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HomeMy WebLinkAboutBy-law No. 2017-068 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-068 BEING A BY-LAW TO REGULATE AND CONTROL NOISES WHEREAS it is expedient to exercise the power conferred upon the Council by The Environmental Protection Act, R.S.O. 1990, Chapter E. 19, as amended, the Municipal Act, 2001, S.O. 2001, c. 25, as amended, and other statutory authority; AND WHEREAS a recognized body of scientific and technological knowledge exists by which sound and vibration may be substantially reduced; AND WHEREAS the people have a right to and should be ensured an environment free from unusual, unnecessary or excessive sound or vibration which may degrade the quality and tranquility of their life or cause nuisance; AND WHEREAS it is the policy of the Council to reduce and control such sound or vibration; NOW THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. INTERPRETATION In this By-Law, (a) "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; (b) "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; (c) "Conveyance" includes a vehicle and any other device employed to transport a person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person; (d) "Council" means the Council of the Corporation of the Municipality of Bayham; (e) "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; (f) "Minister" means Minister of the Environment; (g) "Ministry" means Ministry of the Environment; (h) "Motor Vehicle" includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power; but does not include the cars of electric or steam railways, 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 within the meaning of The Highway Traffic Act; (i) "Motorized Conveyance" means a conveyance propelled or driven otherwise than by muscular, gravitational or wind power; (j) "Municipality" means the land within the geographic limit of the Municipality of Bayham; (k) "Noise" means unwanted sound; (I) "Noise Control Officer" means the by-law enforcement officer designated by Council as responsible; (m) "Point of Reception" means any point on the premises of a person where sound or vibration originating from other than those premises is received; (n) "Premises" means building and lands appurtenant thereto. 2. ZONES In this by-law, (a) "Residential Area" means those areas zoned residential in the Corporation of the Municipality of Bayham Zoning By-Law, and any amendments thereto; (b) "Quiet Zone" means those areas zoned institutional in the Corporation of the Municipality of Bayham Zoning By-Law, and any amendments thereto; (c) "Open Space Areas" means those areas zoned open space in the Corporation of the Municipality of Bayham Zoning By-Law, and any amendments thereto; (d) "Business Zone" means those areas zoned business and/or commercial and/or industrial in the Corporation of the Municipality of Bayham Zoning By-Law, and any amendments thereto; (e) "Agricultural Zone" means those areas zoned agriculture in the Corporation of the Municipality of Bayham Zoning By-Law, and any amendments thereto. 3. GENERAL PROHIBITIONS No person shall emit or cause or permit the emission of sound resulting from an act listed herein and which sound is clearly audible at a point of reception: 3.11.1 Racing of any motorized conveyance other than in a racing event regulated by law. 3.11.2 The operation of a motor vehicle in such a way that the tires squeal. 3.11.3 The operation of any combustion engine or pneumatic device without proper exhaust or intake muffling devices meeting specifications of the manufacturer in good working order and in constant operation. 3.11.4 The operation of a vehicle or a vehicle with a trailer resulting in banging, clanking, squealing or other like sounds due to improperly secured load or equipment, or inadequate maintenance. 3.11.5 The operation of an engine or motor in, or on, any motor vehicle or item of attached auxiliary equipment for a continuous period exceeding five minutes, while such vehicle is stationary in a Residential Area or a Quiet Zone 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; (ii) 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; or; (iii) weather conditions justify the use of heating or 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 vehicle is stationary for purposes of delivery or loading; or; (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. 3.11.6 The operation of a motor vehicle horn or other warning device except where required and authorized by law or in accordance with good safety practice. 