This is the exact embedded text of the captured official document.
Snapshot f1d6670125aa · verified 2026-06-10 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
This is an office consolidation of By-Law 108-22 and amendments thereto. For accurate
reference you should consult the original by-laws that are retained by the Clerk
BY-LAW NUMBER 108-22
- of -
THE CORPORATION OF THE COUNTY OF BRANT (As amended by
By-law #63-25)
A By-law to Control Noise
WHEREAS it is recognized that people will be exposed to Noise in the course of their daily
lives;
AND WHEREAS it is recognized that people have a right to and should be provided, to the
extent possible, an environment free from unusual, unnecessary or excessive Noise which
may unreasonably degrade the quality and tranquility of their life or cause a nuisance;
AND WHEREAS Council is authorized by Sections 10(2),128 and 129 of the Municipal Act,
2001, S.O. 2001, c. 25, as amended, to enact by-laws for prohibiting or regulating noises
that are likely to disturb, cause a nuisance, or affect the health and general well-being of the
inhabitants of the Municipality;
AND WHEREAS, a local municipality may prohibit the matters described in clause 129 (a)
of the Municipal Act, 2001, S.O. c. 25, unless a permit is obtained from the municipality for
those matters and may impose conditions for obtaining, continuing to hold and renewing the
permit, including requiring the submission of plans.
AND WHEREAS, subsection 391(1) of the Municipal Act, 2001, S.O. c. 25, provides that a
municipality may impose fees and charges on persons,
(a) for services or activities provided or done by or on behalf of it;
(b) for costs payable by it for services or activities provided or done by or on behalf of any
other municipality or any local board; and
(c) for the use of its property including property under its control.
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
COUNTY OF BRANT ENACTS AS FOLLOWS:
1. Definitions
In this By-law, all italicized words shall have specified meanings and, where those meanings
are determined by reference to a specific zoning category, said reference shall be deemed to
include any and all site-specific amendments that fall under such category in the referenced
zoning by-laws and any successor by-law, and those specified meanings are as follows:
a) "Agricultural Zone" means a zone identified as an Agricultural Zone in the County of Brant Zoning By-
Law;
By-Law 108-22 (as amended by 63-25)
Page 2
b) "Amusement" as referenced in Schedule C does not include a Motorized Conveyance.
c) "Clerk" means the Director of Council Services/Clerk, for the Corporation of the County of Brant.
d) "Construction" includes erection, alteration, repair, dismantling, demolition, structural
maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of
pipe and conduit whether above or below ground level, street and Highway building, concreting,
equipment installation and alteration and the structural installation of Construction components
and materials in any form or for any purpose, and includes any work in connection therewith;
e) "Conveyance" includes a vehicle and any other device employed to transport a person or
persons or goods from place to place but does not include any such device or vehicle if operated
only within a building;
f) "Council" means the Council of the Corporation of the County of Brant;
g) "dBA" means the sound level in decibels obtained when using a sound level meter with the A-
weighting;
h) "Effective Muffling Device" means a muffler in good working order and in constant operation to
prevent excessive or unusual Noise or excessive smoke but does not include a cut-out muffler,
straight exhaust gutted muffler, Hollywood muffler, by-pass, aftermarket exhaust or other similar
device utilized to enhance rather than muffle the sound of a motor vehicle engine.
