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By-law Number 999 of 2024
Being a By-law to Regulate Noise within the Village of Oil Springs
WHEREAS Section 128 of The Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides authority for municipalities to prohibit and regulate with respect to public
nuisances, including matters that, in the opinion of Council, are or could become or
cause public nuisances;
AND WHEREAS Section 129 of The Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides authority for municipalities to prohibit and regulate noise and
vibration;
AND WHEREAS The Council of the Corporation of the Village of Oil Springs
deems it necessary to regulate or prohibit noise within the Village of Oil Springs;
NOW THEREFORE the Council of the Corporation of The Village of Oil Springs
hereby ENACTS AS FOLLOWS:
1.
TITLE:
1.1
This By-law shall be known and may be cited as the "Noise Control By-
law".
2.
DEFINITIONS:
For the purpose if this By-law:
2.1
"Construction" includes the erection, alteration, repair, dismantling,
demolition, structural maintenance, painting, moving, land clearing, earth
moving, grading, excavating, blasting, rock crushing, the laying of pipe and
conduit whether above or below ground level, street and highway building,
concreting, equipment installation and alteration and structural installation of
construction components and materials in any form or for any purpose, and
includes work in connection therewith;
2.2
"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;
2.3
"Council" means the Council of the Corporation of the Village of Oil Springs;
2.4
"Domestic Tool" means any tool, equipment or device designed or intended
for use for Construction or maintenance of private property by the private
property owner where a building permit is not required including but not limited
to air compressors, electric power tools, manual hammers, and similar tools,
but does not include Lawn Maintenance Equipment, or equipment used for the
removal of snow;
2.5
"Highway" includes a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle, any part of which is
intended for or used by the general public for the passage of vehicles and
includes the area between the lateral property lines thereof;
2.6
"Lawn Maintenance Equipment" means any equipment, which uses a
combustion or electric motor for the purposes of yard maintenance
or repair and includes chain saws, lawn mowers, leaf blowers, grass trimmers,
or any other similar equipment, but does not include equipment used to
remove snow or ice.
2.7
"Motor vehicle" includes an automobile, a motorcycle, a motor assisted
bicycle, and any other vehicle propelled or driven otherwise than by
muscular power, but does not include a streetcar or other motor vehicle
running only upon rails, a power-assisted bicycle, a motorized snow
vehicle, off road vehicle, all-terrain vehicle, a traction engine, a farm tractor,
a self-propelled implement of husbandry or a road-building machine;
2.8 - "Motorized conveyance" means a conveyance propelled or driven
otherwise than by muscular, gravitational or wind power;
2.9
"Noise" means a sound that is of such volume or nature at a point of
reception that it disturbs or is likely to disturb the inhabitants of the Village;
2.10 "Officer" means a Municipal Law Enforcement Officer, a Police Officer or
other person appointed by by-law to enforce the provisions of this by-law;
2.11 "Person" means any human being, association, firm, partnership,
incorporated company, corporation, agent or trustee, and the heirs,
executors or other legal representatives of a person to whom the context
can apply, according to law;
2.12 "Point of reception" means any point on the premises of a person where
sound or vibration originating from other than those premises is received;
2.13 "Village" means The Corporation of the Village of Oil Springs.
3.
GENERAL PROHIBITIONS:
3.1
No person shall emit or cause or permit the emission of noise resulting from
any activity listed in Schedule "A", attached hereto, if clearly audible at a point
of reception.
4.
PROHIBITIONS BY TIME AND PLACE:
4.1
No person shall emit or cause or permit the emission of noise resulting from
any Activity listed in Column 1 of Schedule "B", attached hereto, and which
noise is clearly audible at a point of reception within a prohibited time shown
in Column 2.
5.
EXEMPTION FOR PUBLIC SAFETY:
5.1
Notwithstanding any other provision of this By-law, it shall be lawful to emit
or cause or permit the emission of noise or vibration in connection with
emergency measures undertaken:
5.1.1 for the immediate health, safety or welfare of the inhabitants or any
of them; or
5.1.2 for the preservation or restoration of property; unless such noise or
vibration is clearly of a longer duration or nature more disturbing, than is
reasonably necessary for the accomplishment of such emergency purpose.
