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By-Law 102-2025
Authorization Reference: CLK 19-2025
Page 1 of 13
THE CORPORATION OF THE CITY OF THOROLD
BY-LAW NO. 102-2025
A BY-LAW TO REGULATE NOISE IN THE CITY OF THOROLD.
WHEREAS sections 9, 10 and 11 of the Municipal Act, 2001, S.O. 2001, C.25, as
amended, provides that a Municipality has the capacity, rights, powers and privileges of
a natural Person for the purpose of exercising its authority under this or any other Act.
AND WHEREAS subsection 129 of the Municipal Act, 2001, S.O. 2001, C.25, as
amended, authorizes municipalities to pass by-laws to prohibit and regulate with respect
to Noise.
AND WHEREAS subsection 391(1) of the Municipal Act, 2001, S.O. 2001, C.25, as
amended, provides that a Municipality may impose fees and charges on Persons,
a) for services or activities provided or done by or on behalf of it;
b) for costs payable by it for services or activities provided or done by or on behalf
of any other Municipality or any local board; and,
c) for the use of its property including property under its control.
AND WHEREAS subsection 23.2(1) of the Municipal Act, 2001, S.O. 2001, C.25, as
amended, authorizes a municipality to delegate certain functions to an individual who is
an officer, employee or agent of the municipality.
AND WHEREAS it is in the public interest to reduce noise in the City of Thorold so as to
preserve, protect and promote public health, safety, welfare and peace and quiet for the
inhabitants of the City.
AND WHEREAS the Council of the City of Thorold approved the recommendations of
Report CLK 19-2025 at the Council meeting held on December 9, 2025.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City
of Thorold enacts as follows:
SECTION 1 GENERAL PROVISIONS
1.1
SHORT TITLE
1.1.1
This By-Law shall be known as the "Noise Control By-Law".
1.2 DEFINITIONS
1.2.1
In this By-Law:
(1)
"Agricultural Operation" has the same meaning as contained in the
Farming and Food Production Protection Act, 1998, S.O. 1998, C.1,
as amended, or any successor legislation.
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Authorization Reference: CLK 19-2025
Page 2 of 13
(2)
"Animal" means any member of the Animal kingdom, other than a
human, and without limiting the generality of the foregoing, includes
dogs, cats, and birds.
(3)
"Applicant" means a person seeking an exemption from the
provisions of this By-law.
(4)
"City Clerk" means the City Clerk for the City of Thorold.
(5)
"Construction" includes erection, alteration, repair, dismantling,
demolition, structural maintenance, painting, moving, land clearing,
earth moving, grading, excavation, blasting and detonation of
explosive devices other than fireworks, the laying of pipe and
conduit, equipment installation and alteration and the structural
installation of Construction components and materials in any form or
for any purpose, and includes any associated or related work.
(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, off highway haulers
or trucks, ditchers, compactors and rollers, pumps, concrete mixers,
graders, or other material handling equipment.
(7)
"Conveyance" means and includes any vehicle or other device
employed to transport a Person or Persons or goods from place to
place.
(8)
"Council" means the Council of the City of Thorold.
(9)
"Emergency" means a situation or an impending situation, often
dangerous, caused by the forces of nature, an accident, an
intentional act or otherwise, which arises suddenly and calls for
prompt action.
(10)
"Motor Vehicle" includes an automobile, motorcycle, motor assisted
bicycle and any other vehicle propelled or driven otherwise than by
muscular power, but does not include a streetcar, or other motor
vehicles running only upon rails, or a motorized snow vehicle,
traction engine, farm tractor, self-propelled implement of husbandry
or road-building machine.
(11)
"Municipality" means the land within the geographic limit of the City
of Thorold.
(12)
"Noise" means any unwanted sound or vibration that is unwanted or
disturbing to Persons.
(13)
"Normal Farm Practice" has the same meaning as contained in the
Farming and Food Production Protection Act, 1998, S.O. 1998, C. 1,
as amended, or any successor legislation.
