sussex Zoning By-
law.
(a). INST, F, P, A, IL, IM, CBD, SMC, and HC.
(b). Any other Land Designation which allows commercial uses.
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5. "Community Services Director" means the Community Services
Director of Sussex;
6. "Continuous Sound" means any Sound Level that occurs;
(a). for a continuous duration of more than 3 minutes; or
(b). sporadically for a total of more than three (3) minutes, in any
continuous fifteen (15) minute period.
7. "Non -continuous Sound" means any Sound Level that is not a
Continuous Sound measured by a Sound Level Meter.
8. "Council" means the Mayor and Councillors of Sussex;
9. " Daytime" means the period:
(a). Beginning at 0700 Hours and ending at 2200 Hours of the same
day on Weekdays; or
(b). Beginning at 0900 Hours and ending at 2200 Hours of the same
day on a Weekend.
2. "dBB(A)" means the sound pressure measured in decibels using the "A"
weighted scale of a sound level meter.
3. "decibel" means a unit for expressing the relative intensity of sounds
on a scale from zero for the average least perceptible sound to
approximately 130 for the average pain level.
4. "dwelling" means:
(a) the whole or any part of a building or structure that is kept or
occupied as a permanent or temporary residence and includes an
apartment and a motel or hotel room,
(b) a unit that is designed to be mobile and to be used as a permanent
or temporary residence and that is being used as such a residence;
5. "group" means three or more persons;
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6. "Loitering" means any person in a public place, alone or in a group,
without due justification
7. "Lea" means the equivalent continuous Sound Level over periods of
time as specified in this By-law at a specified location as measured by a
Sound Level Meter.
8. "motor- vehicle" means every vehicle that is self-propelled and
includes a motorcycle, motor -driven cycle and snowmobile;
9. "Nighttime" means any period beginning at 2200 Hours and ending the
following day at:
(a), 0700 Hours if the following day is a Weekday; or
(b). 0900 Hours if the following day is a Weekend.
10. "noise" means any sound that is reasonably likely to disturb the peace
of others.
11. "Outdoor Speaker System" means any sound amplification device that
converts electrical impulse into sound, whether the device is
independent or incorporated into a radio, stereo, television, public
address or other system, which is used for general listening purposes
and positioned:
(a). outside a building;
(b). Inside a building and within two (2) meters of any opening in the
building including a window or doorway, where it is directed
outside of the building; or
(c). Ina tent.
12. "place of worship" is a specially designed structure or consecrated
space where individuals or a group of people such as a congregation
come to perform acts of devotion, veneration, or religious study.
13. "Police Officer" means:
(a). a member of the Royal Canadian Mounted Police,
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(b). a police officer appointed under Section 10, 11 or 17.3 of the
Police Act,
(c).
an auxiliary police officer or an auxiliary police constable,
appointed under Section 13 of the Police Act, when accompanied
by or under the supervision of a member of the Royal Canadian
Mounted Police;
14. "Public address system" means any system of loud speakers,
amplifiers, microphones or reproducers or any combination of any
such equipment used in the reproduction or amplification of music,
speech or other sounds when used for communication or otherwise
addressing or entertaining a person or persons;
15, "Public place" means any land, street or building belonging to Sussex.
16. "Point of Reception" means any location at the place of work or
residence where the noise or sound levels are heard by a complainant,
as determined by the Tester to be appropriate in each circumstance;
17. "Residential Development" means any land which is the site of a
Residential Building and is designated as one of the following Land
Uses as defined under the Sussex Zoning By-law.
(a). R1, R2, R3, R4 and GB
(b). Any other Land Designation which allows residential uses.
18. "Residential Building" means a structure that contains one or more
dwelling units including a house. Multi -family dwelling, housing
project, apartment building, lodging house, dormitory, senior's citizen
complex or hospital.
19. "sound level meter" means a device used to measure sound pressure
which meets the National Standards Institute SI.4-1983 (R2006), or the
International Ilectro-Technical Council Standard No. 123 or the British
Standard No. 3539 Part 1., or the USA Standard SI.4-1961.
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20. "tester" means an Officer or individual authorized by Town of Sussex
and is trained in the operation of a Sound Level Meter as defined in this
By-law.
