This is the exact embedded text of the captured official document.
Snapshot 92572a81775f · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE
CORPORATION OF
THE TOWN OF
WHITBY
Noise By-law
A By-law to prohibit and regulate noise within the Town of
Whitby.
By-law # 6917-14
Consolidated Version
This document has been reproduced for convenience only and
is a consolidation of "Noise By-law # 6917-14", adopted by the
Council of the Town of Whitby on the 8th day of September,
2014.
1
By-law Name: Noise By-law
By-law # 6917-14
As Amended by By-laws:
By-law Number:
Date Passed:
# 7680-20
November 2, 2020
# 7878-22
April 11, 2022
# 8111-24
October 9, 2024
# 8292-26
May 25, 2026
Individual copies of any of the above by-laws are available
from the Office of the Town Clerk of the Town of Whitby. For
legal purposes, copies of the original by-laws should be
obtained.
2
By-law Name: Noise By-law
By-law # 6917-14
Noise By-law
Being a By-law to prohibit and regulate noise within the Town of Whitby.
Whereas Section 129 of the Municipal Act provides that a local municipality may prohibit
and regulate noise;
And Whereas the Council of the Town of Whitby considers the prohibition and
regulation of noise within the Town to be in the interest of the community;
Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as
follows:
1. Definitions
"agricultural area" means an area designated as such in the Town of Whitby
Zoning By-laws and includes an identified non-conforming use;
"commercial area" means an area designated as such in the Town of Whitby
Zoning By-laws and includes an identified non-conforming use;
"construction" includes the erection, alteration, repair, dismantling, demolition
or structural maintenance of buildings, land clearing, earth moving, grading,
excavating, laying of pipe and conduit whether above or below ground level,
street and highway building, application of concrete, 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;
"conveyance" means any type of device designed or capable for use as a
means of physically transporting persons from one place to another;
"exhaust muffling device" means a muffler in good working order and in
constant operation to prevent excessive or unusual noise from a motor
vehicle;
"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;
"highway" includes a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle designed and intended for
use or used by the general public for the passage of vehicles and includes a
road allowance and/or right of way;
"industrial area" means an area designated as such in the Town of Whitby
Zoning By-laws and includes an identified non-conforming use;
3
By-law Name: Noise By-law
By-law # 6917-14
"inhabitants" means those people normally residing or working within the
Town, which includes any temporary resident or occupier of a premises within
the Town;
"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, traction engines, farm tractors, self-propelled implements of
husbandry or road building machines within the meaning of the Highway
Traffic Act;
"non-conforming" means a use which does not comply with the provisions of
the Town's Zoning By-laws for the zone in which such use is located as of the
date of passing of the Town's Zoning By-laws;
"parks area" includes playgrounds, sports fields, memorial squares, gardens,
waters, marinas, boat launches, and any other area or areas owned and used
by the Town for active or passive recreational purposes or for any other
purpose ancillary thereto;
"point of reception" means any point on the premises of a person or a
property, which includes a Park or Highway, where noise originating from
other than those premises, is received. For clarity, a point of reception may
include, but is not limited to, a highway, right-of-way, boulevard, park or other
area that an officer deems appropriate to observe noise under this by-law;
"officer" means a municipal law enforcement officer appointed by the Town to
enforce the provisions of this by-law or a police officer who is a member of the
Durham Regional Police Service;
"Region" means the Region of Durham;
"residential area" means an area designated as such in the Town of Whitby
Zoning By-laws and includes an identified non-conforming use;
"special event" includes a demonstration, parade, sports event, festival,
carnival and other like events;
"statutory holiday" means any holiday designated a holiday in the Retail
Business Holidays Act; and
"Town" means The Corporation of the Town of Whitby or the territorial
jurisdiction of the Town of Whitby as the context requires.
2. Interpretation
Unless otherwise specified, references in this by-law to sections, subsections,
clauses and schedules are references to sections, subsections, clauses and
schedules in this by-law.
4
By-law Name: Noise By-law
By-law # 6917-14
If a court of competent jurisdiction declares any section, or any part of any
section of this by-law to be invalid, or to be of no force and effect, it is the
intention of the Town that every other provision of the by-law be applied and
enforced in accordance with its terms to the extent possible according to law.
References in this by-law to any statute or statutory provision include
references to that statute or statutory provision as it may from time to time be
amended, extended or re-enacted.
This by-law shall be read with all changes in gender or number as the context
requires.
3. Regulation
No person shall cause or permit to be caused any noise audible at a point of
reception listed in "Schedule 1 - Prohibited Noise".
No person shall cause or permit to be caused any noise audible at a point of
reception listed in "Schedule 2 - Prohibited Noise by Time and Place" where
the noise occurs during the prohibited times specified in the schedule.