3.11.7 The operation of any item of construction equipment in a Quiet Zone or Residential Area without effective muffling devices in good working order and in constant operation. 4. PROHIBITION BY TIME AND PLACE 4.11.1 No person shall emit or permit the emission of sound resulting from an act listed in Table 4-1, if clearly audible at a point of reception located in an area of the municipality within a prohibited time shown for such an area. 4.11.2 Notwithstanding the Prohibition by Time and Place set forth in subsection 4.11.1 and Table 4-1 as referred to above, no person shall make, cause, or permit emission of sound resulting from an act listed in Table 4-1 which is audible at a point of reception within the Municipality at such a volume and/or in such circumstances to annoy or disturb the peace, quiet, comfort, or repose of any individual to whom such sound is or was audible. 5. EXEMPTION 5.11.1 Public Safety Notwithstanding any other provision of the by-law, it shall be lawful to emit or cause or permit the emission of sound or vibration in connection with emergency measures undertaken: (a) for the immediate health, safety or welfare of the inhabitants or any of them: or; (b) for the preservation or restoration of property, 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. 5.11.2 Agricultural Activity Notwithstanding any provisions of this by-law, it shall be lawful to emit or cause to permit the emission of sound or vibration in connection with the operation of any equipment, apparatus or device used in agriculture for food crop seeding, chemical spraying or harvesting. 5.11.3 Discharge of Firearms Notwithstanding any provisions of this by-law, it shall be lawful to emit or cause to permit the emission of sound or vibration in connection with the discharge of firearms in Open Space Areas that allow a gun club if in those Open Space Areas there exists a gun club as at the date of passing of this by-law. Notwithstanding any provisions of this by-law, it shall be lawful to emit or cause to permit the emission of sound or vibration in connection with the discharge of firearms in Agricultural Areas. 5.11.4 Traditional, Festive, or Religious Activities Notwithstanding any other provision of the by-law, it shall be lawful to emit or cause or permit the emission of sound or vibration in connection with any of the listed traditional, festive, religious and other similar activities: (a) Activity or service club that is operating for fund raising purposes for community benefit as may be approved by Council; (b) Any parade duly authorized by Council; (c) Any fireworks display duly authorized by Council; (d) Any fireworks display safely detonated on private property on festive holidays such as Victoria Day (May), Canada Day (July), and New Year's Eve (December/ January); (e) Other activities sponsored or approved by the Municipality. 5.11.5 Other Activities Notwithstanding any other provision of the by-law, it shall be lawful to emit or cause or permit the emission of sound or vibration in connection with the following activities: (a) That necessary for construction and maintenance of municipal public works at any time; (b) Operation of machinery by or on behalf of a public utility where work needs to be done to minimize service interruptions; (c) The operation of any Construction Equipment in connection with construction between the hours of 7am to 8pm; (d) The operation of any equipment for domestic purposes other than snow removal between the hours of 7am to 11 pm in Residential Areas; (e) The operation of solid waste bulk lift or refuse compacting equipment between the hours of 7am and 7pm in Residential Areas. 6. GRANT OF EXEMPTION BY COUNCIL 6.11.1 Application to Council Notwithstanding anything contained in this by-law, any person may make application to Council to be granted an exemption from any of the provisions of this by-law with respect to any source of sound or vibration for which he/she might be prosecuted and Council, by resolution, may refuse to grant any exemption of lesser effect and any exemption granted shall specify the time period, not in excess of six (6) months, during which it is effective and may contain such terms and conditions as Council sees fit. 6.11.2 Detail of Application for Exemption The application mentioned in subsection 6.11.1 shall be made in writing, in duplicate, and shall contain; (a) the name and address of the applicant and the location of the event or activity for which exemption is sought; (b) a description of the source of sound or vibration in respect of which exemption is sought; (c) a statement of the particular provision or provision of the by-law from which exemption is sought; (d) the period of time, of a duration not in excess of six (6) months, for which the exemption is sought; (e) the reasons why the exemption should be granted; (f) a statement of the steps, if any, planned or presently being taken to bring about compliance with the by-law; and (g) proof of publication within the preceding ten (10) days, in a newspaper of general circulation within the Municipality, of a notice of intention to apply for an exemption to this by-law, containing the information required by clauses (a) through (e) hereof, and further stating the date upon which it is intended that application will be made to Council. 