By Sylene Argent, Local Journalism Initiative Reporter, Essex Free Press
Essex Council provisionally passed By-law 2242, to repeal and replace By-law 2038, to prohibit and regulate noise in the Town of Essex.
Under the current Noise By-Law, Essex By-Law Officers and OPP Officers make professional judgments regarding the reasonableness of amplified noise, Director of Planning Services, Lori Chadwick, explained. That could be from sound equipment, like stereos, speakers, radios, and music, and sound-producing equipment.
“That professional judgment is used to decide whether or not a noise is a disturbance at a point of reception…the location where the sound is received, not the location from where the sound originates,” she added.
Administration reviewed Essex’s Noise By-Law to address growing concerns related to amplified noise, and to improve enforcement abilities to add teeth behind the judgment made.
According to the Ministry of the Environment, Conservation, and Parks’ (MECP) Environmental Noise Guidelines for Stationary and Transportation Sources, Chadwick relayed, an acceptable level for noises ranging between 40 and 60 decibels, or matching the ambient background noise, whichever is louder.
Using the MECP guidelines, Chadwick proposed amendments to the Noise By-Law to incorporate acceptable levels of noise at the point of reception, to include: a maximum of 45 decibels, or the ambient background noise, between the hours of 7am and 4pm; a maximum of 55 decibels, or the ambient background noise, between the hours of 4pm and 11pm; and a maximum of 40 decibels, or the ambient background noise, between the hours of 11pm and 7am.
These levels were proposed to enforce noise from radios, sound-producing equipment, loud speakers, etc.
She proposed the Town’s By-law Enforcement Officers use a Decibel Reader to measure noise levels when investigating complaints. For consistency, Administration proposes to provide the OPP Essex & Harrow Detachments with a minimum of two meters, identical to the Town’s.
Within the By-Law, Chadwick also suggested cleaning-up language surrounding bird bangers for simplification.
Deputy Mayor Rob Shepley asked for the rationale in increasing the maximum decibel acceptance between 4pm and 11pm, when it is 45 decibels from 7am-4pm. He thought it may be more sensible to have it 55 throughout both time periods.
Kevin Carter, Chief Building Official, noted the MECP bumped the decibel range higher for the 4pm-11pm period to address backyard parties.
He added if By-Law Officers use a Decibel Reader and it triggers higher than the acceptable range, they will not issue a ticket without looking at the ambience at the point of reception.
The By-Law will be officially adopted in the near future.
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