Noise Control By-law - Chapter 554

Clerk and Deputy Clerks – defined

“Clerk” and “Deputy Clerk” shall mean the Clerk and Deputy Clerk(s) of The Corporation of the City of Brantford. By-law 32-2017, 28 February, 2017

Construction – defined

“construction” includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, landclearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street andhighway building, concreting, equipment installation and alteration and the structural installation of construction components andmaterials in any form or for any purpose, and includes any work in connection therewith. By-law 32-2017, 28 February, 2017

Construction equipment – defined

“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 androllers, pumps, concrete mixers, graders or other material handling equipment. By-law 32-2017, 28 February, 2017

Conveyance – defined

“conveyance” includes a vehicle and any other device employed to transport a person or persons or goods, from place to place butdoes not include any such device or vehicle if operated only within the premises of a person.  By-law 32-2017, 28 February, 2017

Council – defined

“Council”  means  the  Council  of  The  Corporation  of  the  City  of Brantford. By-law 32-2017, 28 February, 2017

Director – defined

“Director” means the City’s Director of By-law and Security and/or their designate.

Highway – defined

“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. By-law 32-2017, 28 February, 2017

Minister – defined

“Minister” means Minister of the Environment.  By-law 32-2017, 28 February, 2017

Ministry – defined

“Ministry” means Ministry of the Environment. By-law 32-2017, 28 February, 2017

Motor vehicle – defined

“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 snowvehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of theHighway Traffic Act. By-law 32-2017, 28 February, 2017

Motorized conveyance – defined

“motorized conveyance” means a conveyance propelled or driven otherwise than by muscular, gravitational or wind power. By-law 32-2017, 28 February, 2017

Municipality – defined

“municipality” means the land within the geographic limit of the City of Brantford. By-law 59-80, 24 May, 1980; By-law 32-2017, 28 February, 2017

Noise – defined

“noise” means sound and vibration arising therefrom, emitted in such a manner or with such volume as to likely disturb localinhabitants. By-law 38-2009, 6 April, 2009; By-law 32-2017, 28 February, 2017

Noises Likely to Disturb – defined

“noises likely to disturb” include a noise which disturbs a police officer (or by-law officer) investigating complaints which are received in regard to enforcement of this Chapter, the noise or sound caused or made by an amplifier or loud speaker carried in or attached to a motor vehicle being operated or standing on a public highway and the noise or sounds caused or made by an amplifier or loud speaker carried in or attached to a motor vehicle being operated or standing on a public highway. By-law 21-2018, 27 February, 2018

Noise Control Administrator – defined

“Noise Control Administrator” means the person or persons designated by Council as responsible for the administration of thisChapter and shall be the Chief of Police of the City of Brantford, and the Director of Bylaw and Security for the City of Brantford. By-law 32-2017, 28 February, 2017, Bylaw 148-2024 29, October 2024

Officer - defined

“Officer” means a Municipal Law Enforcement Officer appointed under any federal or provincial statute or regulation or City by-law or any other person assigned or appointed by Council of the City to administer or enforce this By-law and includes a person employed by the City whose duties are to enforce this By-law. By-law 148-2024 29, October 2024

Person – defined

“Person” shall mean an individual, firm, corporation, association or partnership and includes an Owner. Bylaw 148-2024 29, October 2024

Point of reception – defined

“point of reception” means any point on the premises of a person where sound or vibration originating from other than thosepremises is received.  By-law 32-2017, 28 February, 2017

Property – defined

“Property” means land, including a building or structure, or part of a building or structure. Bylaw 148-2024 29, October 2024

Shall – mandatory

The word “shall” is mandatory and not directory. By-law 32-2017, 28 February, 2017

Singular - plural - present - future tense

Words in the singular include the plural; words in the plural include the singular number; and words in the present tense includethe future. By-law 59-80, 24 May, 1980; By-law 32-2017, 28 February, 2017.

Designated area

The provisions of this Chapter shall apply to all land within the geographical limits of the City of Brantford. By-law 59-80, 24 May,1980; By-law 115-93, 20 September, 1993

Designated area – exception

Nothing in this chapter shall prohibit any operational noise from lands zoned for Commercial or Industrial uses which are permitted to escape through open doors, windows or apertures and are audible from a distance of 70 metres to a Residentially zoned property except between the hours of 10:00pm to 7:00am Monday to Saturday and 10:00pm to 9:00am Sundays. By-law 21-2018, 27 February, 2018

Interpretation

For the purposes of Section 554.2.2, “manufacturing industry,” “research industry,” “wholesale industry,” “warehouse industry,” and “industry engaged in the storage of goods, materials or things” shall have the same meanings as those terms have in the City of Brantford Applicable Zoning By-law, as amended from time to time.