(14)
"Officer" means a Municipal Law Enforcement Officer, a Building
Inspector, a Fire Chief, a Deputy Fire Chief, a Fire Prevention Officer
or a Health Inspector or other Person appointed or employed by the
Municipality for the enforcement of by-laws.
By-Law 102-2025
Authorization Reference: CLK 19-2025
Page 3 of 13
(15)
"Permit" means a permit issued pursuant to the provisions of this By-
law.
(16)
"Persistent" means constantly repeated over a period of 30
consecutive minutes.
(17)
"Person" means and includes a corporation, a partnership and the
heirs, executors, administrators, successors and other legal
representatives of a person to whom the context can apply according
to law, as well as an individual.
(18)
"Point of Reception" means any point on the premises of a person
where sound originating from other than those premises is received.
(19)
"Region" means The Corporation of the Regional Municipality of
Niagara or the geographical area of the Municipality, as the context
requires.
(20)
"Residential Area" means any area of the Municipality where
residential use is permitted under the provisions of the
Comprehensive Zoning By-Law of the City of Thorold, as amended
from time to time.
(21)
"Source" means an activity, matter, thing or tangible Personal
property or real property, from which sound or vibration is emitted.
1.3
EXEMPTIONS
1.3.1
This By-Law shall not apply to a Person who emits or causes or permits the
emission of sound or vibration in connection with:
(1)
a Regional, Provincial or Federal Police Service, Fire Service, or
Emergency Medical Service vehicle, while said vehicle is being used
in the performance of duties.
(2)
any activity that is integral to the operation of any railway, canal or
waterway within the legislative authority of Parliament.
(3)
a matter of public necessity or public Emergency.
(4)
the operation of machines and equipment by or on behalf of the
Municipality or Region, including but not limited to snow removal
equipment, road cleaning equipment, grass cutting or field
maintenance equipment, tree and shrub pruning, garbage and
recycling collection, and other similar equipment necessary for the
conducting of municipal business.
(5)
signaling devices used for traffic and pedestrian control at
intersections, crosswalks and other transportation control locations
such as, but not limited to, railway or canal and waterway crossings.
(6)
the operation of equipment in conjunction with Municipal, Regional,
Provincial and Federal Construction, maintenance and Emergency
projects.
(7)
the discharge of consumer fireworks, display fireworks or
pyrotechnic special effects fireworks provided such discharge
complies with all applicable laws, City policies and by-laws.
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Authorization Reference: CLK 19-2025
Page 4 of 13
(8)
bells, chimes or clocks associated with religious or public buildings
or uses.
(9)
activities that are part of Normal Farm Practices carried out as a part
of an Agricultural Operation.
(10)
operation of machinery by or on behalf of a public utility.
(11)
any function or event for which a Noise Permit has been issued,
provided the terms and conditions of the temporary Noise Permit are
complied with.
(12)
any special community event or activity, provided it is operating
under the permission of the Municipality in accordance with the City
of Thorold Special Events Policy and Procedures Manual as well as
any terms or conditions established as part of the permission granted
by Council.
(13)
the use in a reasonable manner of vehicles and equipment when
utilized for the clearing and the removal of snow from private
property.
(14)
operations or activities for which the Ministry of the Environment or
the Ministry of Natural Resources has granted approval, provided the
activity is in compliance with the conditions of said approval.
SECTION 2 PROHIBITIONS
2.1
GENERAL PROHIBITIONS
2.1.1
Where a source of sound is subject to one or more provisions of this By-
law, the most restrictive provision shall prevail.
