This is an automated transcription (OCR) of the captured
official document — minor recognition errors are possible; the source
document governs.
Snapshot 4631f3f126e3 · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
## The Corporation of the Town of Petrolia By-law Number 61 of 2009
## A BY-LAW TO PROHIBIT AND REGULATE NOISE AND VIBRATION
WHEREAS Section 129 of the Municipal Act 2001 states that a Municipality may Prohibit and Regulate matters with respect to noise and vibration excluding lands approved for industrial use within the Industrial District;
AND WHEREAS the Council wishes to list the By-law as an Offence under Part 1 of the Provincial Offences Act;
NOW THEREFORE the Municipal Council of the Corporation of the Town of Petrolia enacts the following:
## Definitions Section 1
"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.
"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 and rollers, pumps, concrete mixers, graders or other material handling equipment.
"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.
"Council" means the Council of The Corporation of the Town of Petrolia.
"Dwelling Unit" means a dwelling unit within the meaning of the Zoning By-Law.
- "Engine Brake" means a device commonly used in a truck, power unit, semi-trailer unit to slow or brake the vehicle by means of closing exhaust valves on the engine of the vehicle, or any similar device.
- "Industrial District" means an industrial district as established by The Zoning ByLaw and subject to the provisions of an approved site plan control agreement.
- "Minister" means the Minister of the Environment and Energy (MOEE)
- "Ministry" means the Ministry of the Environment and Energy (MOEE)
- "Motor vehicle" includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power; or a motorized snow vehicle, ATV, machine gin, farmering scle Hipley matic At of husbandry or road building
"Motorized conveyance" means a conveyance propelled or driven otherwise than by a muscular, gravitational or wind power.
"Municipality" means the land within the geographic limit of the Town of Petrolia.
"Noise" means unwanted sound as regulated in the provisions of the by-law and includes but not limited to any unreasonably loud or excessive noise, noise which unreasonably disturbs, injures, or endangers the co-repose health, peace or safety of reasonable persons of ordinary standing within the jurisdictional limited of the Town and /or noise which is so harsh, prolonged, unnatural, or unusual in time place as to occasion unreasonable discomfort to any persons with neighbourhood from which said noises emanate, or as their guests operators or customers of places of business, or as to detrimental adversely affect such residences or place of business.
"Outdoor Public Event" means an outdoor concert, sporting event, festival attraction or similar event, whether held on private or public property which the public-at-large is invited or admitted.
"Permitted Premises" means permitted premises within the meaning Alcohol and Gaming Regulations Act, 1997.
"Person" includes any company, corporation, owner, partnership, firm, association, society or party.
"Point of Reception" means any point on the premises of a person where sound or vibration originating from other than those premises is received.
"Police" means any member of the Ontario Provincial Police
"Municipal Enforcement Officer" means any person appointed by the municipality to act as a Municipal Enforcement Officer / Provincial Offenses Officer and or By-law
## SECTION 2 General Prohibitions
## Emissions - clearly audible - set out
No person shall emit or cause or permit the emission of sounds resulting from an act in so far as they are calculated to disturb the inhabitants of the Town of Petrolia more specifically described as factors for determining whether a sound is unreasonably loud or excessive include, but are not limited to the proximity of the sound to sleeping facilities, whether residential commercial, the land use, nature and zoning of the area from which the sound enters and the area where it is received or perceived, the time of day or night the sound occurs, the duration of the sound, the volume of the sound, the nature of the sound, whether the sound is recurrent, intermittent or constant, and the nature of the event or activity from which the sound emanates;
Racing - motorized conveyance - exception No person shall emit or cause or permit the emission of sound as a result of Racing of any Motorized Conveyance other than in a racing event regulated by law.
## 3.2 Tires - squealing
No person shall emit or cause or permit the emission of sound as a result of the operation of a motor vehicle in such a way that the tires squeal.
## 3.3 Engine - pneumatic device - exhaust - ineffective and Engine Breaking
No person shall emit or cause or permit the emission of sound as a result of the operation of any combustion engine or pneumatic device without an effective exhaust or intake muffling device in good working order and that is in constant operation and engine breaking.
## 3.4 Horn - use - other then warning
No person shall emit or cause or permit the emission of sound as a result of the operation of a motor vehicle horn or other warning device except where required or authorized by law or in accordance with good safety practices.
## 3.5 Construction equipment -operation
No person shall emit or cause or permit the emission of sound as a result of the peration any item of construction equipment in an area without ettective mutili evices in good working order and that is in constant operatio
## Section 4 PROHIBITIONS - BY TIME - PLACE
No person shall within the limits of the Town of Petrolia make or permit to be made the following noises and vibrations in so far as they are calculated to disturb the inhabitants of those communities.