21. "Town" means Sussex;
22. "Town Clerk" means the Town Clerk of Sussex.
23. "Weekday" means Monday through Friday, inclusive unless it falls on a
holiday, as defined in the Days of Rest Act (S.N.B. 1985, c. D-4.2).
24. "Weekend" means Saturday and Sunday and any other holiday, as
defined in the Days of Rest Act (S.N.B. 1985, c. D-4.2).
3. GENERAL PROVISIONS
Within Sussex no person during the times set forth herein shall emit or cause
or permit the emission of sound or sounds resulting from an act which is
likely to cause a nuisance or otherwise disturb the peace and tranquility of
the inhabitants of Sussex such as:
1. the unnecessary revving of a motor vehicle engine at any time;
2. the running of a motor vehicle engine except for a short warm up or
cool down period and such period shall not exceed one-half Ph) hour
in duration;
3. the blowing of a motor vehicle horn, at anytime, except when required
or authorized by law or in accordance with good safety practices;
4. the screeching or squealing of tires of any motor vehicle, at anytime;
5. 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, at anytime;
6. the operation of any item of construction equipment without an
effective muffling device in good working order and in constant
operation, at any time;
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7, the operation of domestic outdoor power tools, with the exception of
domestic snow -blowers or snow throwers, between 2200 hours and
0700 hours;
8. the operation of construction equipment between 2200 hours and
0700 hours save and exempt the operation of construction equipment
for the installation of municipal services;
9. the operation of a public address system for the purpose of advertising
or for gain or otherwise within 190 metres of any public hospital at
anytime or during school hours within 95 metres of any school;
10. the carrying out of any works in connection with the construction, re-
construction, alteration or repairing of any building or structure or of
any excavation or excavation works with any mechanical device
without permission, in writing, from the Building Inspector, between
2200 hours and 0700 hours; and
11. the operation or permitting the operation of racing competitions
between motorcycles or motor vehicles anywhere within Sussex shall
not be permitted.
4. PUBLIC DISTURBANCE
1. No person shall use or permit a radio, television, phonograph, piano or
other musical instrument or public address system to be used with
such degree in loudness so as to disturb the peace and comfort of the
neighborhood or any person in any dwelling, apartment house or other
type of dwelling.
2. No person shall coast, slide or skate on a skateboard or scooter, engage
in in -line skating or use any other such device on a sidewalk in Sussex.
3. No person shall stand or sit in a group on a street or sidewalk within
Sussex in a manner as to impede or obstruct vehicular or pedestrian
traffic.
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4. No person shall make or cause, or permit to be made or caused, any
noise which disturbs or tends to disturb the quiet, peace, rest,
enjoyment comfort, or convenience of persons in the vicinity.
5. No person shall own or harbor any animal or bird which, by its
frequent calls, cries, barks, or other noise whatsoever, disturbs or
tends to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of persons in the vicinity.
6. Except as otherwise herein provided, No owner or occupier of real
property shall allow such real property to be used so that noise which
emanates there from, disturbs or tends to disturb the quiet, peace, rest,
enjoyment, comfort, or convenience of persons in the neighborhood or
vicinity of the real property between the hours of 2200 and 0700
Monday through Friday and between the hours of 0100 and 0700
Saturday and Sunday.
7 No person shall loiter unless such reason, when required to do so,
justifies his reason for doing so.
8. No person shall beg or solicit from door to door or in a public place.
5. CONTINUOUS SOUND IN RESIDENTIAL DEVELOPMENTS
1. No person shall cause or permit to be caused a Continuous Sound that
exceeds the greater of the following Sound Levels:
(a). 65 decibels (dBA) Leq measured over a one (1) hour period
during the Day -time; or
(b). 50 decibels (dBA) Leq measured over a one (1) hour period
during the Night-time;
at any Point of Reception within a Residential Development.
2. Notwithstanding Subsection (i), where the Ambient Sound Level for an
area is at or above the maximum allowable Daytime or Night-time
Sound Levels referred to in Subsection (i), measured over a one (1)
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hour period, a Sound Level must exceed 5 decibels (dBA) Leq over the
Ambient Sound Level before it becomes an offence.