2.1.2
No Person shall, at any time within the limits of the Municipality, cause or
permit to be caused any noise created by any of the acts set out below,
which noise is clearly audible at a point of reception:
(1)
the sounding of any bell, horn, siren or other warning device on any
Motor Vehicle for an unnecessary or unreasonable period of time,
except in the operation of a Motor Vehicle in a normal and safe
manner or when Permitted by law;
(2)
the grating, grinding or rattling sound caused by the condition or
disrepair or maladjustment of any Motor Vehicle or part or accessory
thereof;
(3)
the sound created by the operation of any Motor Vehicle, trailer or
other vehicle bearing material, articles or things that are loaded upon
such vehicle in such a manner as to create excessive Noise;
(4)
the sound from the discharge into the open air of the exhaust of any
steam engine, internal combustion engine (including the engine of
any Motor Vehicle), or pneumatic device without an effective exhaust
or intake muffling device in good working order and in constant
operation that prevents Noises that are loud or explosive;
(5)
the operation of an engine or motor, in or on, any Motor Vehicle or
item of attached auxiliary equipment for a continuous period
exceeding ten (10) minutes while such Motor Vehicle is stationary in
a residential zone, unless:
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Authorization Reference: CLK 19-2025
Page 5 of 13
(a)
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;
(b)
operation of such engine or motor is essential to a basic
function of the vehicle or equipment, including but not limited
to, operation of ready-mixed concrete trucks, lift platforms and
refuse compactors;
(c)
weather conditions justify the use of heating or refrigeration
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 vehicle is stationary
for the purposes of deliver or loading;
(d)
prevailing low temperatures make longer idling periods
necessary immediately after starting the motor or engine; or
(e)
the idling is for the purpose of cleaning and flushing the
radiator and associated circulation system for seasonal
change of anti-freeze, cleaning of the fuel system, carburetor
or the like, when such work is performed other than for profit;
(6)
the racing of any motorized Conveyance other than in a racing event
regulated by law.
(7)
the operation of a Motor Vehicle in such a way that the tires squeal.
(8)
the sound from or created by any radio, amplifier, loudspeaker, public
address system, or equipment, device or instrument that emits sound
when the same is used or operated from any Motor Vehicle, trailer or
other form of Conveyance.
(9)
the sound or Noise from any steam or air whistle attached to or used
in connection with any stationary boiler or other machine of
mechanism, except for the purpose of giving notice to workers of the
time to commence or cease work or as a warning of danger.
(10)
the sounding of any alarm, bell, horn, siren or other warning device
for an unnecessary or unreasonable period of time.
(11)
the Persistent barking, calling, whining or similar Persistent Noise
caused by any domestic Animal audible at a Point of Reception in a
Residential Area at any time.
2.1.3
No Person shall, at any time within the limits of the Municipality, cause or
permit to be caused any noise created by any of the acts set out below:
(1)
the sound or Noise from or created by any radio, television, record
player, tape player, amplifier, loud speaker, public address system,
musical instrument or equipment, device or instrument that emits
sound when the same is played or operated in such a manner or with
such volume that it is clearly audible within a residential unit with the
windows closed, other than the one in which the sound originates;
(2)
the sound from or created by any instrument, radio, amplification
device, loudspeaker, public address system, equipment or device
that emits sound when the same is used or operated for the purpose
of advertising or for attracting attention to any performance or sale,
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Authorization Reference: CLK 19-2025
Page 6 of 13
show or display of goods or services and projects such sound into
any street or other public place;
2.2
PROHIBITIONS BY TIME
2.2.1
No Person shall, within the limits of the Municipality, cause or permit to be
caused, any noise resulting from any of the acts set out below, which noise
is clearly audible at a point of reception:
(1)
the racing of any motorized Conveyance when regulated by law
between 12:00 am and 9:00 am or 11:00 am on Sundays and
Holidays.
(2)
the sound or Noise produced by the venting release or pressure relief
of air, steam or other gaseous material, product or compound from
any autoclave, boiler, compressor, pressure vessel, pipe, valve,
machine, device or system between 11:00 pm of one day and 7:00
am of the following day.
(3)
the sound or Noise produced by an industrial property, not otherwise
exempt by this by-law, between 11:00 pm of one day and 7:00 am of
the following day.
(4)
any shouting, yelling, hooting, whistling or singing which disturbs the
peace, quiet, comfort or repose of any Person in any dwelling unit,
hotel or other type of residence and arises between 11:00 pm of one
day and 7:00 am of the following day.
(5)
the operation of any Construction Equipment in connection with any
Construction between 9:00 pm of one day and 7:00 am of the
following day and all day on Sundays and Holidays.