Environmental Protection Act – prohibition

Nothing in this Chapter shall be interpreted to authorize the making of any noise where the same would be a contravention of theEnvironmental Protection Act.

Environmental Protection Act – authorization

Nothing in this Chapter shall prohibit the making of any noise where such noise is made under the authority of a Certificate ofApproval or Provisional Certificate of Approval issued pursuant to the provisions of the Environmental Protection Act. By-law115-93, 20 September, 1993.

Emission - prohibited - Schedule ‘A’

No person shall emit or cause or permit the emission of noise resulting from any act listed in Schedule ‘A’ of this Chapter, from anypoint located on land within the geographical limits of the City of Brantford, within a prohibited time shown in said Schedule ‘A’ ifsaid emission is clearly audible at any point of reception located on land within the geographical limits of the City of Brantford.

Emission - noise – acts

No person shall emit or cause or permit the emission of noise resulting from an act listed in this Article, and which noise is clearlyaudible at a point of reception within the geographical limits of the City of Brantford. By-law 9-80, 24 May, 1980; By-law 115-93,20 September, 1993; By-law 38-2009, 6 April, 2009

Racing - motorized conveyance – exception

Racing of any motorized conveyance other than in a racing event regulated by law is prohibited.

Tires – squeal

The operation of a motor vehicle in such way that the tires squeal is prohibited.

Operation - engine - ineffective muffler

The operation of any combustion engine or pneumatic device without an effective exhaust or intake muffling device in goodworking order and in constant operation is prohibited. By-law 59-80, 24 May, 1980.

Trailer - insecure load - inadequate maintenance

The operation of a vehicle with a trailer resulting in banging, clanking, squealing or other like noises due to improperly secured loador equipment, or inadequate maintenance is prohibited. By-law 38-200, 6 April, 2009.

Operation - horn - not required – unauthorized

The operation of a motor vehicle horn or other warning device except where required or authorized by law or in accordance withgood safety practices is prohibited.

Construction equipment - with ineffective muffler

The operation of any item of construction equipment without effective muffling devices in good working order and in constantoperation is prohibited. By-law 59-80, 24 May, 1980

Loud speakers and amplifiers – noise

The noise or sounds caused or made by an amplifier or loud speaker carried in or attached to a motor vehicle being operated or standing on a public highway is prohibited. By-law 21-2018, 27 February, 2018

Emission - legal – acts

Notwithstanding any other provisions of this Chapter, it shall be lawful to emit or cause or permit the emission of noise in connectionwith emergency measures undertaken. By-law 38-2009, 6 April, 2009

Immediate health - safety – welfare

Incidental noise for the immediate health, safety or welfare of the inhabitants or any of them is permissible.

Preservation - restoration - property - exception

Incidental noise for the preservation or restoration of property; unless such sound or vibration is clearly of a longer duration ornature more disturbing, than is reasonably necessary for the accomplishment of such emergency purpose is permissible. By-law 59-80, 24 May, 1980.       

Application – conditions – requirements

Notwithstanding anything contained in this Chapter, any person may make application to the City Clerk or Deputy Clerk, in a form and with such content as required by the City Clerk or Deputy Clerk, to be granted an exemption from any of the provisions of this Chapter with respect to any source of noise for which such person might be prosecuted, and the City Clerk or Deputy Clerk may refuse to grant any exemption or may grant the exemption applied for or any exemption of lesser effect, and any exemption so granted shall specify the time period, not in excess of six (6) months, during which said exemption shall be effective, and may contain such terms and conditions as the City Clerk or Deputy Clerk sees fit. By-law 32-2017, 28 February, 2017

Breach - exemption – void

Breach by the applicant of any of the terms or conditions of the exemption shall render the exemption null and void. By-law 59-80,24 May, 1980

Application – fee

An application fee of one hundred dollars ($100.00) shall be submitted along with any application for an exemption from the provisions of this Chapter. Applications not accompanied by the required application fee shall be rejected without further notice to the applicant. By-law 32-2017, 28 February, 2017.