Notwithstanding any other provision in this by-law, a person may cause or
permit to be caused any noise audible at a point of reception provided the
noise is in connection with any of the activities listed in "Schedule 3 -
Exempted Noise".
Notwithstanding any other provision in this by-law, a person may cause or
permit to be caused any noise audible at a point of reception in connection
with legitimate emergency measures for the protection of the immediate
health, safety or welfare of the inhabitants of the Town or for the preservation
or protection of property.
Delegation of Authority for Infrastructure Works
Any person may make an application to the Commissioner of Public of Works
or his/her delegate for a permit to exempt from the provisions of this By-law
those activities related to infrastructure construction works undertaken by the
Town of Whitby, Region of Durham and/or Ministry of Transportation (with the
exception of Highway 407 related activities), or any private infrastructure
construction works which requires the use of Town-owned lands or the public
right of way within the Town of Whitby, subject to the following general
guidelines:
3.5.1. Where and if possible:
(a) work outside the limits of this by-law will be avoided;
(b) evening work within 400 meters of a residential dwelling will be
avoided;
5
By-law Name: Noise By-law
By-law # 6917-14
(c) Sunday work will be avoided; however if Sunday work is required,
work will be limited to between 8:00 a.m. and 5:00 p.m.; and,
(d) no evening work will be permitted on holiday weekends.
3.5.2. An exemption shall specify the time period during which it is effective,
and may contain such terms and conditions as the Commissioner of
Public Works sees fit.
3.5.3. Applications shall be made by the owner of the corporation or
business performing the work or his/her delegate, no less than three
(3) weeks prior to the commencement of work.
3.5.4. The application shall contain:
(a) the name and address of the applicant, including the legal
description of the property that will be the source of the sound;
(b) a description of the source of sound;
(c) a statement of the particular provision or provisions of the by-law
from which exemption is sought;
(d) the period of time, during which the exemption is sought;
(e) the reasons why the exemption should be granted; and,
(f) an application fee as set out in the Town's Fees and Charges By-
law.
The Commissioner of Public Works may grant or refuse to grant any
exemption request, and may impose conditions as may be determined to be
appropriate - for example and without limiting the generality of the foregoing:
signage on the property indicating the details of the exemption and prior
public notice.
Where an exemption is granted, breach of any condition of the exemption will
immediately render the exemption null and void.
Delegation of Authority for Certain Noise By-law Exemptions - Private Usage
Any person may make an application to the Commissioner of Legal and
Enforcement Services or his/her delegate for an exemption from the
provisions of this By-law related to a time-limited private construction activity
or special event, in accordance with the following:
3.8.1. An exemption shall specify the time period during which it is effective,
and may contain such terms and conditions as the Commissioner of
Legal and Enforcement Services sees fit.
6
By-law Name: Noise By-law
By-law # 6917-14
3.8.2. Applications shall be made by the owner of the land of the source of
sound.
3.8.3. The application shall contain:
(a) the name and address of the applicant, including the legal
description of the property that will be the source of the sound;
(b) a description of the source of sound;
(c) a statement of the particular provision or provisions of the by-law
from which exemption is sought;
(d) the period of time, of a duration not in excess of one (1) week,
during which the exemption is sought;
(e) the reasons why the exemption should be granted; and,
(f) an application fee as set out in the Town's Fees and Charges By-
law.
The Commissioner of Legal and Enforcement Services may grant or refuse to
grant any exemption request, and may impose conditions as may be
determined to be appropriate - for example and without limiting the generality
of the foregoing: signage on the property indicating the details of the
exemption and prior public notice.
Where an exemption is granted, breach of any condition of the exemption will
immediately render the exemption null and void.
4. General
The activities listed in "Schedule 1 - Prohibited Noise" are deemed to be
noises which are likely to disturb the inhabitants of the Town if audible at a
point of reception.
The activities listed in "Schedule 2 - Prohibited Noise by Time and Place" are
deemed to be noises which are likely to disturb the inhabitants of the Town if
the noise occurs within the identified times specified in the schedule and are
audible at a point of reception.
The activities listed in "Schedule 3 - Exempted Noise" are deemed to be
noises which are considered to be reasonable or necessary in consideration
of the circumstances and are exempted from the provisions of this by-law.
5. Schedule(s)
Schedule 1 - Prohibited Noise
Schedule 2 - Prohibited Noise by Time and Place
7
By-law Name: Noise By-law
By-law # 6917-14
Schedule 3 - Exempted Noise
Schedule 4 - Noise By-law # 6917-14 - Administrative Penalties
6. Enforcement and Penalties
The provisions of this by-law may be enforced by an officer.