6. CONTINOUS SOUND IN COMMERCIAL DEVELOPMENTS
1. No person shall cause or permit to be caused a Continuous Sound that
exceeds the greater of the following Sound Levels:
(a). 75 decibels (dBA) Leq measured over a one (1) hour period
during the Day -time; or
(b). 60 decibels (dBA) Leq measured over a one (1) hour period
during the Night-time;
at any Point of Reception within a Commercial Development.
2. Notwithstanding Subsection (i), where the Ambient Sound Level for an
area is at or above the maximum allowable Daytime or Night-time
Sound Levels referred to in Subsection (i), measured over a one (1)
hour period, a Sound Level must exceed 5 decibels (dBA) Leq over the
Ambient Sound Level before it becomes an offence.
7. NON - CONTINUOUS SOUND IN ANY DEVELOPMENT
1. No person shall cause or permit to be caused a Non -Continuous Sound
that exceeds:
(a), 85 decibels (dBA) Leq measured over a fifteen (15) minute period
during the Daytime; or
(b). 75 decibels (dBA) Leq measured over a fifteen (15) minute period
during the Nighttime;
at any Point of Reception within Any Development.
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8. OUTDOOR SPEAKER SYSTEMS
1. No person shall operate an Outdoor Speaker System on a parcel of land
where a property line of the parcel is within 150 meters of a
Residential Development parcel during the period beginning at 2000
hours and Ending at 0800 hours the following Day.
2. Notwithstanding Subsection (i), and Outdoor Speaker System must
comply with the Sound Levels established in this By-law.
9. EXEMPTIONS
The provisions of this by-law shall not apply to:
1, agents, servants or employees of Sussex who are engaged in the
reasonable execution of their duties in doing work which may be
described as essential or emergency in nature carried out at the
request Sussex;
2. noises in connection with athletic or recreational activities in
municipal park areas, arenas, community centres, carnivals or circuses
when authorized by the Community Services Director;
3. the emission of sound in places of worship.
4. the emission of sound in connection with any organized traditional,
festive or religious activity celebrating:
(a). Canada Day;
(b). New Year's Eve;
(c). religious holidays; or
(d). Remembrance Day;
5. the emission of sound in connection with calls to worship, ringing of
bells at places of religious worship, or services of religious worship;
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6. noises in relation to parades, street dances and other community
activities authorized by the Council or the Community Services
Director; and
7. noises caused by motor vehicles or equipment being used for
emergency purposes.
8. Any persons, association, organization, corporation, activities, events
that has obtained approval for an Exemption authorized by Council so
long as that person or party is acting within the terms and conditions
of such approval.
9. Pneumatic hammers, construction equipment and machinery, vehicles
of business and trade between the hours of 0700 to 2100, Monday
through Friday and between the hours of 0900 to 1700 Saturday and
Sunday.
10. APPLICATION FOR EXEMPTION
1. Notwithstanding any provision of this by-law, any person may apply to
Council to be granted an exemption from any provision of this by-law for
which that person might be prosecuted.
2. An application for exemption under this by-law shall be submitted in a
form set out in Schedule "A" hereto attached to this by-law.
3. An exemption of this by-law may be considered by Council as it deems
appropriate upon receiving an application for said exemption at least
thirty (30) days prior to the start of the event or activity.
4. In deciding whether or not to grant an exemption, Council shall give
consideration to the social or commercial benefit of the proposed
activity (to Sussex), the views of any resident of Sussex which may be
expressed to Council, the proposed hours of Operation of the proposed
activity, the proposed duration of the activity and the level of noise
anticipated to be generated by the activity.
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5. An exemption granted by Council shall be in writing, shall include such
terms and conditions as Council shall deem appropriate and shall specify
the time period during which the exemption shall be effective,
6. Any alleged breach of the terms and conditions of an exemption granted
by Council, by the applicant, shall be investigated by the By-law
enforcement officer and reported to Council in writing. Council may
revoke any exemption if Council believes that a breach of the terms and
conditions of the exemption has occurred.
11. PENALTIES
1. A Police Officer or By-law Enforcement Officer is hereby authorized to
enter on any property at all reasonable times for the purpose of
ascertaining whether the regulations of this by-law are being observed.
