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By-law No. 47-2025 Page 1 of 8
Prohibit or Regulate Noise within the Municipality of Port Hope and
Repeal By-law 35/96
THE CORPORATION OF THE MUNICIPALITY OF PORT HOPE
BY-LAW 47-2025
A By-law to prohibit or regulate noises likely to disturb the inhabitants of the
Municipality of Port Hope and repeal By-law 35/96
WHEREAS section 129 of the Municipal Act, 2001 provides that, without limiting
sections 9 and 10 of the Act, a municipality may: (a) prohibit and regulate with
respect to noise, vibration, odor, dust and outdoor illumination, including indoor
lighting that can be seen outdoors; and (b) prohibit the matters described in
clause (a) 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 section 128 of the Municipal Act, 2001 provides that a municipality
may prohibit and regulate with respect to public nuisances, including matters
that, in the opinion of Council are or could become public nuisances; and
WHEREAS in the opinion of Council for the Municipality of Port Hope, certain
kinds of noise are or could become a public nuisance; and
WHEREAS Council considered Staff Report PS-14-25 regarding Noise By-law at
its Council meeting of November 18, 2025, and
WHEREAS subsection 391(1) of the Municipal Act, 2001 provides that a
municipality may impose fees and charges on persons.
NOW THEREFORE the Council of the Corporation of the Municipality of Port
Hope enacts as follows:
1. DEFINITIONS
For the purposes of this By-law the following terms shall have the
corresponding meaning:
"Agricultural Operation" includes but not limited to animal husbandry,
ploughing, cultivating, spreading of fertilizers to promote crop growth,
planting, spraying, harvesting, drying of crops, storage of agriculture
materials (harvested product) and includes any work in connection
therewith and includes agriculture, aquacultural, horticultural and
silvicultural operations.
"Agriculture Machinery and Equipment" means any equipment or
device designed, intended and used in an agriculture operation, including
but not limited to tractors, combines, elevators, driers, balers, off highway
trucks, implements and including self-propelled implements of husbandry,
chainsaws, irrigation pumps, crop conditioning and drying equipment,
refrigeration units and crop protection equipment.
"Construction" includes erection, alteration, repairing, 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.
"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 drives, pneumatic or by hydraulic
tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders,
By-law No. 47-2025 Page 2 of 8
Prohibit or Regulate Noise within the Municipality of Port Hope and
Repeal By-law 35/96
scrapers, generators, pavers, off highway haulers or trucks, ditchers,
compactors and rollers, pumps, concrete mixers, graders, or other
material handling equipment.
"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 vehicle or device if operated only within the boundaries
of a singular premises of a Person.
"Council" means the Council of the Corporation of the Municipality of
Port Hope.
"Farm" means an agricultural, horticultural or silvicultural operation that is
carried on in the expectation of gain or reward.
"Highway" includes a common and public highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle, any part of
which is intended for or used by the general public for the passage of
vehicles and includes the area between the lateral property line thereof;
but does not include trails used or intended to be used for motorcycles,
skidoos and all-terrain vehicles.
"Holiday" means:
i.
New Year's Day
ii.
Family Day
iii.
Good Friday
iv.
Easter Sunday
v.
Victoria Day
vi.
Canada Day
vii.
Labour Day
viii.
Thanksgiving Day
ix.
Christmas Day
and any other public holiday set out in the Retail Business
Holidays Act, R.S.O., 1990, c. R.30.
"Manager of Municipal Law Enforcement Officer" means any person
responsible for managing the Municipal Law Enforcement Division of the
Municipality.
"Motor Vehicle" means an automobile, a motorcycle, a motor-assisted
bicycle unless otherwise indicated in this By-law and any other vehicle
propelled or driven otherwise than by muscular power, but does not
include a street car or other motor vehicle running only upon rails, a
power-assisted bicycle, a motorized snow vehicle, a traction engine, a
farm tractor, a self-propelled implement of husbandry or a road-building
machine within the meaning of the Highway Traffic Act.
