The Noise Control By-law 360-79, as amended, states that no person shall emit or cause or permit the emission of sound resulting from an act listed in Schedule 1 to this by-law and which sound is clearly audible at a point of reception. The Nuisance Noise By-law 785-80, as amended, states that no one shall create or permit a noise to bother the inhabitants of the City of Mississauga.
The enforcement process for these by-laws is unique in that, if the matter is not resolved through the intervention of Compliance and Licensing Enforcement, it may be necessary for the complainant to become involved in the process if the matter proceeds to a form of legal action. This is necessary as the complainant is essentially the witness to the violation.
The following excerpt outlines the procedure followed by Compliance and Licensing Enforcement with respect to investigating nuisance noise and noise control complaints:
Upon receipt of your complaint, correspondence will be sent out advising the person(s) that a complaint has been registered and that they are required under the By-law to take whatever action is necessary to eliminate the nuisance. Your identity as the complainant is not disclosed by Compliance and Licensing Enforcement. You will receive correspondence verifying that the person responsible for generating the noise has been warned.
In the event that the warning issued does not resolve the noise problem, we ask that you keep a written record of the dates and times that the noise is occurring. For your convenience, a statement form has been developed and we encourage all complainants to utilize this form as it has important information on it relating to evidentiary and court procedures. When you have accumulated approximately 3-4 weeks, thereby indicating a continuous nuisance, you should provide Compliance and Licensing Enforcement with a copy of these hand written notes. If you are willing to attend court and testify to the noise problem, the Municipal Law Enforcement Officer (MLEO) will then prepare the necessary documents to initiate Court action. The MLEO will attend the Ontario Court of Justice to have the contents of the Information and Summons sworn before a Justice of the Peace (JP) and will then serve the Summons to the Defendant.
You will be notified of the dates and times when your matter will go before the court. It is imperative that you attend as required or the case will be dismissed.
Please be advised that your name, address and phone number is confidential when this office receives your complaint. However, should the matter proceed to Court your name and that of any witnesses becomes part of the public record.
The maximum fine for failing to comply with the Nuisance Noise By-law or the Noise Control By-law is $5,000.
This information is for convenience and quick reference only. For specific information or to register a complaint contact our Citizen Complaint Centre by dialing 3-1-1 (Monday to Friday from 7:00 a.m. - 7:00 p.m.). If calling outside City limits, please dial 905-615-4311. For an emergency after hours from 7:00 p.m. to 7:00 a.m. and weekends and holidays, please dial 905 615-3000.