6.
GENERAL EXEMPTIONS:
6.1
This By-law shall not apply to a person who emits or causes or permits
the emission of noise in connection with any of the activities listed in
Schedule "C" attached hereto this By-law.
7.
GRANT OF EXEMPTION BY COUNCIL:
7.1
Application to Council
Notwithstanding anything contained in this By-law, any person may make
an application to Council to be granted an exemption from any of the
provisions of this By-law with respect to any source of noise or vibration for
which he/she might be prosecuted.
7.2
Details of Application for Exemption
The application mentioned in subsection 7.1 shall be made in writing and
contain:
7.2.1 the name, address and telephone number of the applicant;
7.2.2 a description of the source and location of sound in respect of which
exemption is sought;
7.2.3 a statement of the particular provision(s) of this By-law from which
the exemption is sought;
7.2.4 the period of time, of a duration not in excess of six (6) months, for
which the exemption is sought;
7.2.5 the reasons why the exemption should be granted;
7.2.6 a statement of the steps, if any, planned or presently being taken
to bring about compliance with this By-law.
7.3
Decision
In deciding whether to grant the exemption, Council shall give the applicant,
and any person opposed to the application an opportunity to be heard and
may consider such other matters as it deems appropriate. The Council, by
resolution, may refuse to grant an exemption or may grant the exemption
applied for or may grant an exemption of lesser effect. An 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 the
Village deems appropriate.
7.4
Breach
Breach by the applicant of any of the terms or conditions of any
exemption granted by Council shall render the exemption null and void.
8.
ORDERS
8.1
If an Officer is satisfied that a contravention of this By-law has occurred, the
Officer may make an Order requiring the person who contravened this By-
law or who caused or permitted the contravention or the owner or occupier
of the land on which the contravention occurred to take actions to correct
the contravention.
8.2
The Order shall set out:
8.2.1 Reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred.
8.2.2 The work to be done and the date by which the work must be
done.
8.3
An Order may be served personally upon the person to whom it is
directed to or sent by regular mail to the address shown on the last
revised assessment roll or to the last known address.
8.4
An Order under Section 8.1 may require action be taken even though
the facts which constitute the contravention of this By-law were
present before this By-law making them a contravention came into
force.
8.5
No person shall fail to comply with an Order issued pursuant to
Section 8.1.
8.6
If an Officer is satisfied that a contravention of this By-law has
occurred, the Officer may make an order, known as a Discontinue
Activity Order, requiring the person who contravened this 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
contravening activity.
8.7
The Discontinue Activity Order shall set out:
8.7.1 Reasonable particulars of the contravention adequate to
identify the contravention and the location of the land on which
the contravention occurred.
8.7.2 The date by which there must be compliance with the
Discontinue Activity Order.
8.9
A Discontinue Activity Order may be served personally upon the
person to whom it is directed to or sent by regular mail to the address
shown on the last revised assessment roll or to the last known
address.
8.10 No person shall fail to comply with a Discontinue Activity Order issued
pursuant to Section 8.6.
8.11 In the event the Officer is unable to serve an Order under the
provisions of this By-law, the Order shall be posted in a conspicuous
place on the property, and the placing of the Order shall be deemed to
be sufficient service of the Order on the property owner.
9.
ENTRY AND INSPECTION:
9.1
An Officer may at any time, enter onto land to determine whether this
By-law is being complied with.
9.2
Every owner shall permit the Officer to inspect any land for the
purpose of determining compliance with this By-law.
9.3
Notwithstanding any provision of this By-law, an Officer shall not
enter or remain in any room or place being used as a dwelling,
unless:
9.3.1
the consent of the occupier is obtained, the occupier first
having been informed that the right of entry may be refused
and, if refused, may only be made under the authority of a
warrant issued under the Provincial Offences Acti
R.S.O.1990, c.P.33, as amended.
9.3.2
a warrant issued under the Provincial Offences Act,
R.S.O.1990, c. P.33, as amended, is obtained.
10.
