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HomeMy WebLinkAboutBYL 04-23 Report to Executive Committee Report Number: BYL 04-23 Date: March 6, 2023 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Noise Control By-law Review and Update -File: L-2200 Recommendation: 1.That Report BYL 04-23 regarding the Noise Control By-law review and update be received; 2.That staff be directed to proceed with public consultation to obtain feedback from residents regarding the City’s Noise Control By-law 6834/08 and the changes to it that are proposed in this Report; 3.That staff be directed to report back to Council in October, 2023 with the results of the public consultation and a draft new Noise Control By-law for Council’s consideration; and 4.That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this Report. Executive Summary: Council Resolution #995/22 directed staff to review the City’s Noise Control By-law and update it to better reflect current conditions. As a result, staff reviewed and consulted with municipalities in and around the Region of Durham. A review of best practices, common issues and successful outcomes was undertaken. As a result of this review, changes to the Noise Control By-law will be recommended. Staff recommend that a public consultation be carried out to ensure that City residents have an opportunity to provide comments and input that will be taken into account when staff draft the proposed new Noise Control By-law. Proposed amendments to the Noise Control By-law will clarify some of the language in the existing by-law and will address the following matters: (a) construction noise; (b) noise caused by vehicle alarm systems; (c) noise caused by places of worship; (d) noise caused by municipal works, (e) Noise caused by utility companies, (f) railroad noise, (g) common household noises; (h) noise resulting from activities that generate financial gain (including long and short term rental properties); and (h) increased fines and provisions for continuing offences to permit more effective prosecutions. Financial Implications: None. Discussion: Council Resolution #995/22 directed staff to review and report back to Council regarding proposed changes to the Noise Control By-law. Staff under took a review of best practices, challenges, successes and issues that required updating in regards to noise. Staff -C~o/- Pl(KERlNG BYL 04-23 March 6, 2023 Subject: Noise Control By-law Review and Update Page 2 reviewed by-laws from Toronto, Markham, Ajax, Oshawa, Aurora, London, Whitby and other municipalities. The most common noise concerns in the municipalities reviewed by staff arise from construction noise and music. These noise sources also account for the majority of noise complaints in Pickering. Noise complaints about vehicle security systems (false alarms) have also become more prevalent. Staff seek Council’s direction to carry out a public consultation before drafting a new Noise Control By-law. The comments, concerns, ideas and input offered by residents will be taken into account by City staff as they draft the new By-law. Based on their research, City staff have identified areas for improvement or updating which are summarized below. Staff will solicit input from residents on these proposed improvements. Preliminary Staff Proposals: Some municipalities utilize a sound measuring device (decibel meter) and enforce their noise by- laws based on a maximum decibel level. Most municipalities do not use this approach, as it requires specialized equipment, maintenance and training. The use of this type of device also gives rise to evidentiary challenges in court proceedings. The use of noise level measurement as the basis for enforcement is therefore not recommended. Most Ontario municipalities use by-law wording that is similar or identical to the wording in Pickering’s existing Noise Control By-law. Pickering establishes a breach of Noise Control By-law 6834/08 when a noise is audible at a specified point of reception outside the property from which the noise emanates. The use of a measuring device such as a decibel meter is not required to prove a violation of Pickering’s By- law. In Pickering’s Noise Control By-law, there are general prohibitions as well as prohibitions based on the time of day. This is common among many municipalities and staff recommend that these prohibitions remain in place. Staff have identified the following matters for consideration in drafting the new Noise Control By- law: 1.Schedule 1, Section 6 be changed by adding: a vehicle alarm, siren or security system which is being activated without a valid reason, for a period of time that exceeds the normal operating standard or that is not functioning as designed. 2.Schedule 1, Section 8 to be removed as barking dogs are addressed in the Responsible Pet Ownership By-law. 3.Schedule 2, Section 3 be changed to state: Operation of construction equipment is prohibited 7:00 pm to 7:00 am the following day, Monday to Friday and from 7:00 pm on Friday until 9:00 am on Saturday, and from 6:00 pm on Saturday to 7:00 am on Monday. Construction noise is prohibited on statutory holidays. 