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Consolidation Update: February 19, 2026
THE CORPORATION OF THE CITY OF BURLINGTON
By-law No. 19-2003
The Consolidated Noise and Nuisance By-Law
for the City of Burlington
OFFICE CONSOLIDATION
This By-Law is a consolidated version and includes amendments made by those
amending by-laws listed on the following page. This consolidation is prepared for
purposes of convenience only and is not the official or legal version of the By-law. For
accurate reference to the By-law, certified copies should be obtained through
Legislative Services.
Consolidated By-Law 19-2003
Page 2 of 13
City of Burlington
Consolidated By-Law 19-2003
Incorporating Amendments made by:
By-Law No.
Effective Date
Amendment Summary
49-2008
City of Burlington
Report
June 9, 2008
-
Modify Schedule 2, Item 8
45-2011
045-2011-By-
law.pdf
May 24, 2011
-
Add Section 11(7)
-
Add Section 11(8)
-
Add Section 11(9)
057-2019
City of Burlington
By-law 57-2019
November 18, 2019
-
Add definition of "Air Horn" to
section 3
-
Add Schedule 2, No. 20
-
Add Schedule 3, Item 4
32-2020
City of Burlington
By-Law 32-2020
May 25,2020
-
Modify Section 3
86-2020
City of Burlington
By-law 86-2020
November 23, 2020
-
Add definition to Section 3
-
Replace Schedule 2, Item 14
Consolidated By-Law 19-2003
Page 3 of 13
WHEREAS Council deems it appropriate to enact a by-law to prohibit and regulate certain
public nuisances within the City of Burlington pursuant to section 128 of the Municipal Act,
2001, S.O. 2001, c. 25, as amended;
AND WHEREAS Council deems it appropriate to enact a by-law to prohibit and
regulate certain noises within the City of Burlington pursuant to section 129 of the
Municipal Act, 2001, S.O. 2001, c. 25, as amended;
NOW THEREFORE the Council of The Corporation of the City of Burlington enacts
as follows:
Title
1.
This by-law may be cited as "The Nuisance and Noise Control By-law".
Technical Terms
2.
In this by-law all words that are of technical nature and are related to sound and
vibration shall have the meanings specified for them in Schedule 4 - Publications,
Publication NPC- 101, as amended.
Definitions
3.
In this by-law,
(1)
"Applicable Publication" means a Publication referred to in the provisions of this by-
law including a schedule hereto;
(2)
"Authorized Emergency Vehicle" has the same meaning as in Traffic By-Law No.
1984-1;
(3)
"Certificate" means a certificate of Competency in Environmental
Acoustics Technology of a specified class issued by the Minister or
other Agency;
(4)
"Chief Noise Control Officer" means the Director of Building and By-law and/or
their designate who is appointed by council for the purpose of administration and
enforcement of this by-law;
(5)
"City" means The Corporation of the City of Burlington;
(6)
"Constable" means a police constable who is a member of the Halton
Regional Police Service;
(7)
"Construction" includes erection, alteration, repair, dismantling, demolition,
structural maintenance, painting, moving, land clearing, earth moving, grading,
excavating, filling, 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;
Consolidated By-Law 19-2003
Page 4 of 13
(8)
"Construction Equipment" means any equipment or device designed and intended
for use in construction, 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;
(9)
"Construction Site" means the area or portion of land used for construction or any
other area used for any purpose related to the construction or for any related purpose;
(10) "Conveyance" includes a vehicle and any other device used to transport a person
or persons or goods from place to place but does not include any vehicle or
device operated only within the premises of a person;
(11) "Council" means the Council of The Corporation of the City of Burlington;
(12) "Fireworks" means Consumer Fireworks (Type F.1 fireworks under the Explosives
Act), Display Fireworks (Type F. 2 fireworks under the Explosives Act), Special
Effect Pyrotechnics Fireworks (Type F. 3 fireworks under the Explosives Act),
Firecrackers or Prohibited Fireworks (as listed from time to time under the
Explosives Act);
(13) "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;
(14) "Minister" means the Minister of the Environment;
(15) "Ministry" means the Ministry of the Environment;
(16) "Motor Vehicle" includes and automobile, motor-cycle 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;
(17) "Motorized Conveyance" means a conveyance propelled or driven
otherwise than muscular, gravitational or wind power;
(18) "Municipal Law Enforcement Officer" means any person who is
appointed by Council as a Municipal Law Enforcement Officer for the City
of Burlington;
(19) "Municipality" means the land within the geographic limit of The Corporation of the
City of Burlington;
(20) "Noise" means unwanted sound;
(21) "Noise Control Officer" means any person who is a certificate holder
appointed to assist the Chief Noise Control Officer;
(22) "Nuisance" means anything that is injurious to health, indecent or offensive
to the senses, or an obstruction to the free use of property, so as to interfere
with the comfortable enjoyment of life or property.