"Municipal Law Enforcement Officer" means any person appointed by
By-law to enforce the Municipality's By-laws.
"Municipality" means the land within the geographic limit of the
Municipality of Port Hope.
"Noise" means any sound or vibration that is of such a volume or nature
that it is likely to disturb any person in the Municipality.
"Normal Farm Practice" means a practice that:
a) is conducted in a manner consistent with proper and acceptable
customs and standards as established and followed by similar
agricultural operations under similar circumstances, or
b) makes use of innovative technology in a manner consistent with
proper advanced farm management.
By-law No. 47-2025 Page 3 of 8
Prohibit or Regulate Noise within the Municipality of Port Hope and
Repeal By-law 35/96
"Persistent Noise" means an Noise that is continuously heard for a
period of tens minutes or more, or intermittently heard over a period of one
hour or more.
"Person" or any expression referring to a person means an individual,
sole proprietorship, partnership, limited partnership, trust, corporate body,
organization, charity and/or an individual in his or her capacity as a
trustee, executor, administrator or other legal representative.
"Point of Reception" means any point on the premises of a person,
where noise or vibration originating from other than those premises is
received.
"Premises" means land and includes the buildings and/or structures
thereon.
"Order" means an Order issued under Section 7 of this By-law by a
Municipal Law Enforcement Officer.
"Owner" means the owner of a property, building or structure and
includes an occupant of such property, building or structure.
"Source" means an activity, matter, thing, or tangible personal property or
real property, from which sound or vibration is emitted.
"Temporary Noise Permit" means an exemption granted under this By-
law.
2. GENERAL PROHIBITIONS
2.1
No Person shall make, cause or permit the emission of Noise, which
Noise is audible at Point of Reception.
2.2.
For the purposes of this By-law and without limiting the generality of
the foregoing, the following Noises shall be deemed to be Noises likely
to disturb any Person in the Municipality:
i.
The operation of a Motor Vehicle in such a way that tires
squeal.
ii.
The operation of any combustion engine or pneumatic
device without an effective exhaust or intake muffling device
in constant operation.
iii.
The operation of a vehicle or a vehicle with a trailer resulting
in banging, clanking, squealing or other like Noises.
iv.
The operation of an engine or motor in, or on, any vehicle or
item of attached auxiliary equipment for a continuous period
of more than five minutes while such vehicle is stationary
unless:
a)
the continuous operation of the engine or motor is
essential to the basic function of the vehicle or
equipment; or
b)
weather conditions justify the use of heating or
refrigerating systems powered by the motor or engine
for the safety and welfare of passengers or animals,
or the preservation of perishable cargo, and the
vehicle is stationary for purposes of delivery or
loading.
v.
The use of a horn, whistle, alarm, bell, gong or the like,
except for an auditory safety or warning device or chimes
used in association with a religious establishment.
vi.
The operation of an air conditioner, pool pump or filter, heat
pump or the like that is not in proper working order.
By-law No. 47-2025 Page 4 of 8
Prohibit or Regulate Noise within the Municipality of Port Hope and
Repeal By-law 35/96
vii.
The Noise or sound caused by a burglar alarm or similar
security device which is permitted to continue for more than
ten (10) minutes where there is not an emergency, breach of
the peace or similar incident.
3. REGULATIONS BY TIME
3.1.
No Person shall make, cause or permit the emission of Noise resulting
from an act listed herein, which is a Persistent Noise or a Noise which
is audible or at Point of Reception during a restricted time period.
3.2.
Notwithstanding any other provision of this By-law, the following Noises
shall be deemed to be Noises likely to disturb any Person in the
Municipality if clearly audible at a Point of Reception within a time
period as shown:
Description of Sounds
Restricted Time Period
a) The detonation of fireworks, explosive devices
except:
i.
when used in construction during
permitted time; or
ii.
within 3 days of Victoria Day during
permitted time; or
iii.
within 3 days of Canada Day during
permitted time.