4.Schedule 2, Section 6 will be changed to include: battery or rechargeable energy equipment or machinery for yard maintenance. BYL 04-23 March 6, 2023 Subject: Noise Control By-law Review and Update Page 3 5.Schedule 3, Section 6 be replaced by: The sounding of bells, chimes, clocks or other announcements in relation to a property operated as a church, synagogue, temple, mosque, monastery or other place of worship between the hours of 7:00 am and 9:00 pm, or any property owned or operated by the City. 6.Schedule 3, Section 4 to be replaced by: Any required emergency work being carried out by the City, a Regional Municipality, electrical utility company, natural gas company or any telecommunications company and is being completed to minimize service disruptions. 7.Schedule 3 adds Section 11: The sounding or bells or horns for traffic control. Including as a traffic signal or associated with the operation of a railroad. 8.Schedule 3 adds Section 12: Noise which results from commonplace household or workplace activates such as sound from furniture being moved, children playing indoors, people engaged in normal conversation or walking or moving within a household unit. 9.Section 13 adds: No person shall fail to provide identification or a required document upon request from an officer. 10.Section 14 be replaced by: Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to: (a)A fine of not more than $100,000; (b)In the case of a continuing offence, the minimum fine of each day or part thereof shall be a minimum of $500.00 and a maximum of $10,000. The total of the daily fines for a continuing offence shall not be limited to $100,000.00; (c)In addition to any other fines under this section, a special fine may be imposed if the commission of the offence resulted in economic gain or advantage. A special fine may exceed $100,000. These changes would address the most common complaints received by the City and would clarify the exemptions. The proposed changes to the times in which construction activities are permitted will give residents additional quiet time on weekends and statutory holidays. Weekends are the time that most complaints related to construction noise are received. The addition of the regulation of vehicle alarms will ensure that false alarms are reduced and allow action for a resident who is setting off an alarm maliciously or purposely. Proposed clarifications to the exemption for religious institutions would better reflect the diverse cultural make-up of the City of Pickering and is in keeping with best practices. Updating the exemption for work undertaken by the City, regional municipalities, gas, utility and telecommunication companies would help minimize service disruptions. BYL 04-23 March 6, 2023 Subject: Noise Control By-law Review and Update Page 4 Proposed changes to the by-law provisions regulating noise from the use of horns or bells as a traffic control or signal, as well as noise from railroad warning devices would be updated and clarified. Complaints related to noise transfer in adjoined or stacked living arrangements have been increasing as the City’s housing composition is changing. A provision to address the fact that common noises created by living or working in a space have been added. While there are times that excessive noise such a loud music may occur, this update will allow those excessive noises to be addressed through the provisions of the by-law, while clarifying that noise from activities that normally occur are not violations. The requirement to produce identification or documents related to the offence has been added. This will allow an officer to request specific documentation from businesses or contractors who may be committing the offence and who may not be otherwise identifiable. Finally, a significant update to the fines would be introduced. Escalating fines for continuing offences would be added. This would provide a greater deterrent. This would also better allow enforcement related to noise produced by entertainment establishments by allowing a per occurrence fine. The addition of a special fine for offences that result from activities carried on for economic gain would be a further deterrent in cases of excessive noise caused by bars, rental properties (both long and short term rentals) or other for-profit activities. Enforcement of the Noise Control By-law is carried out by Pickering Municipal Law Enforcement Services. The proposed by-law changes would not materially increase the cost of enforcement. Durham Regional Police Service assists in providing after-hours noise enforcement, so the proposed changes will be circulated to them in the course of the public consultation. Implementing the changes set out in this Report will allow the most common noise concerns to be regulated more effectively. If Council approves the recommendations in this Report, the public consultation will be carried out, and a new draft by-law will be presented to the Executive Committee in October, 2023 for Council’s consideration. Attachments: 1.Noise Control By-law 6834/08. Prepared By: Approved/Endorsed By: Jason Litoborski, C.P.S.O. Paul