This is the exact embedded text of the captured official document.
Snapshot e78b1d11b626 · verified 2026-06-10 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
The Corporation of the Township of Hamilton
By-law Number 2014 - 36
BEING A BY-LAW TO CONTROL NOISE IN THE
TOWNSHIP OF HAMILTON
WHEREAS it is expedient to exercise the power conferred upon the Council by the
Environmental Protection Act, 1971, as amended, and other statutory authority;
AND WHEREAS a recognized body of scientific and technological knowledge exists by
which sound and vibration may be substantially reduced;
AND WHEREAS the people have a right to and should be ensured an environment free
from unusual, unnecessary, or excessive sound or vibration which may degrade the
quality and tranquillity of their life or cause nuisance;
AND WHEREAS it is the policy of the Council to reduce and control such sound and
vibration;
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the
Township of Hamilton ENACTS as follows:
INTERPRETATION:
1. In this By-Law:
(a)
Construction
"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;
(b)
Construction Equipment
"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;
(c)
Conveyance
"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 the premises of
a person;
(d)
Council
"Council" means the Council of the Corporation of the Township of
Hamilton.
(e)
Highway
"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.
(f)
Minister
"Minister" means Minister of the Environment.
(g)
Ministry
"Ministry" means Ministry of the Environment.
(h)
Motor Vehicle
"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 vehicles
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;
(i)
Motorized Conveyance
"motorized conveyance" means a conveyance propelled or driven
otherwise than by muscular, gravitational or wind power.
(j)
Municipality
"municipality" means the land within the geographic limit of The
Corporation of the Township of Hamilton.
(k)
Noise
"noise" means unwanted sound;
(l)
Point of Reception
"point of reception" means any point on the premises of a person where
sound or vibration originating from other than those premises is received.
(m)
Residential Area
"residential area" means those areas of the municipality designated as
residential in the Zoning By-Law No. 2001-58, or amendments thereto of
the Corporation of the Township of Hamilton.
GENERAL PROHIBITIONS
2. Within the boundary limits of the municipality, 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:
a)
Racing of any motorized conveyance other than in a racing event
regulated by law.
b)
The operation of motor vehicle in such a way that the tires squeal.
c)
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.
d)
The operation of a vehicle or a vehicle with a trailer resulting in banging,
clanking, squealing or other like sounds due to improperly secured load or
equipment, or inadequate maintenance.
e)
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:
(i)
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; or,
(ii)
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 and refuse compactors;
or,
(iii)
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 purposes of
delivery or loading; or,
(iv)
prevailing low temperatures make longer idling periods necessary
immediately after starting the motor or engine; or,
(v)
the idling 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 when
such work is performed other than for profit.
f)
The operation of a motor vehicle horn or other warning device except
where required or authorized by law or in accordance with good safety
practices.
g)
The operation of any item of construction equipment in a Residential Area
without effective muffling devices in good working order and in constant
operation.
3. PROHIBITIONS BY TIME AND PLACE
No person shall emit or cause or permit the emission of sound resulting from any
act listed in Table 3-1 if clearly audible at a point of reception located in an area
of the municipality within a prohibited time shown for such an area.
TABLE 3-1
PROHIBITIONS BY TIME AND PLACE
Description of Activity
Period of Time
1.
The detonation of fireworks or explosive devices not used in
devices not used in construction
A
2.
The discharge of firearms during duck hunting season
F
3.
The operation of a combustion engine which,
(i) is, or
(ii) is used in, or
(iii) is intended for use in
a toy or a model or replica of any device, which model or
replica has no function other than amusement and which is
not a conveyance
E
4.
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.
C
5.
The operation of any auditory signaling 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
electronic means except where required or authorized by
law or in accordance with good safety practices.
B & D
6.
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.
A
7.
Persistent barking, calling or 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 all times
8.
All selling or advertising by shouting or outcry or amplified
sound.
B & D
9.
Loading, unloading, delivering, packing, unpacking or
otherwise handling any containers, products, materials, or
refuse, whatsoever, unless necessary for the maintenance of
essential services or moving of private household effect.
B & D
10. The operation of any equipment in connection with
construction.
B & D
11. The operation or use of any tool for domestic purposes
other than snow removal.
A
12. The operation of solid waste bulk lift or refuse compacting
equipment.
B
13. The operation of any grass cutting equipment within 100m
of a residential dwelling on a neighboring property
B
Prohibited periods of Time:
A - 23:00 one day to 07:00 next day (09:00 Sundays)
B - 19:00 one day to 07:00 next day (09:00 Sundays)
C - 17:00 one day to 07:00 next day (09:00 Sundays)
D - All day Sundays and Statutory Holidays.
E - 21:00 one day to 07:00 next day (09:00 Sundays)
F - Sunset one day to sunrise next day.
4. EXEMPTION
Public Safety:
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 or 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. GRANT OF EXEMPTION BY COUNCIL
(1) Application to Council
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 or vibration
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) Decision
In deciding whether to grant the exemption, Council shall give the
applicant and any person opposed to the application an opportunity to be
heard and may consider such other matters as it sees fit.
(3) Breach
Breach by the applicant of any of the terms or conditions of any
exemption granted by Council shall render the exemption null and void.
6. EXEMPTION OF TRADITIONAL, FESTIVE OR RELIGIOUS ACTIVITIES
Notwithstanding any other provision of this by-law, this by-law does not apply to
a person who emits or causes or permits the emission of sound or vibration in
connection with any of the listed traditional, festive, religious and other activities:
1. The use in a reasonable manner of an apparatus or mechanism for the
amplification of the human voice or of music in a public park or recreational
area under the control and management of the Township of Hamilton in
connection with any public election meeting, public celebration or other lawful
gathering, on the following festive days:
New Years Day
Civic Holiday
Valentines Day
Labour Day
St. Patricks Day
Thanksgiving
Easter
Christmas Day
Victoria Day
Boxing Day
Canada Day
U.S. Independence Day
2. All agricultural activities in the Agriculture Zone.
7. SEVERABILITY
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.
8. PENALTY
Every person who contravenes any provision of this by-law is guilty of an
offence, and conviction is liable to a fine as provided for in the Provincial
Offences Act, R.S.O. 1990 P. 33.
For the purposes of this by-law, each day on which the offence occurs or
continues shall be deemed to be a separate offence.
9. BY-LAW NO. 2013-19:
By-Law No. 2013-19 is hereby repealed.
This By-Law given a FIRST, SECOND and THIRD READING and FINALLY PASSED this
20th day of May, 2014.
MAYOR
CLERK