Application – notification requirement

Prior to making an application for an exemption pursuant to subsection 554.5.1 above, the applicant shall provide written notice, by way of personal service or regular or registered mail, to all residential properties located within one hundred and twenty (120) metres of the proposed event location, at least sixty (60) days prior to the proposed event wherein the noise will be emitted. The required notification shall be in a form and with such content as required by the City Clerk or Deputy Clerk. A copy of the notice, along with confirmation of the required distribution, must be attached to the application form for the exemption and submitted to the City Clerk or Deputy Clerk. By-law 32-2017, 28 February, 2017

Permit – Issued – Displayed

If an application for exemption is approved pursuant to subsection 554.5.1 above, the City Clerk or Deputy Clerk shall issue a permit to the applicant providing for the noise exemption and noting the period of time to which the exemption shall apply, as well as the conditions attached to said exemption. The applicant shall display said permit in a conspicuous location at the premises where the noise will be emitted, so that said permit is visible to the general public. The permit shall remain displayed in the manner required pursuant to this subsection 554.5.7 until such time as said permit expires. By-law 32-2017, 28 February, 2017

Emission - permitted – acts

Notwithstanding any other provisions of this Chapter, this Chapter does not apply to a person who emits or causes or permits theemission of noise in connection with any of the activities set out in Sections 554.6.2 through 554.6.7 inclusive. By-law 38-2009, 6 April, 2009

Parade – authorized

Incidental noise from any parade duly authorized by the City of Brantford Police Force is permissible.

Bells - chimes - Church activities

Incidental noise from the use of bells or chimes normally associated with Church activities is permissible.

Carnival - circus - midway - valid licence

Incidental noise from any carnival, midway or circus holding a valid licence issued by The Corporation of the City of Brantford ispermissible.  By-law 59-80, 24 May, 1980

Event - performance - permit – issued

Incidental noise up to 11:00 p.m. from any sporting, recreational, musical, entertainment or other event or performance in municipal parks, Harmony Square, or municipal buildings for which a permit has been issued by the Parks and Recreation Department of theCity of Brantford is permissible. By-law 38-2009, 6 April, 2009

Activities - maintenance - essential services

Incidental noise from all activities of The Corporation of the City of Brantford, or its servants or agents, associated with the provision of maintenance and essential services is permissible.

Firework - detonation - authorized - Fire Department

Incidental noise from the detonation of fireworks duly authorized by the City of Brantford Fire Department is permissible.

Practices - procedures - by resolution

The Council of The Corporation of the City of Brantford may make regulations by resolutions:

a) prescribing and governing practices and procedures on appeals to Council under this Chapter and respecting any matter arising from or incidental to such appeals and providing for time limits for such appeals;

b) prescribing and governing practices and procedures on applications for exemption from any of the provisions of thisChapter as provided in Sections 554.5.1 and 554.5.2.  By-law 59-80, 24 May, 1980.

Fine - for contravention

Every person who contravenes any of the provisions of this Chapter is guilty of an offence and shall, upon conviction thereof,forfeit and pay a penalty of not more than $5,000, exclusive of costs and every such fine is recoverable under the ProvincialOffences Act. By-law 55-92, 23 March, 1992.

Officers

The provisions of this Chapter shall be enforced by Municipal Law Enforcement Officers designated by Council, and by members of the Brantford Police Force.

Powers of Entry

An Officer may enter onto Property at any reasonable time for the purpose of carrying out an inspection to determine whether any provision of this By-law or an Order made under this By-law is being complied with. Bylaw 148-2024 29, October, 2024

Inspection
For the purposes of conducting an inspection pursuant to this By-law, an Officer may:

a) require the production for inspection of documents or things relevant to the inspection;

b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;

c) require information from any Person concerning a matter related to the inspection; and

d) alone, or in conjunction with a Person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purpose of inspection.

By-law 148-2024 29, October, 2024

Obstruction

No Person shall prevent, hinder or obstruct, or attempt to hinder or obstruct an Officer who is exercising a power or performing a duty under this By-law. Bylaw 148-2024 29, October, 2024

 By-laws - previous

City of Brantford By-laws 2283, 54-75, and 14-80 are herewith repealed. Section (9) of City of Brantford By-law 877 is herewithrepealed. By-law 59-80, 24 May, 1980.

Minister of Environment - approval - By-law 59-80

By-law 59-80 was approved by Harry Parrott, Minister of the Environment, pursuant to the provisions of the EnvironmentalProtection Act, at Toronto on the 24th day of May, 1980.

Minister of Environment - approval - By-law 115-93

By-law 115-93, amending By-law 59-80, was approved by the Minister of Environment and Energy, pursuant to the provisions ofthe Environmental Protection Act, on the 10th day of November, 1993. By-law 38-2009, 6 April, 2009

By-law 38-2009, 6 April, 2009; Schedule ‘A’; By-law 38-2013, 22 April, 2013; By-law 32-2017, 28 February, 2017; By-law 21-2018, 27 February, 2018; By-law 149-2021, 22 June, 2021.