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## The Corporation of the Town of Essex
## By-Law Number 2422
## Being a by-law to prohibit and regulate noise in the Town of Essex
WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended, provides that a municipality may prohibit and regulate with respect to public nuisances, including matters that in the opinion of Council are or could become public nuisances;
AND WHEREAS Section 129 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended, provides that a municipality may pass by-laws to prohibit and regulate with respect to noise;
AND WHEREAS in the opinion of the Council of the Corporation of the Town of Essex, excessive sounds and inadequately controlled noise may impair public health, safety and welfare and could become a public nuisance;
AND WHEREAS in the opinion of the Council of the Corporation of the Town of Essex, that for the benefit of individuals and the public at large, there must be regulations and prohibitions to the making of noise;
NOW THEREFORE be it resolved that the Council of the Corporation of the Town of Essex hereby enacts as follows:
## 1.0 DEFINITIONS
- 1.1 "Agricultural Area" means those areas within an Agricultural District in the Zoning By-Law as may be amended from time to time pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended.
- 1.2 "Agricultural Operation" has the same meaning as contained in the Farming and Food Production Act, 1998, S.O. 1998, c. 1, as amended, or any successor legislation.
- 1.3 "Bird Banger" means a propane-fired cannon that emits sounds to scare away birds from an Agricultural Operation.
- 1.4 "Commercial Area" means those areas within a Commercial District and all other area designations in the Zoning By-Law, save and except for Residential Areas and Agricultural Areas, as may be amended from time to time pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended.
- 1.5 "Construction" includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting, 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.
- 1.6 "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, offhighway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders or other material handling equipment.
- 1.7 "Corporation" means the Corporation of the Town of Essex.
- 1.8 "Council" means the Council of the Corporation of the Town of Essex.
- 1.9 "Decibel" means the unit used to measure the intensity of the sound.
- 1.10 "Discharge of Firearms By-Law" means any by-law enacted by Council to prohibit or regulate the discharge of firearms within the Town of Essex.
- 1.11 "Discretion" refers to the authority granted to law enforcement officers (or other officials) to make decisions based on their judgment, experience, and assessment of a situation.
- 1.12 "Fireworks By-Law" means any by-law enacted by Council to prohibit and regulate the setting off of fireworks in the Town of Essex.
- 1.13 "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.
- 1.14 "Industrial Area" means those areas within a Manufacturing District in the Zoning By-Law as may be amended from time to time pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended.
- 1.15 "Motor Vehicle" has the same meaning as contained in the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, or any successor legislation.
- 1.16 "Motorized Conveyance" means a conveyance propelled or driven otherwise than by muscular, gravitational or wind power.
- 1.17 "Municipal Law Enforcement Officer" means a person appointed by Council as a Municipal By-Law Enforcement Officer, a Police Officer, a Provincial Offences Officer or any other individual duly appointed to enforce this By-Law.
- 1.18 "Noise" means sound that is of such loud volume or continuous duration that it creates a nuisance and is likely to disturb the inhabitants of any dwelling.
- 1.19 "Normal Farm Practice" has the same meaning as contained in the Farming and Food Production Act, 1998, S.O. 1998, c. 1, as amended, or any successor legislation.
- 1.20 "Persistent" means any Noise that is continuously heard for a period of ten minutes or more or intermittently over a period of one hour or more.
- 1.21 "Person" means a person, firm, association, partnership, joint venture, corporation or any entity, public or private in nature.
- 1.22 "Point of Reception" means any premises or location where sound is received, other than the premises from which the sound originates.
- 1.23 "Police Officer" means a person appointed as police officer, cadet or auxiliary member of the Ontario Provincial Police or any other police force having jurisdiction within the Town of Essex.
- 1.24 "Premises" means a parcel of land and includes any buildings and structures on the land.
- 1.25 "Residential Area" means those areas within a Residential District in the Zoning By-Law as may be amended from time to time pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P-13, as amended.
- 1.26 "Sound Level Meter" is an instrument, approved by the Town's Manager, Legal, Licensing, and Enforcement, used for acoustic measurements considering the common standards applicable to such device. It is a common hand-held
instrument with a microphone attached. Also commonly known as a Sound Pressure Level (SPL) Meter.