Bigioni (Acting) Manager, Municipal Law Enforcement Director, Corporate Services & City Solicitor Services Original Signed By:Original Signed By: BYL 04-23 March 6, 2023 Subject: Noise Control By-law Review and Update Page 5 Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: Attachment #1 to Report BYL 04-23 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO.6834/08 A by-law to prohibit and regulate noise WHEREAS section 129 of the Municipal Act, 2001 provides that a local municipality may prohibit and regulate noise. NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the City of Pickering enacts as follows: PART I -INTERPRETATION Definitions 1. In this by-law, "City" means The Corporation of the City of Pickering or the geographical area of the City, as the context requires; "City Clerk" means the Clerk of the City or a designate; "construction" includes erection, alteration, repair, dismantling, demolition, structural maintenance, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street and highway building, application of concrete, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose; "construction equipment" means any equipment. tool or device designed or capable of use in construction or material handling, including pile drivers, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers and graders; "highway" has the same meaning as in subsection 1(1) of the Highway Traffic Act and includes unopened and unassumed road allowances; "motor vehicle" has the same meaning as in subsection 1 (1) of the Highway Traffic Act and includes a motorized snow vehicle; "parks area" means any land owned or operated by the City or the Toronto Region Conservation Authority for park or recreational purposes; Noise Control By-Law No. 6834/08 Page 2 "person" includes a corporation and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law; "point of reception" means any geographic location at which noise can be heard other than the premises from which the noise originates; "special event" includes a demonstration, parade, sports event, festival, carnival and other similar events; and "statutory holiday" means any day designated as a holiday in the Retail Business Holidays Act. References 2. In this by-law, reference to any Act or by-law is reference to that Act or by- law as it is amended or re-enacted from time to time. 3. Unless otherwise specified, references in this by-law to sections and Schedules are to sections and Schedules in this by-law. Word Usage 4. This by-law shall be read with all changes in gender or number as the context may require. 5. A grammatical variation of a word or expression defined has a corresponding meaning. Schedules 6. The following Schedules are attached to and form part of this by-law: Schedule 1 -PROHIBITED ACTIVITIES Schedule 2 -ACTIVITIES PROHIBITED BY TIME Schedule 3 -EXEMPTED ACTIVITIES Severability 7. Each section of this by-law is an independent section, and the holding of any section or part of any section of this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other section or parts of sections of this by-law. Noise Control By-Law No. 6834/08 Page 3 PART II -REGULATIONS General Prohibitions 8. No person shall cause or permit the emission of any noise resulting from any of the activities listed in Schedule 1 if the noise is audible at a point of reception. Restrictions by Time and Place 9. No person shall cause or permit the emission of any noise resulting from any of the activities listed in Schedule 2 during the prohibited period of time listed opposite such activities if the noise is audible at a point of reception. General Exemptions 10. This by-law shall not apply to a person who causes or permits the emission of noise in connection with any of the activities listed in Schedule 3. Exemption Requests 11. (1) Any person may request an exemption to permit the operation of construction equipment during the period of time prohibited by Schedule 2. All such requests shall be submitted in writing to the City Clerk and shall, (a) identify and describe in detail the construction activity that the applicant wishes to have exempted; (b) set out the time(s) and location(s) for which the exemption is being sought; (c) state the name, address, telephone numbers and facsimile numbers of the applicant; (d) set out the reasons why an exemption should be granted; and (e) be signed by the applicant who shall certifying the accuracy and truth of the contents of the application. (2) The City Clerk may grant or refuse to grant any exemption request, and may impose any conditions as he or she determines to be appropriate. Noise Control By-Law No. 6834/08 Page 4 (3) Where an exemption is granted, breach of any condition of the exemption shall render the exemption null and void. PART Ill -ENFORCEMENT Inspections 12. A municipal law enforcement officer appointed by the City to enforce municipal by-laws may, at any reasonable time, enter upon any property for the purpose of carrying out an inspection to determine whether or not the provisions of this by-law have been complied with. 13. No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken by an officer. Offences and Penalties 14. