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|Copyright © 1998: City of St. John's,|
St. John's, Newfoundland, Canada
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Pursuant to the powers vested in it under the City of St. John’s Act, RSNL 1990 c.C-17, as amended, a Memorandum of Agreement between the City of St. John’s and the Royal Newfoundland Constabulary, and all other powers enabling it, the City of St. John’s enacts the following by-law relating to the regulation of noise.
ST. JOHN’S NOISE BY-LAW
1. This By-Law may be cited as the “St. John’s Noise By-Law”.
2. In this By-Law
(a) "Engine Brake" means a device used in a truck or truck tractor to slow or brake the said vehicles by means of closing the exhaust valves on the engines of the said vehicles, or other similar devices. (Amended 2003/04/14; #1460)
(b) “Permitted Use” has the same meaning as in the St. John’s Land Use Zoning and Subdivision Regulations;
(c) “Point of Reception” means any exterior point on the property of a person where sound, originating from other property, is received;
(d) “Residential Use” has the same meaning as in the St. John’s Land Use Zoning and Subdivision Regulations;
(e) “Residential Zone” means a zone as established in the St. John’s Land Use Zoning and Subdivision Regulations in which a Residential Use is a Permitted Use; and
(f) “Special Event” has the same meaning as in the City of St. John’s Special Events Policy.
3. No person shall emit or cause or permit the emission of sound resulting from an act listed herein, and which sound is clearly audible at a Point of Reception:
(1) The operation of any electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electro-mechanical transducers, and intended for the production, reproduction or amplification of sound.
(2) The operation of an engine or motor in, or on, any motor vehicle or item of attached auxiliary equipment for such continuous period exceeding twenty (20) minutes, while such vehicle is stationary in a Residential Zone unless;
(i) operation of such motor or engine is essential to a basic function of the vehicle or equipment, but not limited to, operation of ready-mixed concrete trucks; or
(ii) weather conditions justify the use of heating or refrigerating systems powered by the motor or engine for the safety and welfare of the operator, passengers or animals, or the preservation of perishable cargo, and the vehicle is stationary for the purposes of delivery or loading.
(3) The detonation of fireworks or explosive devices not used in construction, unless authorized by the Office of the Fire Commissioner and the St. John’s Regional Fire Department.
(4) Loading, unloading, delivering, packing, unpacking or otherwise handling any containers, products, materials, or refuse, whatsoever, unless necessary for the maintenance of essential services or the moving of private household effects between 11:00 p.m. and 7:00 a.m daily in, or within 100 metres of, a Residential Zone.
(5) The operation of any equipment in connection with construction between 11:00 p.m. and 7:00 a.m. daily in, or within 100 metres of, a Residential Zone.
(6) The operation or use of any tool for domestic purposes other than snow removal between 11:00 p.m. and 7:00 a.m. daily.
(7) The operation of solid waste bulk lift or refuse compacting equipment between 11:00 p.m. and 7:00 a.m. daily in, or within 100 metres of, a Residential Zone.
3.1 No person shall, except in the case of an emergency, use an Engine Brake of any kind to slow or stop a motor vehicle. (Amended 2003/04/14; #1460)
4. Notwithstanding any other provision of this By-Law, it shall be lawful to emit or cause or permit the emission of sound or vibration in connection with emergency measures undertaken:
(a) for the immediate health, safety or welfare of the inhabitants of any of them: or
(b) for the preservation or restoration of property, unless such sound or vibration is clearly of a longer duration or nature more disturbing than is reasonably necessary for the accomplishment of such emergency purpose.
5. (1) Notwithstanding anything contained in this By-Law, any person may make application to Council to be granted an exemption from any of the provisions of this By-Law with respect to any source of sound for which he might be prosecuted and Council, by resolution, may refuse to grant any exemption or may grant the exemption applied for or any exemption of lesser effect and any exemption granted shall specify the time period, not in excess of six months, during which it is effective and may contain such terms and conditions as Council sees fit.
(2) The application referred to in subsection (1) shall be made in writing and shall contain:
(a) the name and address of the applicant;
(b) a description of the source of sound in respect of which exemption is sought;
(c) a statement of the particular provision or provisions of the By-Law for which exemption is sought;
(d) the period of time, of a duration not in excess of six months, for which the exemption is sought;
(e) the reasons why the exemption should be granted; and
(f) a statement of the steps, if any, planned or presently being taken to bring about compliance with the By-Law.
(3) Council shall cause one copy of the application for exemption to be delivered to the Director of Building and Property Management and he shall prepare a report to Council forthwith, stating his opinion of the merits of the application and his recommendations as to terms and conditions which, in his opinion, should be imposed upon the applicant if the exemption is granted and Council will consider the application for exemption once it has received the report of the Director of Building and Property Management.
(4) In deciding whether to grant the exemption, Council shall consider the application, the report of the Director of Building and Property Management and any submission then received by Council and made by the applicant after receipt of the report of the Director of Building and Property Management and the Council may consider such other matters as it sees fit.
(5) Breach by the applicant of any of the terms or conditions of the exemption shall render the exemption null and void, and constitute a violation of this By-Law.
6. The provisions of this By-Law shall not apply to:
(a) Any member of the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police or the St. John’s Regional Fire Department or any employee of the City of St. John’s, while such member or employee is employed in the execution of his duties as a member or such Force or Department or as an employee of the City of St. John’s;
(b) A Special Event.
7. Any time in this By-Law shall mean Standard Time for the City of St. John’s or Daylight Saving Time, so called, when and during the period for which the same is in force.
8. If a court of competent jurisdiction should declare any section or part of a section of this By-Law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of the By-Law and it is hereby declared that the remainder of the By-Law shall be valid and shall remain in force.
9. Any person who contravenes the provisions of this By-Law shall be guilty of an offence and liable upon summary conviction to a penalty as provided for in Section 403 of the City of St. John’s Act, or where a violation notice is issued, to a penalty as provided for in Section 403.2 of the City of St. John’s Act. (Amended 11/05/2007; #1508)
10. The Noise By-Law passed by the City of St. John’s on January 24, 1979 and all amendments thereto is hereby repealed.