6.11.3 Noise Control Officer Council shall cause one (1) copy of the application for exemption to be delivered to the Noise Control Officer and he shall prepare a report to Council forthwith, stating his opinion of the merits of the application and his recommendations as to terms and conditions which, in his opinion, should be imposed upon the applicant if the exemption is granted and Council will not consider the application for exemption until it has received the report of the Noise Control Officer. 6.11.4 Report The Noise Control Officer shall forward a copy of his report to the applicant at the address shown on the application by prepaid registered mail and shall, no sooner than two (2) weeks after the mailing of the report to the applicant, submit the report to Council and shall, on request, make his report available for public inspection. 6.11.5 Decision In deciding whether to grant the exemption, Council shall consider the application, the report of the Noise Control Officer and any written submission then received by Council and made by the applicant after receipt of the report of the Noise Control Officer and the Council may consider such other matters as it sees fit. 6.11.6 Breach Breach by the applicant of any of the terms or conditions of the exemption shall render the exemption null and void. 6.11.7 Offence — Fail to Comply with Terms and Conditions of Council Exemption Any person to whom an exemption is granted by Council pursuant to this section who subsequently fails to comply with the terms and conditions of such exemption is guilty of an offence. 7. SEVERABILITY 7.11.1 If a court of competent jurisdiction should declare any section or part of a section of this by-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of the by-law and it is hereby declared that the remainder of the by-law shall be valid and shall remain in force. 8. PENALTY 8.11.1 Any person who contravenes any provision of this by-law is guilty of an offence and, upon conviction, is liable to any fine or other penalty provided for in the Provincial Offences Act, R.S.O. c. P. 33, as amended. 8.11.2 In the event that any person is found to have contravened this by-law and a conviction thereby entered, the court in which the conviction was entered or any other court of competent jurisdiction, in addition to any fine or other penalty as ordered, may make another order preventing the continuation or repetition of the offence by the person so convicted. 9. ADMINISTRATION 9.11.1 By-Law 2001-057, as amended shall be repealed in their entirety. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF JUNE 2017. t 1 i ,i </i . i Mayor Cl; PROHIBITIONS BY TIME AND PLACE TABLE 4-1 PROHIBITED PERIOD OF TIME: QUIET ZONE RESIDENTIAL OPEN SPACE BUSINESS ZONE AGRICULTURAL AREA AREA ZONE 1. The detonation of fireworks At all times At all times At all times At all times At all times except as noted or explosive devices not used in construction 2. The discharge of firearms. At all times At all times At all times At all times Not Applicable 3. The operation of a combustion At all times At all times 9pm — 9am At all times 9pm —9am engine which, (a) is, or; (b) is used in, or(c) 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. 4. The operation of any electronic At all times 11 pm —7am 11 pm —7am 11 pm —9am 11 pm —7am device or group of connected electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electro- mechanical transducers and intended for the production, reproduction or amplification of sound. 5. The operation of any auditory At all times At all times At all times At all times At all times signaling devices, 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. 6. The operation of any powered At all times At all times Not applicable Midnight—7am At all times rail car including but not limited to refrigeration cars, locomotives or self-propelled passenger cars, while stationary on property not owned by a railway governed by the Canada Railway Act. 7. The operation of any motorized At all times At all times Not applicable At all times Not applicable conveyance other than on a highway or other place intended for its operation. 