OBSTRUCTION:
10.1 No person shall hinder or obstruct, or attempt to hinder or obstruct,
any Officer exercising a power or performing a duty under this By-law.
10.2 Any person who has been alleged to have contravened any of the
provisions of this By-law, shall identify themselves to the Officer upon
request, failure to do so shall be deemed to have obstructed or
hindered the Officer in the execution of his duties.
11.
PENALTY:
11.1 Every person who contravenes any of the provision of this By-law and
every Director or Officer of a Corporation, who knowingly concurs in
the contravention by the Corporation, is guilty of an offence under the
provisions of the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
11.2 Every person who contravenes the provisions of this by-law and every
Director or Officer of a Corporation, who knowingly concurs in the
contraventions by the corporation, is guilty of an offence and liable:
11.2.1 upon a first conviction, to a fine of not be less than $300 and
the maximum shall not exceed $100,000 exclusive of costs
under the provisions of the Municipal Act, 2001, S.O. 2001, c.
25, as amended.
11.2.2 upon a second, or subsequent conviction, to a fine of not be
less than $500 and the maximum shall not exceed $100,000
exclusive of costs under the provisions of the Municipal Act,
2001, S.O. 2001, c. 25, as amended.
11.3 For the purpose of continuous offences, every person who
contravenes any provision of this by-law and every Director or Officer
of a Corporation who knowingly concurs in the contravention of a by
law of the Corporation is guilty of an offence and liable on conviction to
a penalty not exceeding $10,000, exclusive of costs under the
provisions of the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
11.3.1 Despite section 11.3 and the provisions of the Municipal Act,
2001, S.O. 2001, c. 25, as amended, the total of all daily fines
for the offence is not limited to $100,000.
11.4 For the purpose of multiple offences, every person who contravenes
any provision of this by-law and every Director or Officer of a
Corporation who knowingly concurs in the contravention of a by-law of
the Corporation is guilty of an offence and liable on conviction to a
penalty not exceeding $10,000, exclusive of costs under the
provisions of the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
11.4.1 Despite section 11.4 and the provisions of the Municipal Act,
2001, S.O. 2001, c. 25, as amended, the total of all daily fines
for the offence is not limited to $100,000.
12.
SEVERABILITY:
12.1 If any court of competent jurisdiction declares any section or part of
this By-law to be invalid, such section or part of a section thereof shall
be deemed to be severable and all other sections or parts of this By
law shall be deemed to be separate and independent there from and
to be enacted as such and the remainder of the By-law shall be valid
and shall remain in force.
13.
EFFECTIVE DATE:
13.1 That this By-law shall come into force and effect on the date of
passing.
BY-LAW 9 9 9 o f 2 0 2 4 READ A FIRST, A SECOND AND THIRD TIME
AND FINALLY PASSED THIS 8th DAY OF OCTOBER 2024.
THE CORPORATION OF THE VILLAGE OF OIL SPRINGS
______________________
Ian Veen, Mayor
______________________
Martha Gawley, Clerk-Treasurer
Schedule "A"
General Prohibitions
The following activities are subject to prosecution pursuant to Section 3 of
the By-law, if clearly audible at a point of reception:
1.
The operation of any electronic device or group of connected electronic
devices
incorporating
one
or
more
loudspeakers
or
other
electromechanical transducers, and intended for the production,
reproduction or amplification of sound;
2.
The operation of a stereo or other electronic device designed to amplify
sound in, or on, a motor vehicle in such a way that the sound can easily
be heard outside of the motor vehicle;
3.
Persistent barking, calling, or whining or other similar persistent noise
made by any domestic pet, or any other animal kept or used for any
purpose other than agriculture;
4.
The operation of any construction equipment, combustion engine or
pneumatic device without an exhaust or intake muffling device in good
working order and in constant operation;
5.
Racing of any motorized conveyance other than in a lawful racing event;
6.
The operation of a motor vehicle or motorized conveyance in such a
way that the tires squeal;
7.
The operation of a motor vehicle or motor vehicle with a trailer resulting
in banging, clanging, squealing or other like sounds due to improperly
secured load or equipment, or inadequate maintenance;
8.