(23) "Point of Reception" means any point on a premises of a person where
sound or vibration originating from other than those premises is received;
Consolidated By-Law 19-2003
Page 5 of 13
(24) "Publication" means a specified publication of the Noise Pollution Control
Section of the Pollution Control Branch of the Ministry of the Environment named in
Schedule 4
- Publications, as amended. A copy of every Publication which is named in Schedule 4
- Publications is hereby made part of this by-law;
(25) "Residential Area" means an area of the municipality where a
residential use is permitted by any zoning by-law in force;
(26) "Residential Renovations" means construction that does not require any
building permits and/or renovations constructed without any heavy
equipment;
(27) "Source" or "Source of Sound or Vibration" means an activity, matter, thing, or
tangible personal property or real property, from which sound or vibration is
emitted;
(28) "Stationary Source" means a source of which does not normally move from place to
place and includes the premises of a person as one stationary source unless the
dominant source on the premises is construction or a conveyance.
(29) "Air Horn" means a small air horn powered by compressed gas and/or air.
Nuisances
4.
No person shall cause a nuisance within the City of Burlington without
limiting the generality of the foregoing:
(1)
No strong light or moving or twinkling lights shall be used so that an unusual
quantity or type of light shines upon the land of others so as to be or to cause a
nuisance to the public generally or to others residing or carrying on a
manufacture, trade or business in the vicinity.
(2)
No noise or vibrations shall be made, caused or created so as to be heard or felt or
otherwise perceived outside the property and which are, in the view of all the
circumstances including the nature of the neighbourhood and the use to which
adjoining properties are put and the time of day during which such noise or
vibrations are made, caused or created excessive or which are, or may cause a
nuisance to the public generally or to others residing or carrying on a
manufacture, trade or business in the vicinity.
Prohibitions
5.
No person shall emit or cause or permit the emission of sound resulting:
(1)
from any act listed in Schedule 1 - General Prohibitions, and which sound
is clearly audible at a point of reception;
(2)
from any act listed in Schedule 2 - Time and Place Prohibitions, if clearly
audible at a point of reception located in an area of the municipality specified
within a prohibited time shown for such an area
Consolidated By-Law 19-2003
Page 6 of 13
Limitations on Sound Emissions
6.
No person shall emit or cause or permit the emission of any sound:
(1)
from a stationary source such that the level of resultant sound at a point of
reception exceeds the applicable sound level limit prescribed in Schedule 4 -
Publications, Publication NPC-205;
(2)
from any piece of construction equipment of a type referred to in Schedule 4 -
Publications, Publication NPC-115, at a work site, any part of which is located
within 600m of a residential area, unless;
a)
the piece of construction equipment was put into use prior to January 1, 1979; or
b)
the piece of construction equipment bears a label affixed by the
manufacturer or distributor which states;
(i)
the year of manufacture, and
(ii)
that the item of equipment complies with the residential sound emission
standards set out in Schedule 4 - Publications, Publication NPC-115, as
applicable to that type of equipment and date of manufacture; or
c)
the owner, operator, manufacturer or distributor provides proof that the item
of equipment complies with the residential sound emission standard set out in
Schedule 4 - Publications, Publication NPC-115, as applicable to that type of
equipment and date of manufacture.