i) "Heavy Equipment" means any equipment, tool or device designed or capable of use in
Construction or demolition, automotive repair or material handling, including but not limited to, air
compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators,
trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-Highway haulers or trucks,
ditchers, compactors and rollers, pumps, concrete mixers, graders, or other material handling
equipment;
j) "Highway" includes a common and public Highway, street, avenue, parkway, driveway, square,
place, bridge, viaduct or trestle designed and intended for, or used by, the general public for the
passage of vehicles;
k) "Institutional Zone" means a zone identified as an Institutional Zone in the County of Brant
Zoning By-Law
l) "Motor Vehicle" includes an automobile, motorcycle, and any other vehicle propelled or driven
otherwise than by muscular power; but does not include the cars of electric or steam railways, or
other Motor Vehicle running only upon rails, or a motorized snow vehicle, traction engine farm
tractor, self-propelled implement of husbandry or road-building machine within the meaning of
the Highway Traffic Act, R.S.O. 1990, c. H8, as amended;
m) "Motorized Conveyance" means a Conveyance propelled or driven otherwise than by muscular,
gravitational or wind power;
By-Law 108-22 (as amended by 63-25)
Page 3
n) "Municipality" means the land within the geographic limits of the Corporation of the County of
Brant;
o) "Noise" means an unwanted sound likely to disturb;
p) "Point of Reception" means any point on the premises of a person where sound originating from
other than those premises is received;
q) "Residential Use" includes a house trailer, or a habitable room located in a building or structure
that is used by one or more persons for sleeping purposes and which contains, within the same
building, sanitary or food preparation facilities for the use of the occupants;
r) "Residential Zone" means a zone identified as Residential Zone in the County of Brant Zoning
By-Law;
s) "Recreation" means an activity engaged in for entertainment, sport or amusement;
t) "Sound Level Meter" means an instrument which is sensitive to and calibrated for the
measurement of sound.
2. General Prohibition
No person shall emit, cause, suffer or permit the emission of Noise resulting from an act
listed in Schedule B to this by-law, which Noise is clearly audible at a Point of Reception.
3. Prohibition By Time And Place
(a)
No person shall emit, cause, suffer or permit the emission of Noise resulting from any act
listed in Column 1 of Schedule C to this by-law that is clearly audible at a Point of Reception
and during the prohibited times, both as indicated, in Columns 2 and 3 of Schedule C.
(b)
Interpretation of Schedule C
The examples contained in brackets in Column 1 of Schedule C are for the purpose of
illustration and convenience only and do not form part of this By-law.
4. Most Restrictive Deemed to Apply
Where a Noise could be construed to be controlled under both section 2 and section 3 of this
By-law, the most restrictive provision shall apply.
By-Law 108-22 (as amended by 63-25)
Page 4
EXEMPTIONS
5. Public Safety
The provisions of Section 2 and 3 do not apply to the emission of Noise in connection with
emergency measures undertaken:
(a)
for the immediate health, safety or welfare of the inhabitants; or
(b)
for the preservation or restoration of property unless such Noise emission is of a longer duration,
or a nature more disturbing, than is reasonably necessary for the accomplishment of such
emergency purpose.
6. Exemption of Certain Activities
(a)
Notwithstanding any other provision of this By-law, this By-law does not apply to a person
who emits, causes or permits the emission of Noise in connection with any of the special
events or activities of a limited duration listed in Schedule D.
(b)
Relief from certain provisions of this By-law may be granted for a film project carried on
in accordance with an approved and valid Film Permit or Film Location Agreement
issued under the County of Brant Film Policy.
7. Granting of Exemption by the Clerk
(a)
Upon receipt of a written application, the Clerk may grant an exemption to provisions of the
By-law for a specified period of time, not to exceed six (6) months, subject to such terms and
conditions as deemed advisable.
(b)
The application shall be in the form provided and shall include:
(i)
the name and address of the applicant;
(ii)
a description of the source of the sound in respect of which an exemption is
being sought;
(iii)
a statement of the section of the by-law from which exemption is sought;
(iv)
the period of time and location for which the exemption is being sought;
(v)
the reasons why an exemption is being sought;
(c)
Such application shall be accompanied by proof of publication, at a minimum of forty-five (45)
days prior to the event, in a newspaper of general circulation within the applicable service
area of the County of Brant, of a notice of intention to apply for an exemption to this by-law,
containing the information required by Clauses (i) through (v) hereof, and stating the date
upon which the application to the Clerk is intended to be made.
By-Law 108-22 (as amended by 63-25)
Page 5
(d)
A copy of the application shall be provided to the Municipal Law Enforcement
Officer who may conduct a site inspection and prepare comments for the Clerk which
also may include details of any complaint history or corrective measures taken to date.