The operation of a motorized conveyance or motor vehicle horn or other
warning device except where required or authorized by law or in
accordance with good safety practices;
9.
The operation of an air conditioner, water pump, heat pump or the like
that is not in proper working order;
10.
Ring bells, blow or sound any horn, yelling, shouting, hooting, whistling
or singing;
11.
All selling or advertising by shouting or outcry or amplified sound.
12. - Any unwanted or meaningless sound that in the opinion of the Officer
is likely to disturb the inhabitants of the Village.
Schedule "B" Prohibitions by Time
The following activities are subject to prosecution pursuant to Section 4 of the By-law, if clearly
audible at a point of reception:
Column 1
Column 2
Column 3
Item
Activity
Prohibited Period of time
Permitted Period of time
1
Construction or
maintenance
activities other
than snow
removal
Monday to Friday
Monday to Friday
From 8:00pm to 7:00am
From 7:00am to 8:00 pm
the next day
Saturday, Sunday,
Saturday, Sunday,
Statutory Holidays
Statutory Holidays
From 8:00pm to 9:00am
From 9:00 am to 8:00pm
the next day
2
The operation of
Construction
Equipment
Monday to Friday
Monday to Friday
From 8:00pm to 7:00am
From 7:00am to 8:00 pm
the next day
Saturday, Sunday,
Saturday, Sunday,
Statutory Holidays
Statutory Holidays
From 8:00pm to 9:00am
From 9:00 am to 8:00pm
the next day
3
Domestic Tool
Monday to Friday
Monday to Friday
From 9:00pm to 7:00am
From 7:00am to 9:00 pm
the next day
Saturday, Sunday,
Saturday, Sunday,
Statutory Holidays
Statutory Holidays
From 9:00pm to 9:00am
From 9:00 am to 9:00pm
the next day
4
Lawn
Maintenance
Equipment
Monday to Friday
Monday to Friday
From 9:00pm to 7:00am
From 7:00am to 9:00 pm
the next day
Saturday, Sunday,
Saturday, Sunday,
Statutory Holidays
Statutory Holidays
From 9:00pm to 9:00am
From 9:00 am to 9:00pm
the next day
Schedule "C"
General Exemptions
The following activities are considered to be exempt from the provisions of
this By-law:
1.
The sirens or noises associated with essential services, all activities of
the Village, the County of Lambton, the Province of Ontario, any utility
provider, or their servants or agents associated with the provision of
maintenance or essential services;
2.
Parades, activities or special events permitted by Council;
3.
The use of vehicles, equipment and construction equipment when
utilized for the clearing of snow from public and private property;
4.
The noise caused by farm equipment performing any farm operation;
5.
The ringing of bells, chimes or clocks associated with religious or public
buildings or uses;
6.
Generators for the purpose of power outages.
Village of Oil Springs
Schedule "D" Noise By-Law 999 of 2024
Part 1 - Provincial Offenses Act
Set Fine Schedule
ITEM
COLUMN 1 - SHORT FORM
WORDING
COLUMN 2
Offence
Creating
Provision
COLUMN 3
SET FINE
1
Emit Sound from Racing -
motorized conveyance
Sec 2.1
$250.00
2
Emit Sound from Squealing Tires
Sec 2.2
$250.00
3
Emit Sound from Ineffective
Exhaust
Sec 2.3
$250.00
4
Emit Sound from Use of Horn
other than warning
Sec 2.4
$250.00
5
Emit Sound from Ineffective
Muffling device - construction
equipment
Sec 2.5
$250.00
6
Emit Sound from Loudspeakers -
amplifiers
Sec 2.6
$250.00
7
Emit Sound from Barking, Calling
or Whining of domestic pet
Sec 2.7
$250.00
8
Emit Sound from Engine
Combustion on toy device not
used for conveyance
Sec 3.1
$250.00
9
Emit Sound from Signalling Device
other than when required
Sec 3.3
$250.00
10
Emit Sound from Yelling,
Shouting, Whistling or other noise
Sec 3.5
$250.00
11
Emit Sound from Selling -
advertising by shouting
Sec 3.6
$250.00