8. Racing of any motorized At all times At all times 10pm —9am At all times Not applicable conveyance at a racing facility. 9. The venting, release or At all times At all times At all times At all times At all times pressure relief of air, steam or other gaseous material, product or compound from any autoclave, boiler pressure vessel, pipe, valve, machine, device or system. 10. Persistent barking, calling or At all times At all times At all times At all times At all times whining or other similar persistent noise making by any domestic pet or any other animal kept or used for any purpose other than agriculture. 11. The operation of a commercial At all times At all times 11pm —7am 11pm —7am Not Applicable car wash with or without air drying equipment. 12. Yelling, shouting, hooting, At all times 11pm —7am 11pm —7am 11pm —7am 11pm — 7am whistling or singing. 13. The operation of a power At all times At all times Not applicable At all times Not applicable assisted hang glider or parafoil. 14. The operation of any item of At all times At all times Not applicable Not applicable Not applicable snow making equipment. 15. All selling or advertising by At all times 7pm —7am Not applicable 7pm —7am 7pm —7am shouting or outcry or amplified sound. 16. Loading, unloading, delivering, 11pm —7am 11pm —7am Not applicable Not applicable 11pm —7am packing, unpacking, or otherwise handling any containers, products, materials, or refuse, whatsoever, unless necessary for the maintenance of essential services. 17. The operation of any 8pm —7am 8pm —7am 8pm — 9am 8pm —7am 8pm —7am equipment in connection with construction. 11pm —7am 11pm —7am Not applicable Not applicable Not applicable 18. The operation or use of any tool for domestic purposes other than snow removal. 19. The operation of solid waste 7pm —7am 7pm —7am Not applicable Not applicable Not applicable bulk lift or refuse compacting equipment PROVINCIAL OFFENCES ACT Part I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-law No. 2017-68 of the Municipality of Bayham, attached hereto. are the set fines for those offences. This Order is to take effect September 8th, 2017. • Dated at London this 8th day of September, 2017. 7(/1-(4--/ Stephen J. Fuerth Regional Senior Justice West Region • 1 Part I Provincial Offences Act THE CORPORATION OF THE BY-LAW NO.2017-068 TITLE: Noise By-Law MUNICIPALITY OF BAYHAM ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Defining Set Fine Offence 1. Emit, cause or permit sound — racing of motorized conveyance s. 3.11.1 $250.00 2. Emit, cause or permit sound —operation,of motor vehicle—squeal tires s. 3.11.2 . $125.00 3. Emit, cause, or permit sound — operation of combustion engine or pneumatic device—no proper exhaust or intake muffling devices s. 3.11.3 $250.00 4. Emit, cause or permit sound —operation of vehicle - improperly secured load or equipment s. 3.11.4 $125.00 5. Emit, cause or permit sound —operation of vehicle with trailer—improperly secured load or equipment s. 3.11.4 $125.00 6. Emit, cause or permit sound —operation of vehicle - inadequate maintenance s. 3.11.4 $125.00 NOTE: The penalty provision(s) for the offence(s) indicated above is s. 8.11.1 of By-Law No. 2017-068, a certified copy of which by- law has been filed. 2 Part I Provincial Offences Act THE CORPORATION OF THE BY-LAW NO.2017-068 TITLE: Noise By-Law MUNICIPALITY OF BAYHAM ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Defining Set Fine Offence 7. Emit, cause or permit sound —operation of vehicle with trailer— inadequate maintenance s. 3.11.4 $125.00 8. Operation of engine or motor in or on a motor vehicle for period exceeding five minutes in residential zone s. 3.11.5 $125.00 9. Operation of engine or motor in or on a motor vehicle for period exceeding five minutes in quiet zone s. 3.11.5 $125.00 10. Operation of auxiliary equipment attached to motor vehicle for period exceeding five minutes in residential zone s. 3.11.5 $125.00 11. Operation of auxiliary equipment attached to motor vehicle for period exceeding five minutes in quiet zone s. 3.11.5 $125.00 NOTE: The penalty provision(s) for the offence(s) indicated above is s. 8.11.1 of By-Law No. 2017-068, a certified copy of which by- law has been filed. 