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HomeMy WebLinkAboutBYL 06-23 p](KER1NG Report to Council Report Number: BYL 06-23 Date: October 23, 2023 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Noise Control By-law Review and Update -File: L-2200 Recommendation: 1. That this Report BYL 06-23 be received; 2. That the attached Noise Control By-law be enacted; and 3. 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 within and outside the Region of Durham. A review of best practices, common issues and successful outcomes was undertaken. Council Resolution #121/23 directed staff to consult with the public regarding the Noise Control By-law. As result of that consultation, changes to the Noise Control By-law are being recommended. A draft new Noise Control By-law is attached to this Report (Attachment No. 1). The changes contained in the new Noise Control By-law address concerns raised by residents’ during the public consultation, and add more clarity to certain sections of the existing By-law. The City’s existing Noise Control By-law already contains provisions similar to those found in the by- laws of other municipalities, but the proposed revisions will result in a clearer, more effective by- law. Issues related to construction noise and noise caused by vehicle alarm systems will be more clearly regulated in the new Noise Control By-law. In particular, revised provisions in the new Noise Control By-law regarding noise caused by places of worship, work carried out by a municipality or utility company, railroad noise and common household noises have been included. Increased fine amounts and provisions for continuing offences have been included to enable more effective prosecution. A special fine for noise resulting from activity that generates a financial gain has also been added. New fine amounts implemented in May, 2023 have been carried forward into the new Noise Control By-law. Financial Implications: There are no financial implications arising from this Report. Additional staffing will not be required to enforce the new Noise Control By-law. In the event of any future material increase in Noise Control By-law enforcement activity, any required staff increases will be proposed for consideration in future years. BYL 06-23 October 23, 2023 Subject: Noise Control By-law Review and Update Page 2 Discussion: Council Resolution #995/22 directed staff to review and report back to Council regarding proposed changes to the Noise Control By-law. Staff undertook a review of best practices, challenges, successes and issues that required updating in regards to noise. Staff reviewed by-laws from the City of Toronto, Town of Markham, Town of Ajax, City of Oshawa, Town of Aurora, City of London, Town of Ajax, Town of Whitby and other municipalities. Council Resolution #121/23 directed staff to commence a public consultation and report back with to Council with changes to the Noise Control By-law in October, 2023. Attached is a proposed new Noise Control By-law (Attachment No. 1) that includes many of the existing by-law’s provisions but makes key changes in the areas outlined in this Report. Council Resolution #200/23 directed staff to increase the fines for violations of the Noise Control By-law. These increased fines have been included in the new draft Noise Control By-law to serve as an enhanced deterrent. There was some public feedback that the fines were excessive. In this regard, it must be noted that the maximum fine amounts are not applicable in all cases. They represent the highest penalty a court has the power to impose. In situations that are minor in nature, a ticket can be issued and the fine sought will be lower. The maximum fine is usually reserved for extreme and excessive situations. Ultimately, a Justice of the Peace decides the amount of a fine once a conviction has been registered. The results of a Public Consultation conducted from April 19 to May 20, 2023 indicate general support for the staff-recommended changes and express concern about matters that are either already regulated adequately under the Noise Control By-law or are regulated by other by-laws or legislation. A total of 271 participants took the survey and provided input into the by-law revisions. The majority of the responses expressed approval of the proposed changes which are generally described below. a. A common concern expressed related to loud vehicle exhausts. Vehicle exhaust noise is regulated under the Highway Traffic Act. City staff do not have the legal authority to stop a moving motor vehicle, nor do staff have the training or expertise required to evaluate if a vehicle has been modified or is damaged and is causing excessive noise. Durham Regional Police Service actively conduct enforcement related to this under the Highway Traffic Act and will continue to address these matters. For these reasons, provisions regarding exhaust noise have not been added to the draft new Noise Control By-law. b. Noise related to construction and music are the two most frequently reported types of disturbance, and account for the majority of noise complaints received by the City. Another type of noise complaint that has been increasing over the years is related to vehicle security systems. These systems are becoming more advanced and there is an increase in complaints related to false alarms. Accordingly, 88% of survey respondents agreed with regulating vehicle alarms. c. Furthermore, 78% of survey respondents wanted changes to the times that construction noise could occur. Many respondents seemed