2. Every person who violates any provision of this by-law is guilty of an
offence and is liable to a fine of not less than One Hundred and Forty
Dollars ($140.00) and not more than Two Thousand and One Hundred
Dollars ($2,100.00).
3. Unless otherwise provided in this by-law, a Police Officer or the Town
Clerk may, either before or after the institution of proceedings against a
person in respect of an offence under this By-law, accept from the
person alleged to have been guilty of the offence, the payment of:
a. For a first offence, a sum equal to the minimum penalty prescribed
for such violation.
b. For the second offence a sum equal to twice the minimum penalty
prescribed for such violation; and,
c. For a third or subsequent offense, a sum equal to the maximum
penalty prescribed for such violations.
4. The person so accepting payment under this section shall forward such
payment to the Treasurer, together with a copy of the receipt delivered
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pursuant to subsection 11 ii) hereof or other record setting forth the
information required to be shown on the receipt;
5. A payment under subsection 11(ii) hereof shall constitute a full
satisfaction release and discharge of all penalties incurred by such a
person for such violation and for the purses hereof shall have the same
effect as if a judge had duly convicted the person of the violation for
which the amount was paid and a certificate purporting to be signed by
the Treasurer to the effect that the sum has been paid in respect to a
specific violation shall be prima facie evidence in all Courts of the
conviction.
6. If the voluntary payment set out in section 11(ii) above has not been
received on or before the date a charge pertaining to the offence has
been laid before the Provincial Court, the person charged with the
offence is, in accordance with the provisions of the Provincial Offences
Procedures Act, Category D liable on summary conviction to a fine not
less than One Hundred and Forty Dollars ($140.00) and not more than
Two Thousand and one Hundred Dollars ($2,100.00).
7. If any section, subsection, sentence, clause or phase of this By-law is for
any reason held to be invalid by the decision of the Court of competent
jurisdiction, this decision shall not affect the validity of the remaining
portions of the By -la
12, PLURAL OR FEMININE TERMS
1. "Plural or feminine terms" may apply whenever the singular, masculine
or feminine is used in this by-law. It shall be considered as if the plural,
feminine or masculine has been used where the context of the party or
parties hereto so requires.
13. VALIDITY
1. The invalidity of any section, clause, sentence or provision of this by-law
shall not affect the validity of any other section, clause, sentence or
provision of this by-law which can be given effect without such part or
parts.
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14. REPEAL
A by-law entitled "A By -Law Respecting Nuisances Within
The Town of Sussex, By -Law # 750-12" enacted on the 16th day of
March, 2015, and amendments thereto is hereby repealed.
2. A by-law entitled "A By -Law Respecting Loitering, Begging and.
Soliciting, By -Law #28" enacted on the 8th day of January, 1985, and
amendments thereto is hereby repealed.
A by-law entitled "A By -Law Related to the Prevention of Nuisance, By-
Law #41" enacted on the 8th day of January, 1985, and amendments
thereto is hereby repealed.
A by-law entitled "A By -Law Respecting Disturbance by Noise, By -Law
#29" enacted on the 6th day of August, 1991, and amendments thereto
is hereby repealed.
FIRST READING BY TITLE
SECOND READING BY TITLE
READ IN ENTIRETY
THIRD READING BY TITLE AND ENACTED
TOWN CLERK
February 20, 2024
February 20, 2024
March 18, 2024
March 18, 2024
MAYOR
SUSSEX
BY-LAW #750-24
SCHEDULE "A"
APPLICATION FOR EXEMPTION TO THE NOISE BYLAW
CONTACT INFORMATION
Name of Applicant:
Address:
Telephone: (home) (work)
Name of group/organization/
Club/society (if applicable):
ACTIVITY INFORMATION
Purpose of Activity:
Date(s) ofActivity:
Time(s) ofActivity: from: to:
Location of Activity:
Is there somewhere else the activity could be held?
Type of sound system to be used (if applicable):
Will efforts be made to curb the noise level? Yes (describe)
Have or will surrounding
property owners been contacted
to apprise them of this activity
and to solicit their approval?
FOR INTERNAL USE
EMC COMMENTS:
COUNCIL DECISION:
NOTE: This application must be submitted to the Town Office a minimum of
thirty (30) days prior to the proposed activity.