## 4.1 Engine - combustion - toy - for amusement
No person shall emit or cause or permit the emission of sound that is clearly audible at a point of reception from the operation of a combustion engine which, is or, is used in, or 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.
## 4.2 Loudspeakers - amplification sound equipment
No person shall emit or cause or permit the emission of sound that is clearly audible at a point of reception from the operation of any 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 unless a Special Events Permit has been approved by permit issued by the Town.
## 4.3 Signaling device - use other than for safety
No person shall emit or cause or permit the emission of sound that is clearly audible at a point of reception from the operation of any auditory signaling device, including but not limited to the ringing of bells or gongs and the blowing of horns, the use of drums, 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.
## 4.4 Barking - calling -- other - animal - pet
No person shall emit or cause or permit the emission of sound that is clearly audible at a point of reception from the persistent barking, calling or whining or other similar persistent noise making by any domestic pet or any other animal kept or used for any purpose other than agriculture.
## 4.5 Selling - advertising - by shouting
No person shall emit or cause or permit the emission of sound that is clearly audible at a point of reception from selling or advertising by shouting or outcry or amplified sound.
## 4.6 Construction Activity and Construction equipment - use
construction between 9:00pm to 7:00am, unless in the commission of work connected with an emergency.
## 4.7 Tools - domestic use - exception - snow removal
No person shall emit or cause or permit the emission of sound that is clearly audible at a point of reception from the operation or use of any tool for domestic purpose other than snow removal between 9:00pm to 7:00am.
## 4.8 Refuse - compacting equipment - other
No person shall emit or cause or permit the emission of sound that is clearly audible at point of reception from the operation of solid waste bulk lift or refuse compactir quipment between 9:00pm to 7:00ar
## 4.9 Vehicles
No person shall emit or cause or permit the emission of sound that is clearly audible at a point of reception caused by any licensed or unlicensed motorized vehicle, including trucks, motor cars, snow mobiles, motor bikes, and ATV's, in starting up or driving said motorized vehicle, truck, motor car, snow mobile, motor bike, and ATV's.
## SECTION 5 Penalty Section
- 5.1 Every Person who contravenes any provision of this by-law is guilty of an offence and on conviction may be subject to a fine as provided for in the Provincial Offences
See Set Fine "Schedule A" attached
## SECTION 6 Enforcement
- 6.1 For the purposes of this by-law, this by-law is enforced by the Ontaric Provincial Police, By-law officer, Provincial Offenses Officer, or any persor appointed by the Municipality to enforce said by-law.
## SECTION 7 Investigation
- 7.1 For the purpose of this by-law an appointed person such as the Ontario Provincial Police, Municipal Enforcement Officer, Provincial Offences Officer may enter onto private property to determine the source of a Sound or Noise.
## SECTION S Repeal
- 8.1 That any by-laws or provisions of by-laws found to be inconsistent with the provisions found in this by-law shall be and are hereby repealed.
By-law read a first and second time the 10th day of August, 2009.
By-Law read a Third Time and finally passed this 10" day of August, 2009
Mayor
<!-- image -->
Clerk's Certificate
Certified a true copy of By-Law Number 61-2009 passed by the Council of The Town of Petrolia on this 10# August, 2009.
## TOWN OF PETROLIA
SCHEDULE "A" to BY-LAW No. 61 of 2009
TITLE: Noise By-law
PART 1 - Provincial Offences Act
## SET FINE SCHEDULE
Page 1
| ITEM | COLUMN 1 Short Form Wording | COLUMN 2 Provision Creating or Defining Offence | COLUMN 3 Set Fine |
|--------|--------------------------------------------------------------------------------------------------------|---------------------------------------------------|---------------------|
| | Emit Sound from Racing - motorized conveyance | Sec. 3.1 | $250.00 |
| 2 | Emit Sound from Squealing Tires | Sec. 3.2 | $250.00 |
| | Emit Sound from Ineffective Exhaust - Engine Breaking | Sec. 3.3 | $250.00 |
| 4 | Emit Sound from Use of Horn other than warning | Sec. 3.4 | $250.00 |
| | Emit Sound from Ineffective Muffling device - construction equipment | Sec. 3.5 | $250.00 |
| 6 | Emit Sound from Engine Combustion on toy device not used for conveyance | Sec. 4.1 | $250.00 |
| | Emit Sound from Loudspeakers - amplifiers | Sec. 4.2 | $500.00 |
| | Emit Sound from Signaling Device other than when required | Sec. 4.3 | $250.00 |
| 9 | Emit Sound from Barking, Calling or Whining of domestic pet | Sec. 4.4 | $250.00 |
| 10 | Emit Sound from Yelling, Shouting, Whistling or other noise for the purposes of selling or advertising | Sec. 4.5 | $250.00 |
| 11 | Emit Sound from Construction and /or Use of Construction equipment after hours | Sec. 4.6 | $250.00 |
| 12 | Emit Sound from Use of Domestic equipment after hours | Sec. 4.7 | $250.00 |
| 13 | Emit Sound from Use of waste or refuse equipment after hours | Sec. 4.8 | $250.00 |
| | Emit Sound from Noise from licensed or unlicensed motorized vehicles | [Sec. 4.9 | $250.00 |
NOTE: The penalty section for offences cited above is Section 5.1 of By-law No. 61 of 2009, a certified copy of which has been filed.