- 1.27 "Temporary Noise Permit" means a Temporary Noise Permit issued by the Town and/or its Special Event Resource Team under the authority under this By-Law.
- 1.28 "Town" means the Corporation of the Town of Essex or the geographical limits of the Town of Essex, as the context suggests.
- 1.29 "Zoning By-Law" means a By-Law enacted by the Town of Essex under Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended
## 2.0 GENERAL PROHIBITIONS
- 2.1 No Person within the boundary of the Town shall emit or cause or permit the emission of noise resulting from an act listed herein, and which sound is clearly audible at a Point of Reception:
- a) The detonation of fireworks or explosive devices not used in Construction, save and except in accordance with the Fireworks By-Law.
- b) The discharge of firearms, save and except in accordance with the Discharge of Firearms By-Law.
- c) The sound from or created by an radio, phonograph, tape player, television, public address system, sound equipment, loud speaker, or any musical or sound producing instrument of whatever kind when the same is played or operated in such a manner or with such volume as to disturb the peace, quiet, comfort or repose of any individual in any office, dwelling house, apartment, hotel, hospital or any other type of residence.
- i) Between the hours of 7:00 AM and 4:00 PM volume emanating from the property must not, at the point of reception, exceed 45 decibels or the ambient background noise, whichever is louder;
- ii) Between the hours of 4:00 PM and 11:00 PM, volume emanating from the property must not, at the point of reception, exceed 55 decibels or the ambient background noise, whichever is louder; and
- iii) Between the hours of 11:00 PM and 7:00 AM volume emanating from the property must not, at the point of reception, exceed 40 decibels or the ambient background noise, whichever is louder.
- d) Persistent barking, calling or whining or other similar Persistent Noise making by a domestic pet or any other animal kept or used for any purpose other than agricultural.
- e) Racing of any Motorized Conveyance other than in a racing event regulated by law.
- f) The operation of a Motor Vehicle in such a way that the tires squeal.
- g) The operation of any combustion engine or pneumatic device without an effective exhaust or intake muffling device in good working order and in constant operation.
- h) The operation of a Motor Vehicle or a Motor Vehicle with a trailer resulting in banging, clanging, squealing or other like sounds due to improperly secured load or equipment, or inadequate maintenance.
- i) The operation of an engine or motor in, or on, any Motor Vehicle or item of attached auxiliary equipment for a continuous period exceeding five minutes, while such Motor Vehicle is stationary in a Residential Area unless:
- i) the original equipment manufacturer specifically recommends a longer idling period for normal and efficient operation of the Motor Vehicle in which case such recommended period shall not be exceeded; or
3. ii) operation of such engine or motor is essential to the basic function of the Motor Vehicle or equipment, including but not limited to, operation of ready-mixed concrete trucks, lift platforms and refuse compactors; or
4. ill) weather conditions justify the use of heating and refrigerating systems powered by the motor or engine for the safety and welfare of the operator, passengers or animals, or the preservation of perishable cargo, and the Motor Vehicle is stationary for purposes of delivery or loading; or
5. iv) prevailing low temperatures make longer idling periods necessary immediately after starting the motor or engine; or
- v) the idling is for the purpose of cleaning and flushing the radiator and associated circulation system for seasonal change of antifreeze, cleaning of the fuel system, carburetor or the like, when such work is performed other than for profit.
- j) The operation of a Motor Vehicle horn or other warning device except where required or authorized by law or in accordance with good safety practices.
- k) The operation of any item of Construction Equipment in a Residential Area, Agricultural Area or Commercial Area without effective muffling devices in good working order and in constant operation.
- 1) Dynamic or engine breaking or engine retarding of a motor vehicle.
- m) No person shall make a frivolous or vexatious complaint in respect of a premises.
11. 2.2 The General Prohibitions under Section 2 are at the sole discretion of an Officer (acting reasonably).
## 3.0 PROHIBITIONS BY TIME AND PLACE
- 3.1 No Person within the Town shall emit, cause or permit the emission of noise resulting from any act listed in Schedule "A" attached hereto and forming part of this By-Law, if clearly audible at a Point of Reception located in an area of the Town within a prohibited time shown for such an area.
