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Office Consolidation
Noise By-law 93-84
(as amended by By-laws 225-84, 41-95, 253-98, 202-2006, 188-2014)
To prohibit and regulate noise
and to repeal By-law 15-75
WHEREAS the Municipal Act (R.S.O. 1980, c.320, as amended) provides that by
laws may be passed by the councils of local municipalities for prohibiting or
regulating, within the municipality or within any defined area or areas thereof, the
ringing of bells, the blowing of horns, shouting and unusual noises, or noises likely
to disturb inhabitants;
NOW THEREFORE the Council of The Corporation of the City of Brampton
ENACTS as follows:
1.
Except as permitted by section 4, a person shall not, within the City of
Brampton, make, create, cause, or cause or permit to be made, noises likely
to disturb the inhabitants.
2.
Except as permitted by section 4, a person shall not, within the City of
Brampton, make, create, cause, or cause or permit to be made, unusual
noises.
3.
Except as permitted by section 4, a person shall not, within the City of
Brampton, shout, ring any bell, blow or sound any horn, or cause or permit
the ringing of bells or the blowing of horns.
4.
The following sounds and noises are specifically permitted by this by-law,
and the presence of these sounds and noises is not to be considered a
contravention of this by-law:
(1)
the sounding or ringing of church bells and chimes,
Office Consolidation - Noise By-law 93-84 - Page 1 of 4
(2)
the sound of any bell, horn, siren or other signal device from a vehicle
when required or permitted by law,
(3)
in the areas which are designated for primarily agricultural uses by the
Official Plan or by a zoning by-law (but not within any hamlets and
villages which may be so designated), the sound of any animal or bird
(225-84),
(4)
the blowing of any steam or air whistle attached to or used in
connection with any stationery boiler or other machine or mechanism,
when giving notice to workers of the time to commence or cease work,
or warning of danger,
(5)
the sound from any apparatus or mechanism used in a reasonable
manner for the amplification of the human voice, music, or the sound
from any other sound-producing or sound-reproducing instrument or
apparatus, by a local organization where funds are being raised for
charitable purposes, or in connection with any public election meeting,
or for any public celebration or other gathering for which written
permission has been obtained from the City,
(6)
the sound of any military or other band, or of any parade, for which
written permission has been obtained from the City,
(7)
the sound of any newsboy, pedlar, hawker or tradesman plying his
calling legitimately and moderately,
(8)
any sound arising from the operation of any railway or from any plant
or work in connection with any such railway,
(9)
any sound from the operation of the Salvation Army as heretofore
carried on,
(10) any sound arising from road work and road improvements undertaken
by or on behalf of the Ministry of Transportation (Ontario) or the
Region of Peel (202-2006).
4.1
Sections 1, 2 and 3 of this By-law shall not apply to a person who emits or
causes or permits to be emitted any noise or vibration for which:
(a)
an Environmental Compliance Approval, Amended Environmental
Compliance Approval, Certificate of Approval or Amended Certificate of
Approval has been obtained from the Province of Ontario's Ministry of the
Office Consolidation - Noise By-law 93-84 - Page 2 of 4
Environment that specifically applies to the plant, structure, equipment,
apparatus, mechanism or thing that is emitting the noise or vibration; and,
(b)
the plant, structure, equipment, apparatus, mechanism or thing that is
emitting the noise or vibration is being operated in compliance with the
Environmental Compliance Approval, Amended Environmental
Compliance Approval, Certificate of Approval or Amended Certificate of
Approval.
(By-law 188-2014)
4.2
(1)
The Chief of Planning and Infrastructure Services, or designate is
delegated the authority to grant an exemption to sections 1, 2 and 3 of this
By-law subject to the following conditions:
(a)
a complete application in writing has been received for the
exemption;
(b)
receipt of written confirmation that all property owners within a 500
metre radius of the point from which the noise or vibration will be
emitted have been notified in a form and manner satisfactory to the
Chief of Planning and Infrastructure Services, or designate;
(c)
receipt of the name and contact information for a contact person(s)
that will be available during all normal business hours and at all
times while the noise and vibration is being emitted to address any
concerns raised by persons within the area where the noise or
vibration is heard or felt; and,
(d)
any other condition, including daily hours of operation and duration
of the exemption, that the Chief of Planning and Infrastructure
Services, or designate believes is reasonable given the location of
the point from which the noise or vibration will be emitted and the
surrounding land uses.
(2)
In addition to subsection (1), the Chief of Planning and Infrastructure
Services, or designate may refuse an application for an exemption that
does not meet the conditions and may reconsider a refusal if further
information is provided by the applicant that would meet the conditions.
(3)
Council is of the opinion that the delegation under subsections (1) and (2)
are minor in nature.
(4)
An application for an exemption shall be made in writing and contain the
following information:
(a)
the name and address of the applicant;
Office Consolidation - Noise By-law 93-84 - Page 3 of 4
(b)
a description of the source of the source of the noise or vibration in
respect of which an exemption is being sought;
(c)
the daily hours of operation and the duration of time for which the
exemption is being sought;
(d)
a copy of the public notice or notification plan required under
subsection 4.2 (1) (b);
(e)
the information regarding the contact person required under
subsection 4.2 (1) (c); and,
(f)
any other reasonable information that the Chief of Planning and
Infrastructure Services, or designate may consider appropriate.
(5)
The Chief of Planning and Infrastructure Services, or designate shall
prescribe all forms and notices necessary to implement exemptions under
this by-law and may amend such forms and notices from time to time as
he or she deems necessary.
(By-law 188-2014)
5.
Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to a fine as provided for in the Provincial
Offences Act (253-98).
6.
By-law 15-75 is hereby repealed.
Read a First, Second and Third Time and Passed in Open Council this 25th day of April, 1984.
THE CORPORATION OF THE CITY OF BRAMPTON
Original Signed by: Kenneth G. Whillans, Mayor
Original Signed by:
Ralph A. Everett, Clerk
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