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HomeMy WebLinkAbout97-125 1 r ' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 97-125 being a By-law to amend By-law No. 78-50 as amended respecting the holding of certain public entertainment, festivals and parades within the Municipality of Clarington WHEREAS the Council of The Corporation of the Municipality of Clarington deems it expedient to amend By-law No. 78-50, as amended, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: I. By-law No. 78-50, as amended, is further amended by: A. deleting the words "Town of Newcastle" wherever they appear and by replacing them with the words "Municipality of Clarington". B. adding to the aforesaid By-law No. 78-50 new Schedules "A", "B", "C", "D" and "E" in the form and with the content of Schedules "A", "B", "C", "D" and "E" attached to and forming part of this By-law; C. adding new paragraphs 2(h), (i), 0) and (k) as follows: "(h) in the case of automobile or motorcycle racing which is a public entertainment for the purposes of this By-law, a letter signed by the Municipality of Clarington's Director of Public Works stating that in his opinion he is satisfied with the written evidence provided to him by the applicant, which shall include the written opinion of a professional engineer retained by the applicant and the evidence relied on by the professional engineer, that in the professional engineer's opinion the maximum level of audible sound measured in accordance with this By-law at each of 4 noise monitoring locations proposed by the applicant each of which shall be adjacent to a different boundary of the land on which the automobile or motorcycle racing is proposed to be undertaken shall not exceed the maximum level of audible sound set out below at any of the times set out below: Maximum Level Hours To of Audible Sound 12:01 AM 9:59 AM 45 dBA 10:00 AM 11:59 AM 60 dBA 12:00 NOON 4:59 PM 70 dBA 5 PM Midnight 60 dBA provided that in the case of "Mosport Park" which comprises the lands and premises more particularly described in Schedule "A" hereto, the noise monitoring locations shall be situated within 10 metres of a boundary of Mosport Park shown on the Map contained in Schedule "B" attached to and forming part of this By-law. (i) an agreement executed by the applicant by which the applicant agrees with the Municipality of Clarington to save the municipality harmless from and indemnify it in respect of all By-Law No. 97-125 Page 2 costs, charges, expenses and liability that it may incur as a result of the applicant's undertaking of the automobile or motorcycle racing public entertainment, and the municipality's undertaking of monitoring by the municipality's employees, contractors or consultants of the level of sound or noise generated by the automobile or motorcycle racing in question at not more than the 4 noise monitoring locations referred to in paragraph 2(h), and reporting to the Council of the municipality respecting such monitoring; (j) a letter signed by the Municipality of Clarington's Director of Public Works of the municipality setting out his estimate of the costs, charges, expenses and liability that the municipality will incur as a result of the applicant's undertaking of the automobile or motorcycle racing in question, and the municipality's undertaking of monitoring by the municipality's employees, contractors or consultants of the level of audible sound generated by the automobile or motorcycle racing in question, at the 4 noise monitoring locations referred to in paragraph 2(h), and the aforesaid Director's estimate of the amount of money that in his opinion should be required to be deposited by the applicant with the municipality from which the municipality may appropriate money in order to save the municipality harmless from and to indemnify it in respect of the aforesaid costs, charges, expenses and liabilities. (k) a certified cheque payable to the Municipality of Clarington in an amount equal to the municipality's Director of Public Works' estimate set out in his letter referred to in paragraph 4(n) of the amount of money that should be required to be deposited by the applicant with the municipality from which the municipality may appropriate money in order to save the municipality harmless from and to indemnify it in respect of the costs, charges, expenses and liabilities to the municipality in respect of the matters referred to in paragraph 20)." D. repealing section 6 and by replacing it with the following: 116. For the purposes of this By-law means an engineer who is qualified in his name to practice professional engineering and is licenced to do so under the Professional Engineers Act, R.S.O. 1990 c.P.28 as it may be amended from time to time." E. renumbering sections 7 and 8 as sections 8 and 9 respectively and by adding a new section 7 as follows: "7(1) For the purposes of this By-law the term, (a) "Acoustic Calibrator" means an electro-mechanical or mechanical device intended for the calibration of sound level meters and meeting the specifications of instrumentation for equipment used in the measurement of sound set out in Schedule "C" attached to and forming part of this By-law. (b) "A-weighting" means the frequency weighting characteristic as specified in Schedule "D" attached to and forming part of this By-law and intended to approximate the relative sensitivity of the normal human ear to different frequencies (pitches) of sound. ' 4 By-Law No. 97-125 Page 3 f j (c) "A-weighted sound pressure level" means the sound pressure level modified by application of the A-weighting. It is measured in decibels, A-weighted, and denoted dBA. (d) "decibel" or "dB" means a dimensionless measure of sound level or sound pressure level in which sound levels are measured. (e) "dBA" means the dB level to which has been applied the A-Weighting. (f) "effective sound pressure" at a point means the root-mean square value of the instantaneous sound pressure, over a time