3 Part I Provincial Offences Act THE CORPORATION OF THE BY-LAW NO. 2017-068 TITLE: Noise By-Law MUNICIPALITY OF BAYHAM ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Defining Set Fine Offence 12. Operation of motor vehicle horn not authorized s. 3.11.6 $125.00 13. Operation of motor vehicle warning device not authorized s. 3.11.6 $125.00 14. Operation of construction equipment in quiet zone - ineffective muffling devices s. 3.11.7 $250.00 15. Operation of construction equipment in residential area — ineffective muffling devices s. 3.11.7 $250.00 16. Emit sound prohibited by time and place - detonation of fireworks s. 4.11.1 $250.00 17. Permit emission of sound prohibited by time and place - detonation of fireworks - s. 4.11.1 $250.00 18. Emit sound prohibited by time and place - unauthorized explosive devices s. 4.11.1 $400.00 NOTE: The penalty provision(s)for the offence(s) indicated above is s. 8.11.1 of By-Law No. 2017-068, a certified copy of which by- law has been filed. 4 Part I Provincial Offences Act THE CORPORATION OF THE BY-LAW NO. 2017-068 TITLE: Noise By-Law MUNICIPALITY OF BAYHAM ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Defining Set Fine Offence 19. Permit emission of sound prohibited by time and place - unauthorized explosive devices s. 4.11.1 $400.00 20. Emit sound prohibited by time and place -discharge of firearms s. 4.11.1 $400.00 21. Permit emission of sound prohibited by time and place - discharge of firearms s. 4.11.1 $400.00 22. Emit sound prohibited by time and place - operation of combustion engine in toy, replica or model s. 4.11.1 $250.00 23. Permit emission of sound prohibited by time and place - operation of combustion engine in toy, replica or model s. 4.11.1 $250.00 24. Emit sound prohibited by time and place - operation of electronic device or devices for production, reproduction or amplification of sound s. 4.11.1 $400.00 NOTE: The penalty provision(s) for the offence(s) indicated above is s. 8.11.1 of By-Law No. 2017-068, a certified copy of which by- law has been filed. 5 Part I Provincial Offences Act THE CORPORATION OF THE BY-LAW NO. 2017-068 TITLE: Noise By-Law MUNICIPALITY OF BAYHAM ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Defining Set Fine Offence 25. Permit emission of sound prohibited by time and place —operation of electronic device or devices for production, reproduction or amplification of sound s. 4.11.1 $400.00 26. Emit sound prohibited by time and place - unauthorized operation of auditory signaling device or devices s. 4.11.1 $250.00 27. Permit emission of sound prohibited by time and place - unauthorized operation of auditory signaling device or devices s. 4.11.1 $250.00 28. Emit sound prohibited by time and place - unauthorized operation of powered rail car s. 4.11.1 $400.00 29. Permit emission of sound prohibited by time and place - unauthorized operation of powered rail car s. 4.11.1 $400.00 30. Emit sound prohibited by time and place - unauthorized operation of motorized conveyance s. 4.11.1 $250.00 NOTE: The penalty provision(s) for the offence(s) indicated above is s. 8.11.1 of By-Law No. 2017-068, a certified copy of which by- law has been filed. 6 Part I Provincial Offences Act THE CORPORATION OF THE BY-LAW NO.2017-068 TITLE: Noise By-Law MUNICIPALITY OF BAYHAM ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Defining Set Fine Offence 31. Permit emission of sound prohibited by time and place - unauthorized operation of motorized conveyance s. 4.11.1 $250.00 32. Emit sound prohibited by time and place - racing of motorized conveyance at a racing facility s. 4.11.1 $400.00 33. Permit emission of sound prohibited by time and place - racing of motorized conveyance at a racing facility s. 4.11.1 $400.00 34. Emit sound prohibited by time and place -venting, release or pressure relief of air, steam, or other gaseous material, product or compound s. 4.11.1 $250.00 35. Permit emission of sound prohibited by time and place -venting, release, or pressure relief of air, steam or other gaseous material, product, or compound s. 4.11.1 $250.00 36. Emit sound prohibited by time and place - persistent barking, calling, whining, or similar noise by domestic pet s. 4.11.1 $125.00 NOTE: The penalty provision(s) for the offence(s) indicated above is s. 8.11.1 of By-Law No. 2017-068, a certified copy of which by- law has been filed. 