OFFICE OF THE RECIONAL SENIOR JUSTICE ONTARIO COURT OF JUSTICE WEST REGION
80 DUNDAS STREET LONDON, ONTARIO NGA 683
September 11, 2009
Ms. Dela Horley Clerk/ Administrator Town of Petrolia 411 Greenfield Street P.O. Box 1270 Petrolia, Ontario NON 1RO
Dear Ms. Horley:
Re: Set Fines - Provincial Offences Act - Part I By-law Number 61 of 2009, of the Town of Petrolia
Enclosed herewith is a copy of an Order, and a copy of a schedule of set fines for the above referenced By-Law, the By-law indicated in the schedule.
The setting of the fines does not constitute my approval of the short form of wording used to describe the offences.
I have forwarded the copy of the Order and the schedule of set fines to the Provincial Offences Court in Sarnia together with a certified copy of the By-law.
<!-- image -->
Yours traly,
Kathleen E. McGowan Regional Senior Justice West Region
Enclosures
/pP
CC:
Manager, Provincial Offences Court
TOWN OF PETROLIA
SEP 1 5 2009
RECEIVED
<!-- image -->
BINET DU JUGE PRINCIPAL REGION REGION DE L'OUEST
TE FANE COPIEUR (519) 0-3-2892
## ONTARIO COURT OF JUSTICE 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. 61 of 2009, of the Town of Petrolia, attached hereto are the set fines for those offences. This Order is to take effect September 11, 2009.
Dated at London this 11th day of September, 2009
<!-- image -->
Kathleen E. McGowan Regional Senior Justice West Region
## TOWN OF PETROLIA
SCHEDULE "A" to BY-LAW No. 61 of 2009 TITLE: Noise By-law PART 1 - Provincial Offences Act
## SET FINE SCHEDULE
Page 1
| ITEM | COLUMN 1 Short Form Wording | COLUMN 2 Provision Creating or Defining Offence | COLUMN 3 Set Fine |
|--------|--------------------------------------------------------------------------------------------------------|---------------------------------------------------|---------------------|
| 1 | Emit Sound from Racing - motorized conveyance | Sec. 3.1 | $250.00 |
| | Emit Sound from Squealing Tires | Sec. 3.2 | $250.00 |
| 3 | Emit Sound from Ineffective Exhaust - Engine Breaking | Sec. 3.3 | $250.00 |
| 4 | Emit Sound from Use of Horn other than warning. | Sec. 3.4 | $250.00 |
| 5 | Emit Sound from Ineffective Muffling device - construction equipment | Sec. 3.5 | $250.00 |
| 6 | Emit Sound from Engine Combustion on toy device not used for conveyance | Sec. 4.1 | $250.00 |
| 7 | Emit Sound from Loudspeakers - amplifiers | Sec. 4.2 | $500.00 |
| 8 | Emit Sound from Signaling Device other than when required | Sec. 4.3 | $250.00 |
| 9 | Emit Sound from Barking, Calling or Whining of domestic pet | Sec. 4.4 | $250.00 |
| 10 | Emit Sound from Yelling, Shouting, Whistling or other noise for the purposes of selling or advertising | Sec. 4.5 | $250.00 |
| 11 | Emit Sound from Construction and /or Use of Construction equipment after hours | Sec. 4.6 | $250.00 |
| 12 | Emit Sound from Use of Domestic equipment after hours | Sec. 4.7 | $250.00 |
| 13 | Emit Sound from Use of waste or refuse equipment after hours | Sec. 4:8 | $250.00 |
| | Emit Sound from Noise from licensed or unlicensed motorized vehicles | Sec. 4.9 | $250.00 |
NOTE: The penalty section for offences cited above is Section 5.1 of By-law No. 61 of 2009, a certified copy of which has been filed.