Every person who contravenes a provision of this By-law is guilty of an
offence and is liable on conviction to a fine as provided for in the Provincial
Offences Act, R.S.O. 1990, c.P.33, as amended.
Administrative Penalty System
Every person who contravenes or fails to comply with a provision of this By-
law is guilty of an offence and is liable to the penalty as set out in Schedule
"4" to this By-law.
Tiered and Escalating Penalties: If a person receives a Penalty Notice in
accordance with the Town's Administrative Penalty By-law for an offence, the
person shall be liable to pay to the Town a tier one (1) administrative penalty
amount for that offence as specified in Schedule "4" to this By-law. If a person
receives an additional Penalty Notice for the same offence within ninety (90)
calendar days or less from the date of the Penalty Notice containing a tier one
(1) administrative penalty amount, the person shall be liable to pay to the
Town a tier two (2) administrative penalty amount for that offence as specified
in Schedule "4" to this By-law. If the person receives a subsequent Penalty
Notice for the same offence within ninety (90) calendar days or less of the
Penalty Notice containing a tier two (2) administrative penalty amount, the
person shall be liable to pay to the Town a tier three (3) administrative penalty
amount for that offence as specified in Schedule "4" to this By-law. If the
person receives any subsequent Penalty Notices for the same offence within
one hundred and eighty (180) calendar days or less from the date of the
Penalty Notice containing a tier three (3) administrative penalty amount, the
person shall be liable to pay to the Town a tier three (3) administrative penalty
amount for that offence as specified in Schedule "4" to this By-law.
7. Short Title
This by-law may be cited as the Noise By-law.
8. Repeal of Existing By-law
By-law No. 292-70, being a by-law to regulated noises calculated to disturb
the inhabitants of the Town of Whitby, is repealed.
By-law No. 531-77, being a by-law to amend By-law No. 292-70, is repealed.
By-law No. 891-79, being a by-law to amend By-law No. 292-70, is repealed.
8
By-law Name: Noise By-law
By-law # 6917-14
By-law No. 6862-14, being a by-law to amend By-law No. 292-70, is repealed.
9. Effective Date
This by-law shall come into force and effect on the day of its passage.
By-law read and passed this 8th day of September, 2014.
Original Approved and Signed
Patricia Perkins, Mayor
Original Approved and Signed
Debi A. Wilcox, Town Clerk
9
By-law Name: Noise By-law
By-law # 6917-14
Schedule 1 - Prohibited Noise
1. The operation of any electronic device or group of connected electronic devices
incorporating one or more speakers and intended for the production,
reproduction or amplification of sound at such a volume that it is audible from the
interior of a residence or business whose occupant has made every reasonable
attempt to mitigate the reception of the noise.
2. Shouting, screaming, yelling, singing or the playing of instruments at such a
volume that it is audible from the interior of a residence or business whose
occupant has made every reasonable attempt to mitigate the reception of the
noise.
3. Racing of any motorized conveyance other than in a racing event regulated by
law or in a facility for racing motorized conveyances that is not otherwise
prohibited by law.
4. The excessive and unnecessary revving of any engine.
5. The operation of a motor vehicle in such a manner that the tires squeal.
6. The operation of any motor vehicle without an exhaust muffling device in good
working order.
7. The operation of a motor vehicle or motor vehicle with a trailer which results in
banging, clanking, squealing or other like sounds due to an unsecured or
improperly secured load or inadequate maintenance of the vehicle or trailer.
8. The operation of a horn or other warning device except where required and
authorized by law or in the interest of good safety practices.
9. The operation of a stereo or other electronic device designed to amplify sound in
a motor vehicle at such a volume that the sound is clearly audible from the
outside of the motor vehicle.
10. Any noise likely to disturb the peace and enjoyment of any inhabitants of the
Town.
10
By-law Name: Noise By-law
By-law # 6917-14
Schedule 2 - Prohibited Noise by Time and Place
Prohibited Times
Type of Noise
Residential and
Parks Area
Commercial,
Industrial,
Agricultural Area
1.
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, except wind chimes, or the
production, reproduction or
amplification of any similar sounds by
electronic means except where
required or authorized by law.
9:00 PM to 7:00 AM
9:00 PM to 7:00 AM
2.
The operation of any electronic
device or group of connected
electronic devices incorporating one
or more speakers or other electro-
mechanical transducers, and
intended for the production,
reproduction or amplification of
sound.
9:00 PM to 7:00 AM
(prohibited at any
time in a parks area,
except in
accordance with
Schedule 3 to this
by-law)
9:00 PM to 7:00 AM
3.
All selling or advertising by shouting
or amplified sound.