(6)
the operation of any tool for domestic purposes other than snow
removal equipment between 11:00 pm of one day and 7:00 am of the
following day and 9:00 am on Sundays and Holidays.
(7)
the operation of any auditory, signaling device, including but not
limited to the ringing of bells or gongs and the blowing of horns or
sirens or whistles, or the production, reproduction or amplification of
any similar sounds by electronic means, except where required or
authorized by law or in accordance with good safety practices
between 7:00 pm of one day and 7:00 am of the following day and
all day on Sunday and Holidays.
(8)
the detonation of fireworks or explosive devices between 11:00 pm
of one day and 7:00 am of the following day and 9:00 am on Sundays
and Holidays.
(9)
the operation of a toy, model or replica of a larger device, which
model or replica has no function other than amusement, and which
Is not a Conveyance between 7:00 pm of one day and 7:00 am the
following day and 9:00 am on Sundays and Holidays.
(10)
the operation of any motorized Conveyance other than on a highway
or other place intended for its operation between 9:00 pm of one day
and 7:00 am the following day and 9:00 am on Sundays and
Holidays.
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Authorization Reference: CLK 19-2025
Page 7 of 13
(11)
the operation of any commercial car wash with air-drying equipment
between 11:00 pm of one day and 7:00 am the following day and
9:00 pm on Sundays and Holidays.
(12)
the playing of any music between 11:00 pm of one day and 7:00 am
the following day and 11:00 pm and 9:00 am on Sundays and
Holidays.
(13)
the sound caused by the discharge or any gun or other firearm, air
gun, spring-gun of any class or type that is clearly audible at a Point
of Reception in a Residential Area between 9:00 pm of one day and
7:00 am of the following day and 9:00 am on Sundays and Holidays,
except if lawfully discharged by a peace Officer in the performance
of their duties.
SECTION 3 TEMPORARY NOISE PERMITS
3.1
APPLICATION
3.1.1
Every Person who wishes to make application for a temporary Noise Permit
shall file a completed application in the form provided by the Municipality at
least sixty (60) days prior to the commencement of the event or activity for
which the temporary noise permit is required.
3.1.2
Every application for a temporary Noise Permit shall be submitted on the
form prescribed by the Municipality for the purpose and shall be
accompanied by:
(1)
the name and address of the Applicant
(2)
a description of the event
(3)
the location of the event or activity for which the temporary Noise
Permit is sought
(4)
a description of the Source of sound and level of sound for which the
temporary Noise Permit is sought
(5)
the times of day, and the period of time for which the temporary Noise
Permit is sought
(6)
the reason why the temporary Noise Permit should be granted
(7)
a statement of the steps, if any, planned or presently being taken to
minimize the sound or Noise
(8)
the non-refundable application fee as set out in Schedule "B" of this
by-law
3.1.3
No application shall be deemed complete until the Applicant has provided
any and all information required by this by-law and all necessary fees as
provided in Schedule "B" have been paid in full.
3.2
AUTHORITY TO ISSUE
3.2.1
The following power and authority shall be delegated to the City Clerk or
designate, which may include the Deputy City Clerk or Manager of By-law,
with respect to temporary Noise Permits:
(1)
to issue a temporary Noise Permit; and
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Authorization Reference: CLK 19-2025
Page 8 of 13
(2)
to refuse to issue, cancel, revoke or suspend a temporary Noise
Permit, and to impose conditions (including special conditions) on a
temporary Noise Permit.
3.2.2
The City Clerk or designate shall post public notice on the municipality's
website for a period of seven (7) days, advising of the specifics of the
application and that those who wish to object to the application can file
notice of their objection not less than forty-five (45) days prior to the event
or activity.
3.2.3
The City Clerk or designate shall provide notice to Council of the decision
made under article 3.2.1 with respect to each application.
3.2.4
The City Clerk or designate shall report to Council annually a summary of
the temporary Noise Permits issued and refused.
