By-law No. 2017-068

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								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;

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    			(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;

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   			(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;

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  					(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

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  					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;

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  					(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

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  					(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.

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     		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;

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    										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.

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    	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.

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     	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

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     							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      				•

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       																								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.

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      																								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.

Page 15

       																								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.

Page 16

      																								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.

Page 17

      																								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.

Page 18

      																								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.

Page 19

      																								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.

Page 20

       																								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.

Page 21

       																								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.

Page 22

     																								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.

Page 23

     																								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.