## 4.0 EXEMPTION FOR PUBLIC SAFETY
- 4.1 Notwithstanding any other provisions of this By-Law, it shall be lawful to emit or cause or permit the emission of sound or vibration in connection with emergency measures undertaken for the purposes listed herein, unless such sound or vibration is clearly of a longer duration or nature more disturbing than is reasonably necessary for the accomplishment of such emergency purpose:
- a) For the immediate health and safety, or welfare of the inhabitants or any of them; or
- b) For the preservation or restoration of property.
## 5.0 EXEMPTION FOR ESSENTIAL SERVICES
- 5.1 Notwithstanding any other provisions of this By-Law, essential services and incidental Noise from all activities of the Corporation of the Town of Essex, or its agents, associated with the provision of maintenance and essential services is permissible.
## 6.0 EXEMPTION OF TRADITIONAL, FESTIVE OR RELIGIOUS ACTIVITIES
- 6.1 Notwithstanding any other provisions of this By-Law, this By-Law does not apply to a Person who emits or causes or permits the emission of sound or vibration in connection with any of the hereinafter listed traditional, festive, religious and other activities, namely:
- a) Ringing of bells or chimes at a place of worship;
- b) Harrow Fair Parade;
- c) Legion Remembrance Day Parades;
- d) Santa Claus Parades;
- e) Essex Fun Fest Parade; and
- f Events approved by the Special Event Resource Team (SERT) of the Town.
## 7.0 EXEMPTION OF NORMAL FARM PRACTICES
- 7.1 Notwithstanding any other provisions of this By-Law, this By-Law does not apply to the operation of any machine or equipment that falls within the classification of a Normal Farm Practice as determined on a case by case basis by the Normal Farm Practices Protection Board as provided for under the Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1 and administered by the Ontario Ministry of Agriculture, Food and Rural Affairs.
## 8.0 BIRD BANGER REGULATIONS
- 8.1 No Person shall operate a Bird Banger on land that is not an Agricultural Operation.
- 8.2 Unless a particular location and use has been deemed a Normal Farm Practice in accordance with Section 7.1 of this By-Law, every Person and Agricultural Operation shall comply with the following regulations taken from the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) Best Management Practices for the Use of Bird Bangers:
- a) Start operating Bird Bangers no earlier than three to four weeks prior to veraison (onset of the ripening of the grapes) and stop right after harvest;
- b) Operate Bird Bangers only during daylight hours, between 30 minutes before local sunrise and 30 minutes after local sunset;
- c) Do not place Bird Bangers within a grape row directly in line with a neighbour's house, as the row canopy can channel the sound towards the house.
- d) Monitor Bird Bangers so they operate properly, especially those not on, or near, the home farm.
- e) Use light sensor over-ride devices to ensure Bird Bangers cannot operate at night, even if timers are adjusted improperly, especially on properties where the vineyard manager lives off-site.
## 9.0 TEMPORARY NOISE PERMIT
- 9.1 Any Person may make application to the Town and/or its Special Event Resource Team requesting the granting of a variation from any of the provisions of this ByLaw by the issuance of a Temporary Noise Permit in the sole discretion of the
- 9.2 The application for the issuance of a Temporary Noise Permit shall be sent to the attention of the Clerk and shall be made using the application form provided at least thirty (30) days prior to the commencement of the requested exemption and shall contain:
- a) the name and address of the applicant;
- b) a description of the source of sound in respect of the sought exemption;
- c) a statement of the particular provision or provisions of this By-Law from which exemption is sought;
- d) the period of time for which the exemption is sought; and
- e) the reason why the exemption should be granted and the sound mitigation measures that are being taken to limit the noise.
- 9.3 The Town and/or its Special Event Resource Team may impose such conditions on the Temporary Noise Permits as may be appropriate including but not limited to:
- a) the type and volume of sounds that may be made;
- b) the times during which sounds may be made;
- c) the date of expiry of the Temporary Noise Permit;
- d) requiring the posting of security prior to the activity; and
- e) requiring that the applicant, Town staff or a professional engineer monitor the sound levels resulting from the event or activity and requiring a report of the findings of the engineer to be filed with the Town of Essex within 30 days of the event or activity, all at the applicant's expense.