11:00 p.m.-7:00 a.m.
(9:00 a.m. on Sunday and
Holidays)
b) The operation of a radio, television, stereo or other
electronic device including any amplification
device, or any musical or other sound producing
instrument.
11:00 p.m.-7:00 a.m.
(9:00 a.m. on Sunday and
Holidays)
c) Persistent barking, calling or whining or other
similar noises made by any domestic pet, or any
other animal kept or used for any purpose other
than agriculture.
11:00 p.m.-7:00am
(9:00am on Sunday and
Holidays)
d) Yelling, shouting, hooting, whistling, singing,
playing musical instruments or the emission of
music.
11:00 p.m.-7:00 a.m.
(9:00 a.m. on Sunday and
Holidays)
e) All selling or advertising by shouting or outcry or
amplified sound.
11:00 p.m.-7:00 a.m.
(9:00 a.m. on Sunday and
Holidays)
f) The operation of any Construction Equipment.
7:00 p.m.-7:00 a.m.
Monday to Friday
7:00 p.m.-7:00 a.m.
Saturday
All day Sunday and
Holidays
g) The operation of a dirt bike, all-terrain cycle,
snowmobile, go-cart, dune buggy or like
Conveyance.
9:00 p.m.-7:00 a.m.
(9:00 a.m. on Sunday and
Holidays)
h) The operation of a combustion engine for a toy or
a replica of a larger device such as a remote
controlled toy airplane.
9:00 p.m.- 7:00 a.m
(9:00 a.m. on Sunday and
Holidays)
i) The operation of any gas, battery or electric
powered tool including a hammer, saw, nail gun,
lawnmower, staple gun, hedge trimmer, drill, leaf
blower or the like for domestic purposes.
9:00 p.m.-7:00 a.m.
(9:00 a.m. on Sunday and
Holidays)
j) The operation of waste collection machinery or
refuse compacting equipment.
9:00 p.m.-7:00 a.m.
(9:00 a.m. on Sunday)
By-law No. 47-2025 Page 5 of 8
Prohibit or Regulate Noise within the Municipality of Port Hope and
Repeal By-law 35/96
Description of Sounds
Restricted Time Period
k) Construction or the operation of any Construction
Equipment conducted by any individual other than
the homeowner.
9:00 p.m.-7:00 a.m.
Monday to Friday
7:00 p.m.-8:00 a.m.
Saturday
All day Sundays and
Holidays
4. GENERAL EXEMPTIONS
This By-law does not apply to sound emitted or caused or permitted in
connection with:
a) measures undertaken in an emergency for the immediate health, safety or
welfare of Persons and animals;
b) measures undertaken in an emergency for the preservation or restoration
of property;
c) the operation of emergency vehicles;
d) the operation of bells utilized as traffic control devices including bells and
other devices at traffic signal locations and bells at railway crossings;
e) the activities of snow plowing and/or removal;
f) the activities of street sweeping;
g) the operation of equipment in connection with the municipal pit that is
carried out in accordance with a valid license issued under the Aggregate
Resources Act;
h) measures undertaken where the Municipality, its servants, employees,
contractors or agents are carrying out Municipal operations or operating,
maintaining or installing municipally-owned infrastructure, facilities events
or the like;
i) non-emergency Construction, reconstruction or repair of any county,
provincial or federal public works including the Construction,
reconstruction or repair of a public Highway provided the Municipality is
given advanced written notice of the hours to be worked if outside the
permitted Construction hours;
j) processions, parades, races, circuses, fairs, festivals, markets,
entertainment activities in public parks, roadways or neighborhood social
activities approved by the Municipality;
k) sport or recreational activities or events in public or private parks,
playground, schoolyard, or recreational centre approved by the
Municipality;
l) the use of implements of husbandry in the operation of agricultural or
Farm activity related to food crop seeding, chemical spraying, harvesting,
or livestock operations carried on by a farmer;
m) the lawful use and detonation of fireworks or similar explosive devices as
per the Municipality's current Fireworks By-law, as amended, or any
successor legislation thereto.
