Hamilton : Règlement no 11-285, art. 5(6) — Noise Control By-law

The conditions that the Director may impose on an exemption permit include but are not limited to:

• (a) the type and volume of the noise that may be made;
• (b) the times during which noise may be made;
• (c) the period of time during which the exemption permit is in effect;
• (d) that a qualified individual or qualified individuals, as determined by the Director, monitor the noise and file a report with Director at the applicant's expense.
• (e) An applicant for an exemption permit may appeal the decision of the Director to the Planning Committee within 10 days of the Director’s decision being made.
• (f) Upon receipt of a completed appeal, the Director shall notify the applicant once an appeal date before the Planning Committee has been set and if the applicant does not attend on the appeal date, the Committee may proceed in their absence and the applicant shall not be entitled to further notice in the proceeding.
• (g) Council may uphold or vary the recommendation or recommendations of the Planning Committee or do any act or make any decision it might have done had it conducted the appeal itself and the applicant shall not be entitled to a further hearing of the appeal before Council. The decision of Council shall be final.
• (h) An exemption permit issued under this section expires upon a breach of any of its conditions. (6A) The conditions that the Director shall impose on an exemption permit for entertainment on

a commercial outdoor patio are that:

• (a) the noise have a maximum equivalent sound level
• (Leq) of 60 dBA measured at the property line;
• (b) the noise be made only on Thursdays, Fridays and Saturdays from 11 am to 11 pm;
• (c) the sound equipment, if any;
• (i) be only the sound equipment approved under the exemption permit;
• (ii) be placed and used in accordance with the Floor Plan and Certificate of Compliance approved under the exemption permit;
• (d) The operator of the food premises where the commercial outdoor patio is located otherwise comply with applicable City by-laws and other law. [As Amended, By-law 17-068 s.4] (Amended October, 2021) BY-LAW NO. 11-285 NOISE CONTROL BY-LAW Page 8 of 12 ADMINISTRATION AND ENFORCEMENT General 7.(1) The Director is authorized to administer and enforce this By-law including but not limited to:
• (a) arranging for:
• i. the assistance or work of City staff, City agents or the assistance of police officers;
• ii. the making of orders or other requirements and the imposition of conditions as authorized under this By-law;
• iii. the obtaining of court orders or warrants as may be required;
• iv. the commencement of such actions on behalf of the City to recover costs or restrain contravention of this By-law as deemed necessary;
• (b) prescribing the format and content of any forms or other documents required under this By-law.