## PROTECTION
## Chapter 772 NOISE
## CHAPTER INDEX
## Article 1 INTERPRETATION
772.1.1 Construction - defined
772.1.2 Construction equipment - defined
772.1.3 Conveyance - defined
772.1.4 Council - defined
772.1.5 Highway - defined
772.1.6 Minister - defined
772.1.7 Ministry - defined
772.1.8 Motor vehicle - defined
772.1.9 Motorized conveyance - defined
772.1.10 Municipality - defined
772.1.11 Noise - defined
772.1.12 Noise control officer - defined
772.1.13 Point of reception - defined
## Article 2 GENERAL PROHIBITIONS
772.2.1 Emissions - clearly audible - set out
772.2.27 Racing - motorized conveyance - exception
772.2.3 Tires - squealing
772.2.4 Engine - pneumatic device - exhaust - ineffective
<!-- image -->
772.1.1
772.5.1
772.6.1
NOISE
## Article 5 ENFORCEMENT
Fine - for contravention
## Article SEVERABILITY
Validity
## Article 7 REPEAL - ENACTMENT - CONDITIONAL
772.7.1 By-laws - previous
772.7.2 Minister - approval - required
Minister - approval - received
·
## Article 1 INTERPRETATION
## Construction - defined
"construction" includes erection, alteration, repair, dismantling, demo-
## 772.1.2 Construction equipment- defined
"construction equipment" means any equipment or device designed nd intended for use in construction or material handling, including ut not limited to, air compressors, pile drivers, pneumatic or hydrauli tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators and rollers, pumps, concrete mixers, graders or other material handling equipment.
## 772.1.3 Conveyance - defined
"conveyance" includes a vehicle and any other device employed to anspoit a person or persons or goods from place to place but does no aclude any such device or vehicle if operated only within the premise of a person.
772.1.3
772.2.1
NOISE
## Article 2 GENERAL PROHIBITIONS
## 772.2.1 Emissions - clearly audible - set out
No person shall omit or cause or permit the emission of sound resulting from an act as set out in:
- (a) this Article, which sound is clearly audible at a point of reception; and
- (b) Article 3, if clearly audible at a point of reception located in the municipality within a prohibited time shown. By-law 29-1997, 14 April, 1997.
## 772.2.2 Racing - motorized conveyance - exception
Racing of any motorized conveyance other than in a racing event regulated by law is prohibited.
## 772.2.3 Tires - squealing
The operation of a motor vehicle in such a way that the tires squeal is prohibited.
- 772.2.4 Engine - pneumatic device - exhaust - ineffective The operation of any combustion engine or pneumatic device without
an effective exhaust or intake muffling device in good working order and in constant operation, is prohibited.
## ingine - operation - more than 5 minutes - stationar
he operation of an engine or motor in, or on, any motor vehicle c item of attached auxiliary equipment for a continuous period exceeding ve minutes, while such vehicle is stationary in a residential area: rohibited unless the provisions of Section 772.2.6 through 772.2.1 apply.
## 772.2.6 Engine - operation - continuous - if recommended
period shall not be exceeded.
## Engine - operation - continuous - essential to operation
Section 772.2.5 does not apply if the 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.
772.2.7
hanical transducers, and intended for the production, reproduction o mplification of sound is prohibited at all times. By-law 28-1990, April, 1990.
## 772.3.4 Signalling device - use other than for safety
The operation of any auditory signalling device, including but not limited to the ringing of bells or gongs and the blowing of horns, the use of drums, or sirens or whistles, or the production, reproduction o1 amplitication of any similar sounds by electronic means except where required or authorized by law or in accordance with good safety practices is prohibited at all times. By-law 28-1990, 9 April, 1990; By-law 29-1997, 14 April, 1997..
## Barking - calling - other - animal - pet
Persistent barking, calling or whining or other similar persistent noise making by any domestic pet or any other animal kept or used for any purpose other than agriculture, is prohibited at all times.
## 772.3.6 Yelling - shouting - whistling - other
yelling, shouting, hooting, whistling or singing is prohibited at all times.
## 772.3.7 Selling - advertising - by shouting
All selling or advertising by shouting or outcry or amplified sound is prohibited at all times.
## 772.3.8 Construction equipment - use
The operation of any equipment in connection with construction is prohibited between 9:00 p.m. to 7:00 a.m.
## 772.3.9 Tools - domestic use - exception - snow removal
The operation or use of any tool for domestic purposes other than snow 'emoval is prohibited between 9:00 p.m. to 7:00 a.m
## 772.3.10 Refuse - compacting equipment - other
The operation of solid waste bulk lift or refuse compacting equipment is prohibited between 9:00 p.m. to 7:00 a.m.
!
...........