3.3
PERMIT CONDITIONS
3.3.1
In making a determination under subsection 3.2, the City Clerk or designate
shall:
(1)
consider any negative effects the issuance of the temporary Noise
Permit may have on neighbouring properties or on the Municipality;
(2)
consider any benefits the issuance of the temporary Noise Permit
may have on neighbouring properties or on the Municipality;
(3)
consider any previous violation of this by-law or temporary Noise
Permit conditions by the Applicant; and
(4)
consider anything else the City Clerk or designate may reasonably
find relevant to the application.
3.3.2
The City Clerk or designate may impose conditions on a temporary Noise
Permit, including but not limited to:
(1)
the type and volume of sounds that may be made;
(2)
the times during which the sounds may be made;
(3)
the date of expiry of the temporary Noise Permit;
(4)
requiring the posting of security prior to the activity or event; and
(5)
that the Applicant, City staff or professional engineer monitor the
sound levels resulting from the event or activity and require a report
of the findings of the engineer be filed with the City Clerk or designate
within thirty (30) days of the event or activity, all at the expense of
the Applicant.
3.3.3
Where the City Clerk or designate has made a decision under sentence
3.2.1(2), they shall give written notice of that decision to the Applicant by
email, or by regular mail to the last known address of that Person, at least
thirty (30) days before the event. The written notice shall:
(1)
set out the grounds of the decision;
(2)
give reasonable particulars of the grounds;
(3)
be signed by the City Clerk or designate; and
(4)
state that the Applicant is entitled to appeal the decision by
submitting the prescribed request form to the City Clerk within ten
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Authorization Reference: CLK 19-2025
Page 9 of 13
(10) days after the date the notice is sent, along with the stipulated
appeal fee.
3.3.4
Where no appeal is submitted in accordance with article 3.4.1 within ten
(10) days after the notice is given, the decision of the City Clerk or designate
is final.
3.3.5
Notice of the decision of the City Clerk or designate made under sentence
3.2.1(2) is deemed to be given on the day the notice is sent, whether by
email or regular mail.
3.4
APPEAL
3.4.1
Any Applicant can appeal the decision of the City Clerk or designate under
sentence 3.2.1(2) by submitting the following to the City Clerk:
(1)
the prescribed request for appeal form; and
(2)
the required appeal fee as prescribed in Schedule "B" of this by-law.
3.4.2
Where an Applicant has filed for an appeal in accordance with sentence
3.4.1, the matter shall be brought before Council by way of a report at the
next scheduled regular City Council meeting.
3.4.3
Council may direct the City Clerk or designate to issue the temporary Noise
Permit, including imposing any conditions, or refuse to issue the temporary
Noise Permit.
3.5
PERMIT EXPIRY
3.5.1
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, forty-eight hours after its issuance.
3.6
BREACH OF TERMS AND CONDITIONS
3.6.1
Where a temporary Noise Permit is granted by the City Clerk or designate,
any breach of any terms or conditions of the Permit shall render the Permit
null and void.
SECTION 4 ADMINISTRATION AND ENFORCEMENT
4.1
ENFORCEMENT
4.1.1
Where an Officer is satisfied that this by-law has been contravened, the
Officer may make an order, known as an Order to Discontinue Activity,
requiring the Person who contravened the by-law, or who caused or
Permitted the contravention, or the owner or occupier of the land on which
the contravention occurred, to discontinue the contravention.
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Authorization Reference: CLK 19-2025
Page 10 of 13
4.1.2
An Order to Discontinue Activity shall provide:
(1)
the municipal address of the property on which the contravention
occurred, or is occurring;
(2)
the date of the contravention;
(3)
the reasonable particulars of the contravention of the by-law; and
(4)
the date by which there must be compliance with the Order.
4.1.3
The Order to Discontinue Activity may be served Personally on the Person
to whom it is directed or by registered mail to the last known address of that
Person, in which case it shall be deemed to have been given on the third
day after it is mailed. Service on a corporation can be affected by registered
mail to the corporate mailing address.
4.1.4
No Person shall contravene an Order to Discontinue Activity.