5. EXEMPTIONS BY APPLICATION
a) Application to Manager of Municipal Law Enforcement
Notwithstanding anything contained in this By-law, any Person may make
application to the Manager of Municipal Law Enforcement or designate for
exemptions not in excess of 90 days in length, to be granted an exemption
from any of the provisions of this By-law with respect to any Source of
Noise for which they might be prosecuted and the Manager of Municipal
Law Enforcement or designate, 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 during which it is effective
and may contain such terms and conditions as the Manager of Municipal
Law Enforcement or designate see fit.
By-law No. 47-2025 Page 6 of 8
Prohibit or Regulate Noise within the Municipality of Port Hope and
Repeal By-law 35/96
b) Application to Council
Notwithstanding anything contained in this By-law, any Person may make
application to Council for exemptions over 90 days in length, to be granted
an exemption from any of the provisions of this By-law with respect to any
Source of Noise for which they might be prosecuted and the 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 during which it is effective and may contain
such terms and conditions as the Council see fit.
c) Application for Exemption
The application mentioned in 5 a) and b) shall be made in writing and shall
contain:
i.
the name and address of the applicant;
ii.
the name and information of a contact person, if other than
applicant;
iii.
the location of the event or activity for which the Temporary Noise
Permit is sought;
iv.
a description of the Source of Noise in respect of which the
exemption is sought;
v.
a statement of the particular provision or provisions from which the
exemption is sought;
vi.
the times of day, and period of time and duration for which the
exemption is sought;
vii.
the reasons why the exemption should be granted;
viii.
a statement of the steps, if any, planned or presently being taken to
minimize the Noise;
ix.
written confirmation that all property owners within a 500 metre
radius of the point from which the Noise will be emitted have been
notified along with a copy of the public notice; and
x.
a non-refundable Application fee for exemption as set out in the
Municipality's current Fees and Charges By-law.
d) Decision
In deciding whether to grant the exemption, the Manager of Municipal Law
Enforcement or designate or Council shall:
i.
consider any negative effects the issuance of the Temporary Noise
Permit may have on Persons residing on neighbouring properties or
on the Municipality;
ii.
consider any benefits the issuance of the Temporary Noise Permit
may have for Persons residing on neighbouring properties or for the
Municipality;
iii.
consider any previous violations of this By-law or predecessor by
land or Temporary Noise Permit conditions by the applicant; and
iv.
consider anything the Manager of Municipal Law Enforcement or
designate, or Council reasonably considers relevant.
e) Conditions
The Manager of Municipal Law Enforcement or designate, or Council may
impose conditions on a Temporary Noise Permit, including but not limited
to:
i.
the type and volume of sounds that may be made;
ii.
the times during which sounds may be made;
iii.
the date of expiry of the Temporary Noise Permit; and
iv.
any fees applicable.
By-law No. 47-2025 Page 7 of 8
Prohibit or Regulate Noise within the Municipality of Port Hope and
Repeal By-law 35/96
6. BREACH
Breach by the applicant of any of the terms or conditions of the exemption
and/or a Temporary Noise Permit granted by the Manager of Municipal
Law Enforcement or designate, or Council shall render the exemption null
and void.