(e)
Written submissions/objections must be received no later than ten (10) days after publication.
(f)
In deciding whether to grant the exemption, the Clerk will review the application, the
prepared comments and any written submissions.
(g)
The Clerk may impose terms or condition on any application.
(h)
Applications may be referred to Council for consideration.
(i)
Where an exemption is granted, any breach of the terms or conditions renders the exemption null
and void.
8. Severability
If any section or sections of this By-law or parts thereof shall be found by any Court to be
invalid or beyond the power of Council to enact, such section or sections or parts thereof
shall be deemed to be severable and all other sections or parts of this By-law shall be
deemed to be separate and independent therefrom and continue in full force and effect
unless and until similarly found and this By-law shall be enacted as such.
9. Enforcement & Penalty
(a)
Municipal Law Enforcement Officers employed by the County of Brant and Police Officers
who are members of the Ontario Provincial Police are hereby authorized to enforce this By-
Law.
(b)
Any person who contravenes any of the provisions of this By-law is guilty of an offence and is
subject to the penalty provisions of the Provincial Offences Act, R.S.O. 1990, c. P33, as
amended as well as section 429 of the Municipal Act.
(c)
Where the circumstances constituting an offence under this By-law continue for a period
exceeding one half hour (30 minutes), the offence shall be deemed to have been repeated for
each incremental one-half hour (30 minute) period and shall constitute a separate offence.
10.
Interpretation
This By-law shall be read with all changes to number and gender required by the context.
11.
Headings
The headings contained in the body of this By-law do not form part of the By-law but are
inserted for convenience of reference only.
By-Law 108-22 (as amended by 63-25)
Page 6
12.
Schedules
Schedules B, C, and D, attached to this By-law form part thereof.
13.
Short Title
The short title of this By-law is the "Noise Control By-law"
14.
Repeal
By-law #185-00 as amended is hereby repealed upon this By-law coming into force and
effect.
15.
Effective Date
This By-law comes into force and effect upon being finally passed.
READ a first and second time, this 27th day of September 2022
READ a third time and finally passed in Council, this 27th day of September 2022.
THE CORPORATION OF THE COUNTY OF BRANT
_
David Bailey, Mayor
_
Alysha Dyjach, Clerk
BY-LAW NUMBER 108-22
SCHEDULE B
Noise - General Prohibitions
1.
The operation of any motor vehicle, combustion engine, or pneumatic device without an
Effective Muffling Device.
2.
The persistent barking, calling or whining or other persistent Noise making by any domestic
pet or any other animal kept or used for any purpose other than agriculture.
3.
The operation of any Motor Vehicle on a highway if the motor vehicle is emitting a sound
from the exhaust outlet exceeding 92 dBA as measured by means of a Sound Level Meter
set to slow time weighting, while the engine is at idle.
4.
The operation of any Motor Vehicle engine for a continuous period exceeding five minutes,
while such vehicle is stationary unless:
(a)
the original manufacturer, in the applicable circumstance, specifically recommends a
longer idling period for the normal and efficient operation of the vehicle and the
recommended period has not been exceeded; or
(b)
the idling of the Motor Vehicle engine is necessary to perform a basic function of the
vehicle, including but not limited to, the operation of ready-mixed concrete trucks, lift
platforms or refuse compactors and the performance of this basic function is in
compliance with this by-law; or
(c)
the idling of the Motor Vehicle engine is for the purpose of cleaning and flushing the
radiator and associated circulation system for seasonal change of antifreeze, cleaning
of the fuel system, carburetor or the like, provided the Motor Vehicle engine remains
idling only for the period of time that the work is being performed and the work is being
performed other than for profit or barter; or
(d)
the idling of the Motor Vehicle engine is necessary to operate the heating or
refrigeration equipment that protects the safety and welfare of the occupants or
preserves perishable cargo and the Motor Vehicle engine remains operating only for
the period of time that the vehicle is being actively loaded or unloaded in compliance
with this by-law
5.
