HomeMy WebLinkAboutCLD-009-09C1~111~t0~1 REPORT
Leadang t e Way
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 25, 2009 ~eS~~~tt01'l~~~A-~7-~ .-~;~"3
Report #: CLD-009-09 File #: By-law #:
Subject: Request for Noise Exemption and Road Occupancy Permit
DATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-009-09 be received;
2. THAT an exemption to the curfew requirements contained in Clarington Noise
By-law 2007-071 be granted to the organizers of Sonfest, to be held at Holy Trinity
High School 2260 Courtice Road;
3. THAT the organizers be granted a Road Occupancy Permit for their procession on
Saturday August 15th, 2009 provided all the Municipality's requirements are met; and
4. THAT the interested parties listed in Report CLD-009-09 be advised of Council's
decision.
Submitted
PAB*LC
d ~~_
Reviewed by: Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.:CLD-009-09
BACKGROUND AND COMMENT
Page 2 of 3
At the regular Council meeting held on April 27th 2009, Council heard a delegation from Mrs.
Iman Deal on behalf of the Youth Advisory Committee of St. Therese Parish requesting an
exemption to Clarington Noise By-law 2007-071 Section 3.1. The Committee is organizing the
6th annual SONfest on behalf of the Peterborough Diocese. The event will take place at Holy
Trinity Catholic Secondary School at 2260 Courtice Road from August 13th to the 16th.
Section 3.1 of Clarington Noise By-law 2007-071 referred to in the Youth Advisory
Committee's request, deals with curfews but these curfews apply to only 3 specific situations:
the licensed gun ranges, the operation of a licensed kennel and construction noise. All other
noise falls into the general provision listed in Section 1(b) which prohibits the following:
"sound or noise from or created by a radio or phonograph, or any musical or sound-
producing instrument of whatsoever kind when such radio or phonograph or instrument
is played or operated in such manner or with such volume as to annoy or disturb the
peace, quiet, comfort or repose of any individual in any dwelling house, apartment
house, hotel or other type of residence outside the premises where the instrument is
being played;"
The Youth Advisory Committee intends to have religious music, preferably live, on Sunday
morning August 15th at 9:00 a.m. during the religious service. At first glance Section 1(b)
would appear to eliminate any opportunity for music to be played.
Notwithstanding this prohibition, however, the By-law further states:
2.1 Notwithstanding the other provisions of this By-law, the restrictions listed in
sections 1.1 and 1.2 shall not apply to prevent:
(a) .the use, in a reasonable manner, of any apparatus or mechanism for the
amplification of the human voice or music in a public place within the limits
of the Municipality; ...
REPORT NO.:CLD-009-09
Page 3 of 3
(e) the sound of church bells or carillons; and..."
While the section specifically refers to church bells, it is not an unreasonable stretch to include
religious music in general during a religious event.
Staff have met with the organizers of the event to discuss the proposed music. At present,
plans have not been finalized but the intent is for quieter music, more in keeping with the
religious intent of the event. There are several other matters which must also be addressed
before the permit can be issued by the Municipal Clerk.
Among those issues is the need for a Road Occupancy Permit. On Saturday morning August
15th at 8:00 a.m. there is to be a Procession from Holy Trinity north to St. Therese Church at
3800 Courtice Road. This will involve approximately 250 youth walking in orderly fashion
along the side of the road. The original intent had been to use Courtice Road. However,
Regional Works has advised that the road will be closed for reconstruction north of Highway 2.
Alternate routes are currently being explored with the Engineering Department and will be
finalized in the near future.
Staff are respectfully recommending that the Youth Advisory Committee's request for
exemption to the Noise by-law 2007-071 be forwarded to Council for approval and that and the
required Road Occupancy Permit be approved provided the organizers apply for and obtain a
Road Occupancy Permit from the Engineering Services Department.
INTERESTED PARTIES
Mrs. Iman Deal