A contentious debate over noise regulations in the Town of Essex has reignited, centering on whether loud human voices—described as "hooting and hollering"—should be treated the same as music, and whether zoning should dictate the rules. The issue, which has left town council deadlocked, raises fundamental questions about equality and enforcement under the municipality's noise bylaw.
The Core of the Controversy: Different Rules for Different Zones
The town's noise bylaw, which is less than a year old, establishes clear decibel limits for most areas within Essex. From 4 p.m. to 11 p.m., noise must not exceed 55 decibels, and from 11 p.m. to 7 a.m., the limit drops to 40 decibels. However, a critical distinction emerges based on property zoning.
On lands zoned agricultural, these decibel limits apply strictly to music. Sounds emanating directly from people—the so-called "hooting and hollering"—face no restrictions at any time of day or night. In contrast, in residential areas, such vocal noise is prohibited outright. Commercial areas fall somewhere in between, with prohibitions on yelling overnight.
Joseph Malandruccolo, the town’s director of legal and legislative services, explained the rationale. He indicated that the different standard for human noise in rural settings is often tied to farming practices, where such vocalizations can be common. "Most bylaws don't prohibit that noise," Malandruccolo stated during council discussions.
Resident Calls for Review and Equal Protection
The inconsistency prompted resident Corey St. Onge to appear before council as a delegation on January 12, 2026. While careful not to single out any specific property, St. Onge urged councillors to review the bylaw for clarity, consistency, and enforceability.
His central argument focused on fairness. "Right now, the noise bylaw provides different levels of protection depending on zoning," St. Onge told council. He highlighted the stark contrast: full prohibition in residential areas versus no prohibition whatsoever on agricultural land.
"This means two residents paying the same residential tax rate, living in the same municipality, receive very different protections purely because of zoning," he argued. "Residents are taxed equally. They should be protected equally." His request forced council to grapple with whether the bylaw could be weaponized or if it created an unlevel playing field.
Council Deadlock Leaves Status Quo in Place
The debate is not new for Essex council. A similar complicated discussion took place in August of the previous year. When St. Onge's recent request for a review came to a vote, along with related motions, the result was a series of tie votes among councillors.
With the motions failing, the status quo remains firmly in effect. The noise bylaw continues to operate under its current framework, meaning the distinction between music and human noise, and the exemptions for agricultural land, stand.
The impasse leaves unresolved the core questions posed at the outset: Is there a meaningful difference between the noise from a speaker and the noise from a crowd? Should a property's zoning determine the acceptable volume of human celebration or outcry? For now, in the Town of Essex, the answer depends entirely on where you live.