confused about the differentiation between construction noise and the use of tools for domestic work. The Noise Control By-law allows a resident to use power tools for work on their properties outside of the restricted hours for construction works such as building of houses. The change to the Noise Control By-law in relation to construction hours reflects a balance between responses received and allowing BYL 06-23 October 23, 2023 Subject: Noise Control By-law Review and Update Page 3 construction work to occur. If enacted, the new Noise Control By-law would prohibit construction noise from 7:00 pm to 7:00 am Monday to Friday, from 7:00 pm to 9:00 am on Saturday, from 6:00 pm Saturday to 7:00 am on Monday, as well as on all statutory holidays. d. In an effort to ensure fairness and consistent enforcement, the exemption surrounding the sounding of bells from a place of worship is expanded to capture all faiths. Some survey respondents opposed expanding this exemption, and expressed a preference for no exemption at all for places of worship. 77% of total respondents were, however, in favour of this exemption. Complaints related to noise transfer in adjoined or stacked living arrangements have been increasing as the City’s housing composition is changing. Staff recognize, however, that the Noise Control By-law should not prohibit ordinary sounds resulting from ordinary living activity. A provision has therefore been added to the Noise Control By-law to address common noises created by the occupancy of a residence. 74% of survey respondents approved the exemption of common household noise. Some opposition to this provision was based on a misunderstanding of what will be exempt. A definition of commonplace household or workplace noise is included in the draft new Noise Control By-law to provide clarity. The definition reflects activities that are considered by an officer to be minor and commonplace such as: noise from such as walking, housecleaning, talking at a normal level, moving of household items and other usual but not excessive noise generated from ordinary day-to-day activity. e. Staff recommend adding battery powered yard maintenance equipment to the by-law provision that previously only included electrical and gasoline powered equipment. 74% of respondents agreed with this change. f. 88% of survey respondents agreed that an officer should have the ability to issue an Order to stop a noise. 78% of respondents were in favour of giving Officers the power to issue such Orders verbally, though some respondents felt such Orders should only be given in writing. Staff recommend allowing an Order to be given both verbally or in writing and a new offence has been created for disobeying an Order. g. Updating the exemption for work undertaken by the City, Regional municipalities, gas, utility and telecommunication companies provides the ability to undertake work to minimize service disruptions. This will also assist in clarifying when there is a need to apply for an exemption. h. Provisions concerning noise occurring from the use of horns or bells as a traffic control or signal as well as noise from railroad warning devices have been updated and clarified. i. An exemption has been added for noise caused by a filming event that has been given required City permits. j. The requirement to produce identification or documents related to an offence has been added. This will allow an Officer to obtain specific documentation from businesses or contractors who are suspected of committing an offence but who may be otherwise unidentifiable. BYL 06-23 October 23, 2023 Subject: Noise Control By-law Review and Update Page 4 In May of this year, increased fines were added to the existing Noise Control By-law as per Council Resolution #200/23. These fines have been carried forward into the draft new Noise Control By-law. 67% of survey respondents approved of the fine increases. Some opposition to the increased fines resulted from respondents who did not know that the fine amounts were maximums, and are not applicable in every case. Courts will impose lower fines for less severe offences and non-repeat offenders. The enforcement of the Noise Control By-law is carried out by Municipal Law Enforcement Services in the course of their normal duties. Durham Regional Police assist by providing after- hours enforcement and in situations where it is unsafe for a Municipal Law Enforcement Officer to attend. The attached draft new Noise Control By-law will allow the City to better regulate bothersome noise. Attachments: 1. Draft Noise Control By-law. Prepared By: Approved/Endorsed By: Original Signed By:Original Signed By: Jason Litoborski, C.P.S.O. Paul Bigioni Manager, Municipal Law Enforcement Services Director, Corporate Services & City Solicitor Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer Attachment #1 to Report BYL 06-23 The Corporation of the City of Pickering By-law No. xxxx/23 Being 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. Whereas the Municipal Act, 2001 provides the ability for a municipality to impose fines in excess of $5000.00 under the Provincial Offences Act R.S.O. 1990, and further allows fines for continuing offences and also allows for special fines that may exceed $100,000.00. Now therefore the Council of The Corporation of the City of Pickering hereby 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; “common household/workplace noise” means noise transferred from an attached unit such as walking, cleaning, talking at a normal level, children playing indoors, the