- 9.4 Any Temporary Noise Permit issued under this By-Law shall expire on the date set out on the Temporary Noise Permit, or if no date is set out on the Temporary Noise Permit, the permit shall expire forty-eight (48) hours after its issuance.
- 9.5 Any breach by the holder of the Temporary Noise Permit of any of its terms or conditions shall render the Temporary Noise Permit null and void.
- 9.6 No holder of a Temporary Noise Permit shall fail to comply with the terms and conditions of the Temporary Noise Permit.
## 10.0 VALIDITY AND SEVERABILITY
- 10.1 If a court of competent jurisdiction declares any provision, or any part of a provision, of this By-Law to be invalid, or to be of no force and effect, the validity of the remainder of this By-Law shall not be affected and shall remain in full force.
## 11.0 ENFORCEMENT
- 11.1 This By-Law may be enforced by a Municipal Law Enforcement Officer or Police Officer, as defined in this By-Law.
- 11.2 A Municipal Law Enforcement Officer or Police Officer may at all reasonable times enter upon any Premises other than dwellings in order to ascertain whether the provisions of this By-Law are being observed or to enforce this By-Law.
- 11.3 No Person shall obstruct or attempt to obstruct any Person having authority for the enforcement of this By-Law.
## 12.0 CONFLICT WITH OTHER BY-LAWS
- 12.1 If there is a conflict between a provision of this By-Law and a provision of any other By-Law of the Town of Essex, the more restrictive provision shall prevail.
## 13.0 OFFENCES AND PENALTIES PROVISION
- 13.1 Every Person who contravenes any of the provisions of this By-Law is guilty of an offence and, upon conviction, is liable to fine as provided for under the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended:
- a) any Person, other than a corporation, convicted under this By-Law is liable upon a first conviction, to a minimum fine of $100.00 and a maximum fine of $5,000.00, and upon a subsequent conviction, to a minimum fine of $500.00 and a maximum fine of $10,000.00.
- b) any corporation convicted under this By-Law is liable upon a first conviction, to a minimum fine of $100.00 and a maximum fine of $10,000.00, and upon a subsequent conviction, to a minimum fine of $1,000.00 and a maximum fine of not more than $25,000.00.
- 13.2 Where a Person contravenes any provision of this By-Law, each day or part of a day that the contravention continues is a separate offence.
## 14.0 REPEAL
- 14.1 Upon the passage of this By-Law and an issued order approving the applicable set fines thereto, By-Law No. 2038 and all amendments thereto, shall be repealed.
- 14.2 Every act taken pursuant to the predecessor to this By-Law shall, as necessary, be deemed to have been taken pursuant to this By-Law and every such act may be carried to its conclusion pursuant to the authority granted by this By-Law.
- If an act has been validly commenced pursuant to the predecessor to this By-Law and authority for such act does not exist pursuant to this By-Law then such act may be continued to its conclusion and the portions of the predecessor to this By-Law necessary to permit such act to be concluded shall be deemed to remain in effect for the purposes of bringing such act to a conclusion.
## 15.0 ENACTMENT
- 15.1 The short title of this By-Law shall be the "Noise Control By-Law".
- 15.2 This By-Law shall come into full force and effect upon the receipt of an issued order approving the applicable set fines hereto.