interval, at the point under consideration as detected with a sound level meter meeting the specifications for equipment used in the measurement of sound set out in the aforesaid Schedule "C". (g) "Fast response" means a dynamic characteristic setting of a sound level meter meeting the specifications for equipment used in the measurement of sound set out in the aforesaid Schedule "C". (h) "frequency" of a periodic quantity means the number of times that the quantity repeats itself in a unit interval of time. The unit of measurement is hertz (Hz) which is the same as cycles per second. (i) "Quasi-steady impulsive sound" means a sequence of impulsive sounds emitted from the same source, having a time interval of less than 0.5 seconds between successive impulsive sounds. (j) "Slow Response" means a dynamic characteristic setting of a sound level meter meeting the specifications for equipment used in the measurement of sound set out in the aforesaid Schedule "C". (k) "Sound" means an oscillation in pressure, stress, particle displacement or particle velocity, in a medium with internal forces (e.g. elastic, viscous), or the superposition of such propagated oscillation, which may cause an auditory sensation. (1) "Sound level" means an A-weighted sound pressure level. (m) "Sound level meter" means an instrument which is sensitive to and calibrated for the measurement of sound. (n) "Sound Pressure" means the instantaneous difference between the actual pressure and the average or barometric pressure at a given location. The unit of measurement is the micropascal (uPa) which is the same as a micronewton per square metre (uN/m2). (o) "Sound pressure level" means twenty times the logarithm to the base 10 of the ratio of the effective pressure (p) of a sound to the reference pressure (pr) of 20 uPa). (2) For the purposes of paragraph 2(h) of this By-law, the measurement procedures which shall be followed in measuring the level of audible sound are set out in Schedule "E" attached to and forming part of this By-law. By-Law No. 97-125 Page 4 2. The invalidity of any section, portion of a section, paragraph, portion of a paragraph, clause, or portion of a clause of this By-law is not intended to and shall not affect the validity of any other provision of this By-law. BY-LAW read a first and second time this 23rd day of June, 1997. BY-LAW read a third time and finally passed this 23rd day of June, 1997. j i ayor e _Cler SCHEDULE "A" l Lots 33, 34 and 35 and the unopened original road allowance between Lots 34 and 35, Concession 9, Geographic Township of Clarke, Municipality of Clarington, Regional Municipality of Durham. SCHEDULE "B" Ir f J ( 1 I Jj n I j 1'i\ \\ ilk- 30 It ,Jf St If �Qc SCHEDULE "C" SPECIFICATIONS FOR EQUIPMENT USED IN MEASUREMENT OF SOUND A. General Purpose Sound Level Meter (1) Purpose A General Purpose Sound Level Meter is a sound level meter which is intended to be used for the measurement of non-impulsive sounds, without significant A- weighted acoustic energy above 2000 Hz. (2) Specifications A sound level meter which meets the following specifications is a General Purpose Sound Level Meter: (a) the sound level meter, including a microphone equipped with a windscreen shall be consistent with the provisions of Schedule "D" attached to and forming part of this By-law; (b) the sound level meter shall incorporate A-weighting; (c) the sound level meter shall have a minimum usable range of sensitivity of from 40 dBA to 100 dBA and it shall read to an accuracy of +/-1.0 dB over that range; (d) a windscreen shall be installed on the microphone and shall not affect by more than 1 dB the tolerance prescribed in clauses (a) and (c); (e) the sound level meter, including a microphone equipped with a windscreen, shall, when operated in the presence of wind, indicate a wind- induced sound level not in excess of the relevant value listed in Table C-1 below. TABLE C - 1 WIND SPEED dBA 15 km/h 41 20 km/h 48 25 km/h 53 B. Acoustic Calibrator (1) Purpose An Acoustic Calibrator is an electro-mechanical or mechanical device which produces sound of a known frequency and which, when coupled to a sound level meter, produces a predictable response in the sound level meter if the sound level meter is operating properly at the calibration frequency. -2- (2) Specifications A device, capable of producing sound, which meets the following specifications is an Acoustic Calibrator: (a) the device shall be capable of being physically attached to a sound level meter in such a way that the device and the sound level meter are "acoustically coupled", that is, sound from the device is transmitted through the air by way of a chamber formed by the attachment of the device to the microphone of the sound level meter; (b) the device shall produce sound of a stated frequency, within a frequency tolerance of +1-5%; (c) the manufacturer of the device shall provide with the device, any data required in order to determine the sound level reading which should be indicated on the sound level meter when calibrated for those microphone and sound level meter types with which the manufacturer recommends the device be used. Where additional accessories must be used to provide this sound level reading, the manufacturer shall state that they must be used; (d) the maximum tolerance in the sound pressure level generated by the device when coupled to the microphone shall apply over an atmospheric pressure range of 87 kPa to 107 kPa, and shall be +1-0.5 dB over the temperature range of from 0°C to 40°C and +/- 1.0 dB over the temperatutre range of from -10°C to 50°C. (e) if the device is battery powered, means for checking the battery condition shall be included with the device; (f) the following data shall be provided with the device by the manufacturer, (i) the nominal sound pressure level produced, (ii) the nominal frequency at which the device operates, (iii) the ranges of temperature and atmospheric pressure over which the device is intended