7. ORDER
a) If a Municipal Law Enforcement Officer is satisfied that a Person has
contravened any section of this By-law, the Municipal Law Enforcement
Officer may issue an Order requiring work to be done to correct the
contravention, which Order shall contain the Municipal Address and/or the
legal description of the Property, and shall set out:
i) The reasonable particulars of the contravention, the work to be done,
any work or action required to be undertaken to rectify the
contravention, and the period within which there must be compliance
with the Order; and
ii) Notification that if the work or action is not done, as the case may be,
in compliance with the Order within the period specified, the
Municipality may have the work done at the expense of the Owner
and seek penalties as outlined in Section 8 of this By-law.
b) Orders issued by a Municipal Law Enforcement Officer under this by-law
shall be served as follows:
i) Orders shall be served on all Persons to whom the Order is issued:
(1) Personally, in writing;
(2) by mail to the last known address according to the Municipality's
records of the Person named in the Order; which service shall be
deemed to have been effective 5 days after mailing; or
(3) by email, to an address that is known to be used in
correspondence with a Municipal Law Enforcement Officer.
ii) If the Municipality is unable to effect service of an Order on the
Owner, a placard containing the terms of the Order may be placed in
a conspicuous place on the Property and the placing of the placard
shall be deemed to be service of the Order effective on the date the
placard is placed on the Property.
8. PENALTIES
a) Municipal fees for administration and enforcement activities under this By-
law shall be subject to the rates and fees set out in the Municipality's
current Fees and Charges By-law as amended or any successors thereto.
b) Every Person who contravenes any provision of this By-law, including an
Order issued under this By-law, is guilty of an offence and upon conviction
is liable to a fine as provided for in the Provincial Offences Act, R.S.O.
1990, Chapter P .33, as amended.
c) Every Person who is guilty of an offence under this By-law shall be
subject to the following penalties:
i) upon a first conviction, shall be liable to a fine of not more than $5,000;
ii) upon second or subsequent conviction for the same offence, to a fine
of not more than $10,000;
iii) upon conviction for a continuing offence, to a fine of not more than
$1,000 for each day or part of a day that the offence continues. The
total of the daily fines may exceed $10,000;
iv) upon conviction of a multiple offence, for each offence included in the
multiple offence, to a fine of more than $1,000. The total of all fines
for each included offence is not limited to $10,000.
By-law No. 47-2025 Page 8 of 8
Prohibit or Regulate Noise within the Municipality of Port Hope and
Repeal By-law 35/96
d) For the purposes of this By-law, "multiple offence" means an offence in
respect of two or more acts or omissions each of which separately
constitutes an offence and is a contravention of the same provision of
this By-law.
e) For the purposes of this By-law, an offence is a second or subsequent
offence if the act giving rise to the offence occurred after a conviction had
been entered at an earlier date for the same offence.
f) If a conviction is entered, in addition to any other remedy, and to any
penalty imposed by this By-law, the court in which this conviction is
entered, and any other court of competent jurisdiction thereafter, may
make an order prohibiting the continuation or repetition of the offence by
the Person convicted.
g) No Person shall provide false information or give a false statement to an
Officer, employee and/or agent of the Municipality in the lawful exercise
of a power or duty under this By-law.
h) No Person shall hinder or obstruct, nor attempt to hinder or obstruct,
either directly or indirectly, a Municipal Law Enforcement Officer,
employee and/or agent of the Municipality in the lawful exercise of a
power or duty under this By-law.
i) Every Person shall comply with any Notice or Order issued under the
authority of this By-law.
9. 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 this By-law and it is hereby declared that the remainder of
the By-law shall be valid and shall remain in force.
10. REPEAL OF BY-LAW
By-law number 35/96 and all amendments thereto are hereby repealed.
11. TRANSITION PROVISION
Notwithstanding the repeal of By-law 35/96 and all amendments thereto,
that By-law shall continue to apply to any acts, omissions or occurrences,
and to any offences that took place prior to the enactment of this By-law.
This By-law shall come into full force and effect on the day it is passed.
BYLAW READ AND PASSED in Open Council this 18th day of November, 2025.
___________________________
Olena Hankivsky, Mayor
____________________________
Shrishma Davé, Clerk
By signing this by-law on the 18th day of November, 2025, Mayor Olena
Hankivsky will not exercise the power to veto this by-law.