Read a first and a second time and provisionally adopted on March 3, 2025
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Mayor
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## Read a third time and finally passed on March 17, 2025
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Mayor
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| | | | | | | Item |
|-------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------|
| The operation of a commercial car wash with air drying equipment. | The venting, release or pressure relief of air, steam or other gaseous material, product or compound form any autoclave, boiler pressure vessel, pipe, valve, machine device or system. | The operation of any Motorized Conveyance other than on a Highway or other place intended for its operation. | The operation of any powered rail car, including but not limited to, refrigeration cars, locomotives or self-propelled passenger cars, while stationary on property not owned or controlled by a railway governed by the Canada Railway Act. | The operation of any auditory output device, including but not limited to, the sound from or created by a radio, phonograph, tape player, television, public address system, sound equipment, loud speaker, or any musical or sound-producing instrument of whatever kind when the same is played or operated in such a manner or with such volume as to disturb the peace, quiet, comfort or repose of any individual in any office, dwelling, house, apartment, hotel, hospital, or any other type of residence. | The operation of a combustion engine which is use in, or is intended for use in, a toy or a model or replica of any device, which model or replica has no function other than amusement and which is not a conveyance. | Prohibition |
| At all times | 9:00 p.m. to 8:00 a.m. | At all times | At all times | 11:00pm to 7:00am In Accordance with Section 2.1 (c) | 8:00 p.m. to 8:00 a.m. | Residential Area |
| 11:00 p.m. to 7:00 a.m. | N/A | N/A | 10:00 p.m. to 8:00 a.m. | 11:00pm to 7:00am In Accordance with Section 2.1 (c) | 8:00 p.m. to 8:00 a.m. | Agricultural Area |
| 11:00 p.m. to 7:00 a.m. | 11:00 p.m. to 7:00 a.m. | 11:00 p.m. to 7:00 a.m. | 11:00 p.m. to 7:00 a.m. | 11:00pm to 7:00am In Accordance with Section 2.1 (c) | 8:00 p.m. to 8:00 a.m. | Commercial Area |
## PROHIBITIONS BY TIME AND PLACE
## SCHEDULE "A"
## TO BY-LAW NO. 2422 A BY-LAW TO PROHIBIT AND REGULATE NOISE IN THE TOWN OF ESSEX
| 14. | 13. | 12. | 11. | 10. | | | | Item |
|----------------------------------------------------------------------------------|-------------------------------------|---------------------------------------------------------------------------------|-----------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------|------------------------------------------------------------|-------------------------------|-------------------|
| The operation of a commercial car wash of a type other than mentioned in item 6. | The operation of power lawn mowers. | The operation or use of any tool for domestic purposes other than snow removal. | The operation of any equipment in connection with Construction. | Loading, unloading, delivering, packing, unpacking, or otherwise handling any containers, products, materials, or refuse, whatsoever, unless necessary for the maintenance of essential services or the moving of private household effects. | All selling or advertising by shouting or outcry or amplified sound. | The operation of a power assisted hang glider or parafoil. | Yelling, shouting and hooting | Prohibition |
| At all times | 10:00 p.m. to 7:00 a.m. | 9:00 p.m. to 8:00 a.m. | 8:00 p.m. to 7:00 a.m. | 8:00 p.m. to 7:00 a.m | 9:00 p.m. to 7:00 a.m. | At all times | At all times | Residential Area |
| N/A | N/A | N/A | 8:00 p.m. to 7:00 a.m. | 9:00 p.m. to 6:00 a.m. | 9:00 p.m. to 7:00 a.m. | N/A | N/A | Agricultural Area |
| N/A | N/A | N/A | 8:00 p.m. to 7:00 a.m. | 9:00 p.m. to 6:00 a.m. | 9:00 p.m. to 7:00 a.m. | 11:00 p.m. to 7:00 a.m. | 11:00 p.m. 700am. | Commercial Area |
| | | | | | 18. | | 17. | 16. | 14. 15. | 12. | 11. | oi | | | | | | Item |
|-------------------------------------------------------------------------------------|------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------|---------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------|