to operate, and the applicable overall sound pressure level tolerance for these ranges. s SCHEDULE "D" The content of Schedule "D" attached to and forming part of By-law No. 97-124 is hereby incorporated into and comprises the content of this Schedule "D". SCHEDULE "E" MEASUREMENT PROCEDURES 1. Measurement of Steady or Impulsive Sound (1) (a) Classification For the purpose of this procedure sounds are placed in three mutually exclusive categories as follows: (i) Quasi-Steady Impulsive Sounds, such as, but not limited to, the sound from pavement breakers, riveting guns, ineffectively muffled internal combustion engines or ineffectively muffled air compressors; (ii) buzzing sounds, such as, but not limited to, the sounds from positive displacement blowers, chain saws, small combustion engines and concrete finishers; (iii) all other sounds including rock music. (b) Ap lication This procedure applies to measurement at a point in reception of: (i) sound of a type mentioned in category (i) of clause 1(1)(a); and (ii) sound of a type mentioned in categories (ii) or (iii) of clause t(t)(a), which is always higher then the permissible level or which, when the sound is present, does not vary in level over a range of more than 6 dB during the period of observation. 2. Instrumentation (a) Sound Level Meter (i) A General Purpose Sound Level Meter shall be used for the measurement of sound in categories (i), (ii) and (iii) of clause 1 (i)(a). (b) Calibrator An Acoustic Calibrator shall be used. (c) Windscreen A windscreen shall be used in all outdoor measurements. -2- 3. Measurement Location For sound transmitted solely through air, the measurement location shall be the points of reception specified in paragraph 4(a) of this By-law. 4. Use of Instrumentation (a) Battery Check If the sound level meter is battery powered the condition of the battery shall be checked after the meter has been allowed to warm up and stabilize. the battery condition shall be rechecked at least once per hour during a series of measurements and at the conclusion of such measurements. The meter shall not be used unless the battery condition is confirmed to be within the range recommended by the manufacturer for proper operation. (b) Calibration The sound level meter shall be calibrated after the meter has been allowed to warm up and stabilize at least once per hour during a series of measurements and at the conclusion of such measurements. (c) Sound Level Meter Settings Measurements shall be taken using the following response settings: (i) Slow Response (dBA) The slow response and A-weighting shall be used for sound in categories (i), (ii) and (ii) of clause l(1)(a). (d) Instrument Configuration (i) Reflective Surfaces The microphone shall be located not less than 1 metre above the ground, not less than 1 metre from any sound reflective surface and not less than arm's length from the body of the person operating the meter. Not more than one person, other than the operator of the meter, shall be within 7 metres of the microphone and that person shall be behind the operator of the meter. (ii) Microphone Orientation The microphone shall be oriented such that the sound to be measured is incident at an angle recommended by the microphone manufacturer for flattest frequency response in a free field. (d) Measurement - Slow Response (i) Readings Taken For sound in categories (i), (ii) and (iii) of clause l(1)(a), a minimum of three observations,with a minimum observation time of 15 seconds each . r -3- i shall be made. The observed average reading for each of the observations shall be noted as well as the minimum and the maximum of the range of sound levels during each observation period. If the difference between any two observed average readings is greater than 3 dB, a minimum of six observations shall be made. (e) Variation in Calibration Measurements shall not be reported if the sound level meter calibration has changed more than 0.5 dB from the previous calibration. (i) Weather Conditions (a) Wind Measurements shall not be taken unless the wind-induced sound level is more than 10 dB below the measured levels. (b) Humidily Measurements shall not be taken if the relative humidity is above the maximum for which the meter specification is guaranteed by the manufacturer (normally 90%) (c) Precipitation Measurements shall not be taken during precipitation. (d) Tem ern ature Measurements shall not be taken when the air temperature is outside the range for which the specifications of the instrument is guaranteed by the manufacturer. 5. Documentation The following represents the minimum information which shall be contained in a report of an investigation where the above procedure was used. (a) Acoustic Environment (i) Location and description of sound sources. (ii) Dimensioned sketch including photographs, if possible, of the location of the sound source and the point of reception, showing all buildings, trees, structures and any other sound reflective surfaces. (iii) Physical and topographical description of the ground surface. (iv) Meteorological conditions prevailing at the time of the investigation including approximate local wind speed in km/h, wind direction, air temperature in °C, approximate relative humidity and extent of cloud cover. • 1 i -4' (b) Instrumentation All the equipment used for making sound level measurements shall be listed, including: (i) type, model and serial number of sound level meter; (ii) type, model and serial number of microphone; (iii) type, model and serial number of Acoustic Calibrator; (iv) extension cables and additional amplifier, if used. (c) Acoustical Data The measurement details shall be described, including: (i) the location of the microphone, using a sketch if necessary; (ii) measurements or readings obtained, preferably listed in tabular form, referencing location on a sketch or map, time periods involved, and relevant data required for making calculations; and (iii) details of any calculations. B