moving of items and other usual but not excessive noise generated by a permitted use of the property; “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; By-law No. xxxx/23 Page 3 “Officer” means an enforcement officer who is employed by the City to enforce provisions of the City’s By-law or a police officer pursuant to section 42 of the Police Service Act; “parks area” means any land owned or operated by the City or the Toronto Region Conservation Authority for park or recreational purpose. “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. By-law No. xxxx/23 Page 4 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 Manager, Municipal Law Enforcement or their designate 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 Manager, after review with appropriate Departments may grant or refuse to grant any exemption request, and may impose any conditions as he or she determines to be appropriate. (3) Where an exemption is granted, breach of any condition of the exemption shall render the exemption null and void. By-law No. xxxx/23 Page 5 Part III – Enforcement Inspections 12. An officer 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: (a) Prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken by an officer. (b) Fail to provide identification or a required document upon request from an officer. Orders 14. Order to Discontinue Activity (a) An officer may order any and all persons to cease causing noise. This includes the ability to require any or all persons involved in causing noise to leave a public place. (b) An order under this section may be given verbally or in writing and may be served personally on the person(s) to whom it is directed. 15. No person shall fail to comply with an order given under the authority of this by-law. Offences and Penalties 16. 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, a minimum fine for each day or part thereof shall be a minimum of $500.00 and a maximum of $10,000. 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 an offence resulted in economic gain or advantage. The maximum amount of a special fine may exceed $100,000. 17. No person shall make a false or intentionally misleading recital of fact, statement or representation in any exemption request. ________________________________ ________________________________ By-law No. xxxx/23 Page 6 Part IV – General Repeal 18. By-law No. 6834/08 is repealed. Short Title 19. This by-law may be cited as the “Noise Control By-law”. Effective Date 20. This by-law comes into effect on the date of its passing. By-law passed this day of October, 2023. Kevin Ashe, Mayor Susan Cassel, City Clerk By-law No. xxxx/23 Page 7 Schedule 1 to By-law No. xxxx/23 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 including a vehicle alarm, siren or security system except where required or authorized by law, functioning within the design or in the interest of good safety practices. Activation of these devices without valid reason or for a period of time that exceeds the normal operating standard. 7. Operation of a motor vehicle other than on a highway or other place where its operation is permitted by law. 8. Persistent noise caused at frequent or lengthy intervals by any domestic pet or any other animal kept or used for any purpose other than agriculture, on a property zoned and used for agriculture. 9. All selling or advertising by shouting or amplified sound. By-law No. xxxx/23 Page 8 Schedule 2 to By-law No. xxxx/23 Activities Prohibited By Time Type of Activity Prohibited Periods of Time 1 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). 9:00 PM to 7:00 AM 2 Persistent yelling, shouting, hooting, whistling or singing. 9:00 PM to 7:00 AM 3 Operation of construction equipment. 7:00 PM to 7:00 AM Monday to Friday and from 7:00pm Friday to 9:00am Saturday, and from 6:00pm Saturday until 7:00am Monday. (all day on statutory holidays) 4 Operation of any powered or non-powered tools for domestic purposes or automotive repair including augers, air compressors, and pneumatic or hydraulic tools. 9:00 PM to 7:00 AM 5 Operation of a combustion engine that is used in a toy or model or replica. 9:00 PM to 7:00 AM 6 Operation of any equipment or machinery used for yard maintenance that is run by electricity, battery or rechargeable energy, or gasoline, including lawn mowers, leaf blowers, chain saws, hedge trimmers, whipper snippers and pressure washers. 9:00 PM to 7:00 AM 7 Operation of snow blowers. 9:00 PM to 6:00 AM 8 Operation of solid waste bulk lift or refuse compacting equipment. 10:00 PM to 6:00 AM By-law No. xxxx/23 Page 9 Schedule 3 to By-law No. xxxx/23 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, a Regional Municipality, any electric utility company, any natural gas utility company, or any telecommunications company and is being completed to minimize disruptions. 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, clocks or other announcements in relation to a property operated as a church, synagogue, temple, mosque, monastery 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. 11. The sounding of bells or horns for traffic control. Including as a traffic signal or associated with the operation of a railroad. 12. Noise transferred from an attached unit such as walking, cleaning, talking at a normal level, children playing indoors, the moving of items and other usual but not excessive noise generated by a permitted use of the property. By-law No. xxxx/23 Page 10 13. Noise caused by a filming event that has any required permits issued by the City of Pickering.