| Emit, cause or permit sound from the operation of any tool, other than snow removal | Emit, cause or permit sound from the operation of any construction equipment | Emit, cause or permit sound from loading, unloading, delivering or handling of materials, refuse or products | Emit, cause or permit sound from operating a power assisted hang glider or parafoil Emit, cause or permit sound from selling or advertising by shouting or outcry or amplified sound | Emit, cause or permit sound from yelling, shouting or hooting | Emit, cause or permit sound from the operation of a commercial car wash with air drying equipment | Emit, cause or permit sound from the venting, releasing or pressure relief of air, steam or other material | Emit, cause or permit sound from any Motorized Conveyance in an area not intended for its operation | Emit, cause or permit sound from the operation of any powered rail car or refrigeration car | Emit, cause or permit sound from any auditory output device, sound-producing instrument or amplification of sound | Emit, cause or permit sound from dynamic or engine breaking or engine retarding Emit, cause or permit sound from a combustion engine in use in, or intended for use in a toy or model | Emit, cause or permit sound from a Motor Vehicle horn or other warning device Emit, cause or permit sound from Construction Equipment without an effective muffling device | Emit, cause or permit sound from a motor or Motor Vehicle while stationary in a Residential Area exceeding 5 minutes | Emit, cause or permit sound from a combustion engine or pneumatic device without exhaust or intake muffling device Emit, cause or permit sound from a Motor Vehicle due to improperly secured load or inadequate maintenance | Emit, cause or permit sound from the squealing of tires | Emit, cause or permit sound from the barking, calling or whining of a domestic pet Emit, cause or permit sound from any Motorized Conveyance by racing | Emit, cause or permit sound from any electronic device, loud speaker or musical instrument | Emit, cause or permit sound from the detonation of fireworks or explosive device, except as authorized Emit, cause or permit sound from the discharge of firearms, except as authorized | COLUMN 1 Short Form Wording |
| s. 3.1, Sch. A(12) | s. 3.1, Sch. A(11) | s. 3.1, Sch. A(10) | s. 3.1, Sch. A(8) s. 3.1, Sch. A(9) | s. 3.1, Sch. A(7) | s. 3.1, Sch. A(6) | s. 3.1, Sch. A(5) | s. 3.1, Sch. A(4) | s. 3.1, Sch. A(3) | s. 3.1, Sch. A(2) | s. 2.1 1) s. 3.1, Sch. A(1) | s. 2.1 k) | s. 2.1 i) s. 2.1 j | s. 2.1 h) | s. 2.1 f s. 2.1 g) | s.2.1 e) | s.2.1 c) s. 2.1 d) | s.2.1b) | COLUMN 2 Provision Creating or Defining Offence s.2.1 a) |
| $150.00 | $150.00 | $150.00 | $150.00 | $150.00 $150.00 | $150.00 | $150.00 | $150.00 | $150.00 | $150.00 | $150.00 $150.00 | $150.00 | $150.00 $150.00 | $150.00 | $150.00 $150.00 | $150.00 | $150.00 $150.00 | $150.00 | COLUMN 3 Set Fine. $150.00 |
## By-Law Number 2422: To prohibit and regulate noise in the Town of Essex
## PART 1 PROVINCIAL OFFENCES ACT
## SCHEDULE "B" TO BY-LAW NUMBER 2422
## THE CORPORATION OF THE TOWN OF ESSEX
Note: The general penalty provision for the offences indication above is Section 13.1 of By-Law Number 2422, a certified copy of which has been filed.
By-Law Number 2422: To prohibit and regulate noise in the Town of Essex
| Fail to use light sensor over-ride devices to ensure Bird Bangers cannot operate at night Obstruct or attempt to obstruct any Person having enforcement authority | Fail to monitor Bird Bangers for proper operation | Operate Bird Bangers outside of daylight hours Place a Bird Banger within a grape row directly in line with a neighbour's house | Operate a Bird Banger on land that is not an Agricultural Operation Operate Bird Bangers earlier than three to four weeks prior to veraison | tmit, cause or permit sound from the operation of a power lawn mower Emit, cause or permit sound from a commercial car wash, other than one with air drying equipment | COLUMN 1 Short Form Wording |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------|
| s. 8.2 e) s. 11.3 | s.8.2 d) | s. 8.2 c) | 5.8.1 s. 8.2 a) si82b) | s. 3.1, Sch. A(13) s. 3.1, Sch. A(14) | COLUMN 2 Provision Creating or Defining Offence |
| $150.00 $150.00 | $150.00 | $150.00 $150.00 | $150.00 | $150.00 $150.00 $150.00 | COLUMN 3 Set Fine |
## PART 1 PROVINCIAL OFFENCES ACT
## SCHEDULE "B" TO BY-LAW NUMBER 2422
## THE CORPORATION OF THE TOWN OF ESSEX