The operation of any refrigeration unit on a Motor Vehicle or trailer for a continuous period
exceeding 5 minutes, while the Motor Vehicle or trailer is stationary, unless said Motor
Vehicle or trailer is being actively loaded or unloaded in compliance with this by-law.
BY-LAW NUMBER 108-22
SCHEDULE B
Noise - General Prohibitions
6.
(a) The Noise from or created by any radio, compact disc player, stereo, P.A. system or any
musical or sound producing instrument or device when the Noise is from a source other than
a commercial establishment or a public or municipal hall and the device is played in such
manner or with such volume as to annoy or disturb any person at a Point of Reception.
(b) Despite section 6(a) of Schedule B, where the device or instrument as described above is
located in a commercial establishment or public or municipal hall, the provisions of Schedule
C apply.
7.
The discharge of firearms except when discharged for legal hunting, an agricultural purpose,
or at an approved firearms firing range.
8.
The operation of any motorized conveyance, at any time, for a period of time exceeding five
minutes in any given hour, except where the operation is for a purpose other than recreation
or except as otherwise permitted in clause 4, of Schedule "B" of this By-law
BY-LAW NUMBER 108-22
SCHEDULE C
Prohibitions by Time and Place
COLUMN 1
Activity Creating Noise
PROHIBITED TIMES
COLUMN 2
COLUMN 3
POINT OF RECEPTION
RESIDENTIAL ZONE OR
RESIDENTIAL USE IN
INSTITUTIONAL ZONE
POINT OF RECEPTION
RESIDENTIAL USE IN ANY
OTHER ZONE
1.
Operation of Heavy
Equipment
Mon-Sat 12:00 midnight-7:00 am
7:00 pm-12:00 midnight
Sun/Stat
all day
Mon-Sat 12:00 midnight-7:00 am
7:00 pm-12:00 midnight
Sun/Stat
all day
2.
Auditory signaling
devices (bells, horns,
sirens) except those
activated when
required by law
Mon-Sat 12:00 midnight-7:00 am
9:00 pm-12:00 midnight
Sun/Stat 12:00 midnight-10:00 am
5:00 pm-12:00 midnight
Mon-Sat 12:00 midnight-6:00 am
9:00 pm-12:00 midnight
Sun/Stat 12:00 midnight-10:00 am
5:00 pm-12:00 midnight
3.
Outdoor paging
systems for industrial,
commercial,
agricultural purposes
Mon-Sat 12:00 midnight-7:00 am
9:00 pm-12:00 midnight
Sun/Stat 12:00 midnight-10:00 am
5:00 pm-12:00 midnight
Mon-Sat 12:00 midnight-6:00 am
9:00 pm-12:00 midnight
Sun/Stat 12:00 midnight-10:00 am
5:00 pm-12:00 midnight
4.
Loading, unloading,
delivering, packing,
otherwise handling
containers, products,
materials, refuse
Mon-Sat 12:00 midnight-7:00 am
9:00 pm-12:00 midnight
Sun/Stat 12:00 midnight-10:00 am
5:00 pm-12:00 midnight
Mon-Sat 12:00 midnight-6:00 am
9:00 pm-12:00 midnight
Sun/Stat 12:00 midnight-10:00 am
5:00 pm-12:00 midnight
5.
Powered rail cars on
property not owned by
railway governed by
Canada Railway Act
(industrial rail siding)
Mon-Sat 12:00 midnight-7:00 am
9:00 pm-12:00 midnight
Sun/Stat 12:00 midnight-10:00 am
5:00 pm-12:00 midnight
Mon-Sat 12:00 midnight-6:00 am
9:00 pm-12:00 midnight
Sun/Stat 12:00 midnight-10:00 am
5:00 pm-12:00 midnight
6.
Commercial or
industrial operational
Noises which are
permitted to escape
through open doors,
windows or apertures
Mon-Sat 12:00 midnight-7:00 am
9:00 pm-12:00 midnight
Sun
12:00 midnight-9:00 am
9:00 pm-12:00 midnight
Mon-Sat 12:00 midnight-6:00 am
9:00 pm-12:00 midnight
Sun
12:00 midnight-9:00 am
9:00 pm-12:00 midnight
BY-LAW NUMBER 108-22
SCHEDULE C
Prohibitions by Time and Place
7.
