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(M. Oshry)
Recommendation:
That the February 1, 2016, Community Services report CR_3091, be received for
information.
Report Summary
This report provides an overview of current regulations in place to limit and
prohibit excessive noise.
Previous Council/Committee Action
At the November 3, 2015, City Council meeting, Councillor M. Oshry made the following
inquiry:
The use of amplified noise by individuals on public property can often disturb the
peace of others and infringe on their peaceable enjoyment of public space. It can
also be a detriment to nearby businesses, as potential customers may avoid the
location.
Can Administration outline the current regulations in place that limit or prohibit
excessive noise and provide any suggestions on how noise provisions can be
strengthened to deal with amplified noise, specifically including, but not limited to,
noise that is produced by proselytizers and other individuals located in public spaces
and on city sidewalks?
Report
Current Regulations
The Citys Community Standards Bylaw regulates excessive noise. The Bylaw
establishes a number of offences to address various types of noise, or activities
that generate noise, and places limitations on how and when these activities may
occur. Garbage collection at night, hours of construction, the use of engine
retarder brakes, and motorcycle decibel levels are issues addressed through
specific offences in the Bylaw.
The Community Standards Bylaw also contains a general offence to address
other common complaints of excessive noise. Section 14 of the Bylaw states
that a person shall not cause or permit any noise that disturbs the peace of
another individual. In responding to noise complaints, Enforcement Officers
apply objective standards to determine if any offence has occurred.
Consideration is given to the volume, frequency, duration, time of day and time of
week, the nature or use of the surrounding area, the decibel level if measured,
and other situational factors that may be relevant.
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Officers will usually seek compliance through the use of warnings and public
education. The majority of violations are resolved without the need to take formal
enforcement action. If compliance cannot be achieved through warnings,
Officers will collect evidence or a witness statement, which clearly establishes an
offence, before a fine is issued.
In 2015, Community Standards received 959 noise complaints from citizens.
Most of these complaints related to nighttime garbage collection, nighttime snow
removal, construction, noisy air conditioners, and noise stemming from festivals
held across the City. It is estimated that only a very small percentage of noise
complaints received are related to proselytizers, street performers, buskers, or
other individuals on city streets or parkland. Individuals who have previously
been the subject of these complaints have been responsive to Officers requests
to reduce the volume of noise being emitted or to move their location to mitigate
citizen concerns.
In responding to complaints of this nature, it is an important distinction that
Officers have the ability to regulate the volume and duration of noise and not the
content or the type of noise emitted. The Canadian Charter of Rights and
Freedoms protects the freedom of assembly and the freedom of expression,
however unpopular a persons view or expression may be. Activities relating to
street preaching or street performing on public spaces would fall under this
protection.
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