(3)
from any air conditioning device of a type referred to in
Schedule 4 - Publications, Publication NPC-216, unless:
a)
the device was put into use prior to January 1, 1979; or
b)
the device bears a label affixed by the manufacturer or distributor which states;
(i)
the year of manufacture, and
(ii)
that the device complies with the sound emission standard set out in
Schedule 4 - Publications, Publication NPC-216, as applicable to that type
of device and date of manufacture; or
c)
the owner, operator, manufacturer or distributor provides proof that the device
complies with the sound emission standard set out in Schedule 4 -
Publications, Publication NPC-216, as applicable to that type of device and
date of manufacture.
(4)
from any domestic outdoor power tool of a type referred to in Schedule 4 -
Publications, Publication NPC-117, which device is powered by an electric
motor or an internal combustion engine unless:
a)
the device was manufactured prior to January 1st, 1979; or
b)
the device bears a label affixed by the manufacturer or distributor which states
the year of manufacture and that the device when new complies with the sound
emission standard set out in Schedule 4 - Publications, Publication NPC-117,
as applicable to that type of device and date of manufacture; or
c) the owner, operator, manufacturer or distributor provides proof that the
device when new complied with the sound emission standard set out in
Schedule 4 - Publications, Publication NPC-117, as applicable to that type of device
and date of manufacture.
(5)
from any motorized conveyance of a type referred to in Schedule 4 -
Publications, Publication NPC-118, unless the motorized conveyance
Consolidated By-Law 19-2003
Page 7 of 13
complies with the sound emission standard set out in Schedule 4 - Publications,
Publication NPC-118, as applicable to that type of motorized conveyance and date of
manufacture.
(6)
from a blasting operation of a type referred to in Schedule 4 - Publication NPC-119, unless the
blasting operation complies with the sound emission standard set out in Schedule 4 - Publications,
Publication NPC-119, as applicable to that type of blasting operation.
(7)
Clause 6 (1) does not apply to any equipment, apparatus, or device used in
agriculture for food crop seeding, chemical spraying, or harvesting.
Preemption
7.
Where a source of sound is subject to more than one of the provisions
(subsections 1 through 6) in Section 6, the less restrictive provision shall
prevail.
Exemptions
8.
Notwithstanding any other provision of this by-law, this by-law shall not apply to a
person who emits or causes or permits the emission of sound or vibration in connection
with any activities, listed in Schedule 3 - Exemptions, or as approved by Council.
9.
The Chief Noise Control Officer may identify and require specific terms and
conditions necessary for approval for exemption and upon application by any person:
(1)
exempt the applicant; or
(2)
exempt the applicant for any exemption of lesser effect; or
(3)
refuse to grant any exemption,
from any provision of this by-law with respect to any source of sound or vibration for the
purposes of extending hours of construction, or of similar activities, whereby time
constraints or other such constraints exist as such that Council approval could not be
obtained prior to the undertaking of the activity.
10.
All other applications for exemptions shall be required to obtain Council approval
through a report prepared by the Chief Noise Control Officer.
11.
Every application for exemption shall be made to the Chief Noise Control
Officer in writing and shall contain:
(1)
the name and address of the applicant;
(2)
a description of the source of sound or vibration in respect of
which exemption is sought;
(3)
a statement of the particular provision or provisions of the by-law from
which exemption is sought;
(4)
the period of time, of a duration not in excess of six months, for which the
exemption is sought;
(5)
the reasons why the exemption should be granted;
(6)
a statement of the steps, if any, planned or presently being taken to bring
about compliance with the by-law.
Consolidated By-Law 19-2003
Page 8 of 13
(7)
an application fee of $175.00
(8)
a notice of intention to apply for any exemption to this by-law, by the
distribution of a flyer as approved by the City to all residences within a 150
meter radius of the subject property containing the information required by Clauses
(1) through (6)
(9)
the application shall be submitted at least 14 days in advance of the event
taking place
12.
The Chief Noise Control Officer may require an applicant to provide such further
and other information as may be necessary to consider an application.
13.
No application shall be deemed complete until all required information has been
provided by the applicant.
14.
Where an application is not approved or approved upon terms and conditions or approval
to a lesser extent than the exemption applied for, the Chief Noise Control Officer shall set
out reasons therefore and shall serve a copy of the decision upon the applicant. The Chief
Noise Control Officer may reconsider the application if additional information or
documentation, required by the Chief Noise Control Officer, is submitted by the applicant.