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act. 15. No person shall make a false or intentionally misleading recital of fact, statement or representation in any exemption request. PART IV -GENERAL Repeal 16. By-law No. 3821 is repealed. Short Title 17. This by-law may be cited as the "Noise Control By-law". Effective Date 18. This by-law comes into effect on the date of its passing. BY-LAW read a first, second and third time and finally passed this 19th day of February, 2008. David~ Debi A. Wilcox, City Clerk SCHEDULE 1 TO BY-LAW NO. 6834/08 PROHIBITED ACTIVITIES 1. Operation of any electronic device or group of connected electronic devices incorporating one or more speakers and intended for the production, reproduction or amplification of sound (including car stereos) at such a volume that it is audible from the interior of a residence or business whose occupant has made every reasonable attempt to mitigate the reception of the noise. 2. Operation of any electronic device or group of connected electronic devices incorporating one or more speakers and intended for the production, reproduction or amplification of sound (including car stereos) in a park area at a volume that a reasonable person would, in all of the circumstances, consider to be excessive, intrusive or disturbing. 3. Persistent yelling, shouting, hooting, whistling or singing at such a volume that it is audible from the interior of a residence or business whose occupant has made every reasonable attempt to mitigate the reception of the noise. 4. Excessive and unnecessary revving of a motor vehicle engine. 5. Operation of a motor vehicle is such a manner that the tires squeal. 6. Operation of a motor vehicle horn or other warning device except where required or authorized by law or in the interest of good safety practices. 7. Operation of a motor vehicle other than on a highway or other place where its operation is permitted by law. 8. Persistent barking, calling, howling, whining or crying at frequent or lengthy intervals by any domestic pet or any other animal kept or used for any purpose other than agriculture. 9. All selling or advertising by shouting or amplified sound. 1 2 3 4 5 6 7 8 SCHEDULE 2 TO BY-LAW NO. 6834/08 ACTIVITIES PROHIBITED BY TIME Type of Activity Operation of any electronic device or group of connected electronic devices incorporating one or more speakers or other electro-mechanical transducers, and intended for the production, reproduction or amplification of sound (including car stereos). Persistent yelling, shouting, hooting, whistling or singing. Operation of construction equipment. Operation of any powered or non-powered tools for domestic purposes or automotive repair including augers, air compressors, and pneumatic or hydraulic tools. Operation of a combustion engine that is used in a toy or model or replica. Operation of any equipment or machinery used for yard maintenance that is run by electricity or gasoline, including lawn mowers, leaf blowers, chain saws, hedge trimmers, whipper snippers and pressure washers. Operation of snow blowers. Operation of solid waste bulk lift or refuse compacting equipment. Prohibited Periods of Time 9:00 PM to 7:00 AM 9:00 PM to 7:00 AM 7:00 PM to 7:00 AM (all day on Sundays & statutory holidays) 9:00 PM to 7:00 AM 9:00 PM to 7:00 AM 9:00 PM to 7:00 AM 9:00 PM to 6:00 AM 10:00 PM to 6:00 AM SCHEDULE 3 TO BY-LAW NO. 6834/08 EXEMPTED ACTIVITIES 1. The use in a reasonable manner of an apparatus or mechanism for the amplification of the human voice or of music in a park area or recreational area provided that the permission of the City has been obtained. 2. Any special event provided that the necessary permissions or approvals have been obtained from the City and the Durham Regional Police Service. 3. Any emergency work undertaken for the immediate health, safety or welfare of the inhabitants of the City or for the preservation, protection or restoration of property. 4. Any emergency work being carried out by the City, The Regional Municipality of Durham, any electric utility company, any natural gas utility company, or any telephone utility company. 5. The ringing of school bells or the sounding of a public address system on a property owned by the Durham District School Board, the Durham Catholic District School Board or a recognized private school. 6. The sounding of bells or chimes on a property operated as a church or a place of worship, or on any property owned or operated by the City. 7. Any sound originating from, or caused by, the operation of farm equipment or machinery for cultivating, seeding, crop maintenance or harvesting purposes on any lands designated as an agricultural area. 8. Any fireworks display authorized by the City in accordance with Fireworks By-law No. 6783/07. 9. Necessary municipal operations carried out in the interest of public necessity and convenience, including but not limited to snow clearing, street cleaning and garbage collection, undertaken by or on behalf of the City. 10. Any snow removal which is essential for the effective operation of a business.