Model airplanes or
other Amusements
using combustion
engines
Mon-Sat 12:00 midnight-7:00 am
9:00 pm-12:00 midnight
Sun
12:00 midnight-9:00 am
9:00 pm-12:00 midnight
Mon-Sat 12:00 midnight-7:00 am
9:00 pm-12:00 midnight
Sun
12:00 midnight-9:00 am
9:00 pm-12:00 midnight
8.
Detonation of fireworks
in compliance with the
Fireworks By-law
Mon-Sat 12:00 midnight-7:00 am
11:00 pm-12:00 midnight
Sun
12:00 midnight-9:00 am
11:00 pm-12:00 midnight
Mon-Sat 12:00 midnight-7:00 am
11:00 pm-12:00 midnight
Sun
12:00 midnight-9:00 am
11:00 pm-12:00 midnight
9.
Motorized
Conveyances when
operating other than
on a Highway
Mon-Sat 12:00 midnight-7:00 am
11:00 pm-12:00 midnight
Sun
12:00 midnight-9:00 am
11:00 pm-12:00 midnight
Mon-Sat 12:00 midnight-7:00 am
11:00 pm-12:00 midnight
Sun
12:00 midnight-9:00 am
11:00 pm-12:00 midnight
10.
Operation of motorized
or non-motorized tools
Mon-Sat 12:00 midnight-7:00 am
11:00 pm-12:00 midnight
Sun
12:00 midnight-9:00 am
11:00 pm-12:00 midnight
Mon-Sat 12:00 midnight-7:00 am
11:00 pm-12:00 midnight
Sun
12:00 midnight-9:00 am
11:00 pm-12:00 midnight
11.
Yelling, shouting,
whistling, singing,
hooting
Mon-Sat 12:00 midnight-7:00 am
11:00 pm-12:00 midnight
Sun
12:00 midnight-9:00 am
11:00 pm-12:00 midnight
Mon-Sat 12:00 midnight-7:00 am
11:00 pm-12:00 midnight
Sun
12:00 midnight-9:00 am
11:00 pm-12:00 midnight
12.
Any radio, compact
disc player, stereo,
P.A. system or any
musical or sound
producing instrument
or device in a
commercial
establishment, or
public or municipal hall
Mon-Thurs -12 midnight-7:00 am
Mon-Thurs - 11:00 pm -12
midnight
Fri-Sat
12:00 midnight-7:00 am
Sun
12:00 midnight-10:00 am
11:00 pm-12:00 midnight
Mon-Thurs 11:00 pm - 12 midnight
Fri-Sat
12:00 midnight-7:00 am
Sun
12:00 midnight 10:00
am
11:00 pm-12:00 midnight
BY-LAW NUMBER 108-22
SCHEDULE D
Exemptions of Certain Activities
1. Any parade authorized by Council.
2. Use of bells or chimes normally associated with religious and social activities.
3. Any carnival, midway, circus, sporting event, recreational, musical, entertainment, festival or other
event authorized by Council.
4. Any sporting, recreational, musical, entertainment, festival, or other event or performance, in a
municipal park, on a municipal road, or any other place, provided the specific written permission of
Council has been obtained.
5. The detonation of fireworks authorized by the Fire Chief.
6. Normal farming operations as governed by the Farming and Food Production and Promotion Act.
7. Authorized non -emergency work carried out by or on behalf of the County of Brant or Brant
County Power, unless such Noise emission is of a longer duration, or a nature more disturbing,
than is reasonably necessary.
8. Annual fall fairs operated by an Agricultural Society on property owned by an Agricultural Society.
9. Motorcycle events authorized by the Paris Agricultural Society and operated at the Paris
Fairgrounds, subject to the time restrictions provided for in item 9 of Schedule C to this by-law.