15.
Notwithstanding any other provision of this by-law, it shall be lawful during an emergency
to emit or cause or permit the emission of sound or vibration in connection with emergency
measures undertaken;
(1)
for the immediate health, safety or welfare of the inhabitants or any of them, or
(2)
for the preservation or restoration of property,
unless such sound or vibration is clearly of a longer duration or of a nature more disturbing
than is reasonably necessary for the accomplishment of such emergency purpose.
Severability
16. Where a court of competent jurisdiction declares any provision of this by-law invalid,
the provision shall be deemed conclusively to be severable from the by-law.
17.
No part of this by-law not declared by a court of competent jurisdiction to be
invalid shall be affected by the provision severable from the by-law.
Enforcement
18.
The Chief Noise Control Officer shall administer and enforce this by-law.
19.
Such noise control officer(s), municipal law enforcement officer(s), or constable(s), as
are necessary for the purpose of enforcement of this by-law who possess a certificate
shall enforce all portions of this by-law.
Consolidated By-Law 19-2003
Page 9 of 13
20.
Such municipal law enforcement officer(s) or constable(s), as are necessary for
the purpose of enforcement of this by-law who do not possess a certificate shall only
enforce the portions of this by-law where sound level measurements are not required.
Penalty
21.
Any person who contravenes any provision of this by-law is guilty of an offence and is
liable upon conviction to a fine in accordance with the Provincial Offences Act.
Enactment
22.
That By-laws 82-1991, 135-1981 and By-law 2840 as amended, be repealed.
23.
This by-law comes into effect:
ENACTED AND PASSED this 24th day of February, 2003
MAYOR
Robert S. MacIsaac
CLERK
Kim Phillips
Schedule 1 - General Prohibitions
1.
Racing of any motorized conveyance other than in a racing event regulated by law.
2.
The operation of a motor vehicle in such a way that the tires squeal.
3.
The operation of any combustion engine or pneumatic device without an effective exhaust
muffling device in good working order and in constant operation.
4.
The operation of a vehicle, or a vehicle with a trailer, resulting in banging,
clanking, grinding, rattling, squealing or other like sounds due to improperly
secured load or equipment, or inadequate maintenance.
Consolidated By-Law 19-2003
Page 10 of 13
5.
The operation of an engine or motor in, or on, any motor vehicle or item of attached
auxiliary equipment for a continuous period exceeding five minutes, while such
vehicle is stationary in a residential area, unless:
(1)
the vehicle is in an enclosed structure constructed so as to effectively
prevent excessive noise emission.
(2)
the original equipment manufacturer specifically recommends a longer idling period
for normal and efficient operation of the motor vehicle in which case such
recommended period shall not be exceeded.
(3)
operation of such engine or motor is essential to a basic function of the vehicle or
equipment, including but not limited to, operation of ready mixed concrete trucks,
lift platforms or refuse compactors and heat exchange systems.
(4)
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
preservation of perishable cargo.
(5)
prevailing low temperatures make longer idling periods necessary, immediately after
starting the motor or engine.
(6)
the idling is for the purpose of cleaning and flushing the radiator and
associated circulation system for seasonal change or antifreeze, cleaning of
the fuel system, carburetor or the like, when such work is performed other
than for profit.
6.
The operation of a motor vehicle horn or other warning device except where
required or authorized by law in accordance with good safety practices.
7.
The operation of any item of construction equipment without effective muffling devices in good
working order and in constant operation.
8.
Schedule 2 - Time and Place Prohibitions
1.
The operation of a combustion engine which is, is used in, or is
intended for use in a toy or a model or replica of a larger
device,
which model or replica has no function other than amusement
and which is not a conveyance.
9:00 pm - 7:00 am*
* (9:00 am Sundays)
2.
The operation of any auditory signalling device, including but
not limited to the ringing of bells or gongs and the blowing of
horns or sirens or whistles, or the production, reproduction or
amplification of any similar sounds, by law or in accordance with
good safety practices.