7 Part I Provincial Offences Act THE CORPORATION OF THE BY-LAW NO. 2017-068 TITLE: Noise By-Law MUNICIPALITY OF BAYHAM ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Defining Set Fine Offence 37. Permit emission of sound prohibited by time and place - persistent barking, calling, whining, or similar noise by domestic pet s. 4.11.1 $125.00 38. Emit sound prohibited by time and place - persistent barking, calling, whining, or similar noise by other animal s. 4.11.1 $125.00 39. Permit emission of sound prohibited by time and place - persistent barking, calling, whining, or similar noise by other animal s. 4.11.1 $125.00 40. Emit sound prohibited by time and place - operation of commercial car wash s. 4.11.1 $250.00 41. Permit emission of sound prohibited by time and place - operation of commercial car wash s. 4.11.1 $125.00 42. Emit sound prohibited by time and place -yelling, shouting, hooting, whistling or singing s. 4.11.1 $125.00 NOTE: The penalty provision(s) for the offence(s) indicated above is s. 8.11.1 of By-Law No. 2017-068, a certified copy of which by- law has been filed. 8 Part I Provincial Offences Act THE CORPORATION OF THE BY-LAW NO.2017-068 TITLE: Noise By-Law MUNICIPALITY OF BAYHAM ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Defining Set Fine Offence 43. Permit emission of sound prohibited by time and place -yelling, shouting, hooting, whistling or singing s. 4.11.1 $125.00 44. Emit sound prohibited by time and place - operation of power-assisted hang glider or parafoil s. 4.11.1 $250.00 45. Permit emission of sound prohibited by time and place - operation of power-assisted hang glider or parafoil s. 4.11.1 $250.00 46. Emit sound prohibited by time and place - operation of snow making equipment s. 4.11.1 $400.00 47. Permit emission of sound prohibited by time and place - operation of snow making equipment- s. 4.11.1 $400.00 48. Emit sound prohibited by time and place -selling or advertising by shouting, outcry, or amplified sound s. 4.11.1 $400.00 • NOTE: The penalty provision(s) for the offence(s) indicated above is s. 8.11.1 of By-Law No. 2017-068, a certified copy of which by- law has been filed. 9 Part 1 Provincial Offences Act THE CORPORATION OF THE BY-LAW NO.2017-068 TITLE: Noise By-Law MUNICIPALITY OF BAYHAM ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Defining Set Fine Offence 49. Permit emission of sound prohibited by time and place - selling or advertising by shouting, outcry, or amplified sound s. 4.11.1 $400.00 50. Emit sound prohibited by time and place - unauthorized loading, unloading, packing, unpacking or handling of containers, products, materials, or refuse s. 4.11.1 $400.00 51. Permit emission of sound prohibited by time and place - unauthorized loading, unloading, packing, unpacking or handling of containers, products, materials, or refuse s. 4.11.1 $400.00 52. Emit sound prohibited by time and place - operation of equipment connected with construction s. 4.11.1 $400.00 53. Permit emission of sound prohibited by time and place - operation of equipment connected with construction s. 4.11.1 $400.00 54. Emit sound prohibited by time and place - operation of tool for domestic purposes other than snow removal s. 4.11.1 $250.00 NOTE: The penalty provision(s) for the offence(s) indicated above is s. 8.11.1 of By-Law No. 2017-068, a certified copy of which by- law has been filed. 10 Part I Provincial Offences Act THE CORPORATION OF THE BY-LAW NO. 2017-068 TITLE: Noise By-Law MUNICIPALITY OF BAYHAM ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Defining Set Fine Offence 55. Permit emission of sound prohibited by time and place - operation of tool for domestic purposes other than snow removal s. 4.11.1 $250.00 56. Emit sound prohibited by time and place - use of tool for domestic purposes other than snow removal s. 4.11.1 $250.00 57. Permit emission of sound prohibited by time and place - use of tool for domestic purposes other than snow removal s. 4.11.1 $250.00 58. Emit sound prohibited by time and place - operation of solid waste bulk lift s. 4.11.1 $400.00 59. Permit emission of sound prohibited by time and place - operation of solid waste bulk lift s. 4.11.1 $400.00 60. Emit sound prohibited by time and place - operation of refuse compacting equipment s. 4.11.1 $400.00 NOTE: The penalty provision(s) for the offence(s) indicated above is s. 8.11.1 of By-Law No. 2017-068, a certified copy of which by- law has been filed. 11 Part I Provincial Offences Act THE CORPORATION OF THE BY-LAW NO.2017-068 TITLE: Noise By-Law MUNICIPALITY OF BAYHAM ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Defining Set Fine Offence 61. Permit emission of sound prohibited by time and place. - operation of refuse compacting equipment s. 4.11.1 $400.00 62. Make, cause, or permit emission of sound by prohibited activity to annoy or disturb the peace of any individual s. 4.11.2 $400.00 NOTE: The penalty provision(s) for the offence(s) indicated above is s. 8.11.1 of By-Law No. 2017-068, a certified copy of which by- law has been filed.