Prohibited at any
time
9:00 PM to 7:00 AM
4.
Loading, unloading, delivering,
packing, unpacking, or otherwise
handling any containers, products,
materials or refuse whatsoever,
unless necessary for the
maintenance of essential services.
9:00 PM to 7:00 AM
9:00 PM to 7:00 AM
(permitted at any
time in an industrial
area)
5.
The operation of heavy equipment in
connection with construction or
demolition, automotive repair or
material handling.
8:00 PM to 7:00 AM
(prohibited at any
time on Sundays
and statutory
holidays)
8:00 PM to 7:00 AM
(prohibited at any
time on Sundays
and statutory
holidays)
11
By-law Name: Noise By-law
By-law # 6917-14
Prohibited Times
Type of Noise
Residential and
Parks Area
Commercial,
Industrial,
Agricultural Area
6.
The operation of any motorized
conveyance other than on a highway
or other place where its operation is
permitted by all applicable legislation.
Prohibited at any
time
Generally prohibited
at any time (9:00
PM to 7:00 AM in
permitted locations
pursuant to the
Town's Zoning By-
laws)
7.
The operation of a combustion engine
which is used in a toy or model or
replica, which is not a vehicle.
9:00 PM to 7:00 AM
9:00 PM to 7:00 AM
8.
The operation of any powered or non-
powered tool for domestic purposes.
9:00 PM to 7:00 AM
9:00 PM to 7:00 AM
9.
The operation of any lawn mower,
trimmer or similar device.
9:00 PM
to 7:00 AM
9:00 PM
to 7:00 AM
10.
The operation of any snow thrower,
snow blower or similar device.
10:00 PM
to 6:00 AM
10:00 PM
to 6:00 AM
11.
The operation of solid waste bulk lift
or refuse compacting equipment.
9:00 PM to 7:00 AM
9:00 PM to 7:00 AM
12.
Yelling, whistling, singing, speaking
or the playing of instruments at such
a volume that it is audible off of the
property from which it originates at
any point of reception.
9:00 PM to 7:00 AM
9:00 PM to 7:00 AM
13. The operation of any powered
mechanical or electrical device
located outdoors that is not otherwise
listed in Schedule 2 of this By-law,
and which is not required for the
direct safety or comfort of occupants
within a building.
9:00 PM to 7:00 AM
10:00 PM to 6:00
AM
12
By-law Name: Noise By-law
By-law # 6917-14
Schedule 3 - Exempted Noise
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 provided that a
permit from the Town has first been obtained.
2. Any parade, provided that permission to hold the parade has been obtained from
the Durham Regional Police Services and that a permit has been issued by the
Town, and that there is compliance with all applicable laws.
3. Any special event held by the Town.
4. Any emergency work being carried out by the Town, the Regional Municipality of
Durham, the Ministry of Transportation, any electric utility company; natural gas or
telephone utility.
5. The ringing of school bells or the sounding of a public address system on a property
owned by the Durham District School Board or the Durham Catholic District School
Board or a recognized private school.
6. The sounding of bells or chimes or the use of an apparatus or mechanism for the
amplification of the human voice or of music for the purpose of a call to prayer on a
property operated as a church or a place of worship.
7. Any noise originating from, or caused by, the operation of farm equipment or
machinery for cultivating, seeding, crop maintenance or harvesting purposes on
any lands designated as an agricultural area.
8. Any noise originating from, or caused by, the operation of aircraft or aircraft
movements which are regulated by the Federal government.
9. Any noise originating from, or caused by, the operation of trains or track
maintenance including train whistles, provided a stand-alone by-law prohibiting the
same does not exist.
10. Any fireworks display authorized or permitted by the Town and in compliance with
all applicable legislation including the Fireworks By-law.
11. Necessary operations carried out in the interest of public necessity and
convenience, including but not limited to snow clearing, street cleaning and garbage
collection, undertaken by or on behalf of the Town or the Region.
12. Any snow removal activities which are essential for the effective operation of a
business.
13
By-law Name: Noise By-law
By-law # 6917-14
13. Any reasonable noise resulting from the operation of a business activity provided
that such noise is part of the normal operation of the business and provided that
the business is operating in compliance with the Town's Zoning By-laws and all
other applicable laws.
14
By-law Name: Noise By-law
By-law # 6917-14
Schedule 4 - Administrative Penalties
Item
Short Form Wording
By-law
Section
Tier 1
(one)
Tier 2
(two)
Tier 3
(three)
1.
Cause/permit prohibited noise
3.1.
$350.00
$500.00
$750.00
2.
Cause/permit prohibited noise by Time
and/or Place
3.2.
$350.00
$500.00
$750.00