7:00 pm - 7:00 am
Consolidated By-Law 19-2003
Page 11 of 13
3.
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.
11:00 pm -7:00 am*
* (9:00 am Sundays)
4.
The venting, release or pressure relief of air, steam or other
gaseous material, product or compound from any
autoclave, boiler, pressure vessel, pipe, valve, machine, device
or system.
11:00 pm - 7:00 am
5.
The operation of any powered rail car including but not
limited to refrigeration cars, locomotives or self-propelled
passenger cars,
while stationary on property not owned or controlled by a
railway governed under the Railway Safety Act.
7:00 pm - 7:00 am
6.
The operation of any motorized conveyance other than
on a highway or other place intended for its operation.
At any time
7.
The operation of commercial car wash with air drying
equipment.
11:00 pm - 7:00 am
8.
The operation of any construction equipment in
connection with construction.
7:00 p.m. - 7:00
a.m.*
* (All day Sunday and
Statutory Holidays)
9.
Loading, unloading, delivering, packing, unpacking, or
otherwise
handling any containers, produce, materials, or refuse
whatsoever, unless necessary for the maintenance of
essential services.
11:00 pm - 7:00 am
10.
The operation of solid waste, refuse, or recyclable bulk lift
or refuse compacting equipment.
9:00 pm - 7:00 am
11.
Persistent barking, calling, whining or other similar persistent
noise making by any domestic pet or any other animal kept or
used for any purpose other than agriculture.
At any time
12.
Persistent yelling, shouting, screaming, hooting,
whistling, or singing.
At any time
13.
All selling or advertising by shouting out-cry or amplified
sound.
At any time
14.
The detonation of Fireworks or explosive devices except
as permitted in Fireworks By-law 84-2020, as amended or replaced
from time to time
At any time
15.
The discharge of firearms contrary to Firearms By-law 83-1991.
At any time
16.
The operation of any powered or non-powered tool for
domestic purposes, other than snow removal.
9:00 pm - 7:00 am*
* (9:00 am Sundays)
17.
The operation of a power assisted hang glider or parafoil.
7:00 pm - 7:00 am
18.
The operation of any item of snow making equipment.
7:00 pm - 7:00 am
19.
The operation of a sound emitting pest control device.
7:00 pm - 7:00 am
Consolidated By-Law 19-2003
Page 12 of 13
20.
The operation of an air horn
At any time
NOTE: For the purpose of Schedule 2, "motorized conveyance" includes: snowmobiles,
mopeds,go-carts, track bikes, and trail bikes
Schedule 3 - Exemptions
1.
Operation of authorized emergency vehicles.
2.
Operation of bells, utilized as traffic control devices including the following:
(1)
bells at traffic signal locations;
(2)
bells at railway crossings.
3.
Operation of equipment and machinery by or on behalf of the City carrying on or engaged
in the performance of public works for emergency purposes, including, but not limited
to:
(1)
winter snow clearing and removal equipment;
(2)
turfgrass maintenance and repair equipment;
(3)
traffic line painting machines;
(4)
catchbasin cleaners;
(5)
tree and shrub pruning and mulching equipment;
(6)
sidewalk grinding and repair equipment;
(7)
street cleaners and flushers.
4.
The operation of an air horn:
(1)
For emergency purposes as a signaling and/or warning device; or
(2)
For the purpose of hazing wildlife; or
(3)
Where required or authorized by law and in accordance with good safety
practices.
Schedule 4 - Publications
1.
Publication NPC-101
Technical Definitions
2.
Publication NPC-102
Instrumentation
3.
Publication NPC-103
Procedures
4.
Publication NPC-104
Sound Level Adjustments
5.
Publication NPC-205
Stationary Sources (Urban)
6.
Publication NPC-232
Stationary Sources (Rural)
7.
Publication NPC-206
Sound Levels due to Road Traffic
8.
Publication NPC-115
Construction Equipment
Consolidated By-Law 19-2003
Page 13 of 13
9.
Publication NPC-216
Residential Air Conditioning Devices
10. Publication NPC-117
Domestic Outdoor Power Tools
11. Publication NPC-118
Motorized Conveyances
12. Publication NPC-119
Blasting