4.1.5
Where the Officer has determined that an activity producing Noise or sound
is not in compliance with this by-law or with an Order to Discontinue Activity,
the fee set out in Schedule "B" of this by-law for inspection may be imposed
on the owner, Person responsible for the Noise or sound, or temporary
Noise Permit holder.
4.1.6
The fee imposed under article 4.1.5 shall constitute a debt of the Person to
the Municipality. The Municipality may add these fees to the tax roll and
collect them in the same manner as municipal taxes on any property for
which all the owners are responsible for paying the fees.
4.2
OFFENCES AND PENALTIES
4.2.1
Any Person who contravenes the provisions of this by-law is guilty of an
offence.
4.2.2
Each Person and/or corporation who contravenes a provision of this By-law
shall:
(a) When a penalty Notice is in accordance with the City of Thorold
Administrative Penalty By-law, be liable to pay to the City and
Administrative Penalty in the amount specified by the Administrative
Penalty By-law, for each day or part of a day on which the contravention
continues; or
(b) Upon conviction, be liable to fines as provided for in the Provincial
Offices Act, R.S.O. 1990, as amended
4.2.3
Despite article 4.2.2 above, where the person convicted is a corporation,
the corporation is liable:
(1)
upon a first conviction to a fine of not more than $10,000.00; and
(2)
on a subsequent conviction to a fine of not more than $25,000.00.
4.2.3
Any Director or Officer of a corporation who knowingly concurs in the
contravention of this by-law is guilty of an offense.
4.2.4
No Person shall hinder or obstruct, or attempt to hinder or obstruct, any
Person who is exercising a power or performing a duty under this by-law,
including carrying out an inspection.
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Authorization Reference: CLK 19-2025
Page 11 of 13
4.3
FEES AND PENALTIES
4.3.1
Any fee required by or described in this By-Law shall be as set out in
Schedule "B" to this By-Law, while any Administrative Penalties are set out
in Schedule "A" to this By-law.
4.4
VALIDITY
4.4.1
Should a court of competent jurisdiction declare a part or whole of any
provision of this By-Law to be invalid or of no force and effect, the provision
or part is deemed severable from this By-Law, and it is the intention of
Council that the remainder survive and be applied and enforced in
accordance with its terms to the extent possible under the law so as to
provide a minimum standard for noise control.
4.4.2
Where a provision of this By-Law conflicts with the provision of another By-
Law, Act, or Regulation in force within the City of Thorold, the provisions
that establish the higher standards shall prevail.
4.5
TRANSITION RULES
4.5.1
After the date of the passing of this By-Law, those By-Laws identified under
subsection 4.6 shall apply only in those instances in which an order has
been issued prior to the date of passing of this By-Law, and then only in
such instances until such time as the actions required by such order has
been completed or any enforcement proceedings with respect to such order
have been concluded.
4.6
BY-LAWS REPEALED
4.6.1
By-Law No. 37-2014 of The Corporation of the City of Thorold, and any
amendments made thereto, are hereby repealed.
4.7
ENACTMENT
4.7.1
This By-Law shall come into force and effect on the day after it is passed.
Terry Ugulini, Mayor
Nicholas Debono, City Clerk
Nicholas Debono
Signed with ConsignO Cloud (2025/12/17)
Verify with verifio.com or Adobe Reader.
Terry Ugulini
Signed with ConsignO Cloud (2025/12/17)
Verify with verifio.com or Adobe Reader.
By-Law 102-2025
Authorization Reference: CLK 19-2025
Page 12 of 13
SCHEDULE "A"
TO NOISE CONTROL BY-LAW NO. 102-2025
"SCHEDULE OF ADMINISTRATIVE MONETARY PENALTIES"
By-Law 102-2025
Authorization Reference: CLK 19-2025
Page 13 of 13
SCHEDULE "B"
TO NOISE CONTROL BY-LAW NO. 102-2025
"SCHEDULE OF FEES"
APPLICATIONS
1.
Non-Refundable Application Fee ....................................................... $75.00
APPEALS
2.
Appeal Fee ....................................................................................... $250.00
INSPECTIONS
3.
Inspection Fee ..................................................................................... $75.00