Guide
What the Noise Control By-law bans, the night hours, exemption permits and who to call.
Hamilton's Noise Control By-law No. 11-285 says no one may make or permit an unreasonable noise or a noise likely to disturb the city's inhabitants, at any hour. Some noises are deemed disturbing outright, including construction or loading clearly audible at a neighbouring property between 10 p.m. and 7 a.m. To complain, call Municipal Law Enforcement at 905-546-2782 on weekdays or 905-546-2489 (905-546-CITY) after hours.
No person may make or permit to be made an unreasonable noise, or a noise that is likely to disturb the inhabitants of the City. The rule is not limited to night-time: it applies at any hour, and the by-law lists sources that are deemed unreasonable or disturbing.
Construction or loading that is clearly audible at a point of reception (any point on another property) between 10 p.m. of one day and 7 a.m. of the next is deemed an unreasonable noise. Construction or loading between 7 a.m. and 7 p.m. of one day is exempt from the by-law.
The by-law does not apply to noise from delivering goods to retail businesses, restaurants (including cafes and bars), hotels and motels, or goods distribution facilities.
A radio, amplifier, speaker or similar device is deemed an unreasonable noise if it is clearly audible at a point of reception (another property), or if it is projected into a public place to advertise a good or service. In or on a vehicle, such a device is deemed unreasonable if it is clearly audible at least 8 m from the vehicle.
A combustion or electric engine used for recreation, such as a model airplane or all-terrain vehicle engine, is deemed an unreasonable noise if it is clearly audible at a point of reception and is used between 10 p.m. and 7 a.m., or for more than 1 hour in total between 7 a.m. and 10 p.m. of one day.
The by-law also deems disturbing: a bell, horn, siren or other warning device used when unnecessary or for an unreasonable time; a vehicle in disrepair or with a maladjusted load; engine exhaust without a working muffler; and an animal whose noise is persistent and clearly audible at a point of reception, except an animal on a farm.
The by-law does not apply to noise from authorized vehicles (such as police, City emergency services, public works and the Hamilton Street Railway), emergency measures, traffic-control signals, normal farm practices, filming under a City film permit, activities at Tim Horton's Field, and events held under a City Special Event permit.
A Special Event exemption still requires that noise not begin before 11 a.m., end before midnight, and stay within 90 dBA measured 10 m from the source and 60 dBA at a point of reception, unless the event permit sets other conditions.
Yes, by applying for a Noise Exemption Permit. There are two types: Construction, for work outside the permitted times of 7 a.m. to 10 p.m., and Event, for amplified sound on private property such as a fundraiser, backyard party, wedding or cultural event. The application fee is $280. Submit the form and fee in person, by mail, or by email to mle@hamilton.ca, with as much notice as possible.
Amplified sound may not exceed 90 dBA measured 10 metres from its source, or 60 dBA at any other property. The permit must be posted where police and by-law officers can see it, the volume must come down at their request, and the permit expires if any condition is breached.
Monday to Friday from 8:30 a.m. to 4:30 p.m., call 905-546-2782 and choose option 1 to speak with a by-law clerk. Outside business hours, call 905-546-CITY (2489) to log a complaint. On Friday and Saturday from 5 p.m. to 1 a.m., calling 905-546-CITY (2489) has a by-law officer dispatched immediately.
For a police, fire or medical emergency, call 911.
Call Animal Services at 905-574-3433 (Monday to Friday, 8:30 a.m. to 4:30 p.m.) or the Customer Contact Centre at 905-546-2489 after hours, on weekends and holidays, or use the City's online form. Anonymous complaints are not accepted. The City tells the owner a complaint was made but not who made it; if the barking continues you file a second complaint and an officer is assigned.
If the officer finds enough evidence, an Administrative Penalty Notice and/or a Fee for Inspection may be issued.
An officer may order the person responsible, or the owner or occupier of the property, to stop the contravening activity. On conviction, a person other than a corporation is liable to a fine of not more than $10,000 for a first offence and $25,000 for a second or subsequent offence; a corporation faces up to $50,000 and $100,000.
City of Hamilton
By-law No. 11-285, Noise Control By-law (Consolidation)City of Hamilton
Property Use By-lawsCity of Hamilton
Register a By-law ComplaintCity of Hamilton
File an Animal-Related By-law Complaint