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HomeMy WebLinkAboutWD-25-96 Tim rstr~rs t Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: JULY 2, 1996 ', Report #: *•*n~o c _ o c File #: File # ®¢~ Res. #~~fl_ 4~6-9~ By-Law Subject: REQUEST FOR A~ITHORIZATION TO EXCEED THS 11:00 P.M. TO 7:00 A.M. TIDE LIMIT SPECIFIED IN BY-LAAi 89-184 TO FACILITATE RECONSTRUCTION OF RING 3TREET EAST, BOWMANVILLE Recommendations: It is respectfully recommended that the General Purpose and Administration Com~ittee recommend to Council the following: 1. THAT Report WDj-25-96 be received; _ 2. THAT authorization be granted to Novacor Construction to exceed the 11cI,00 p.m. to 7:00 a.m., time limit specified in By-law 89-.184 , Section (j), to facilitate extended working hours for the Yeconstruction of King .Street Easb from Ontario .Street to Frank Street in Bowmanville. 3. THAT. Don Bouxne, Project Manager, Totten Sims Hubcki Associates, beadvised of Council's decision.. REPORT 1.0 ATTACHMENTS. No. 1: By-lpw 89-184, as amended No. 2: Construction Schedule 2.0 BACKGROUND 2.1 .Novacor Construction was awarded the contract to reconstruct King Street Ea$t from Ontario Street to Frank Street. Due to unpredictable Situations, it has been necessary to work beyond normal working, hours in order to maintain traffic flow and ensure essential services are not interrupted. Phase II, ~~~~ REPORT NO.: WD-25,-96 PAGE 2 scheduled for July 8 through July 19, 1996, (Attachment No. 2) includes the extension of underground services through the intersection. This segment of the construction may cause disruption to local traffic and businesses. 2.2 By-law 89-184 as amended (Attachment No. 1) in summary, prohibits noises likely .to disturb the inhabitants, etc. Section (j) states: "any noise arising between the hour of 11 o'clock P.M. of any day and 7 o'clock A.M. of the following day from any excavation or construction work whatsoever, including the erection, demolition, alteration or repair of any building authorized by the Town, except in the case of urgent necessity and then under authorization from the Town". 2.3 The Problem The reconstruction of King Street East in Bowmanville is a major project through the central business area. Several times, due to unexpected circumstances, it has been necessary for the contractor to work late into the evening in order to restore adequate vehicular traffic and essential services. Commencing in early July, the intersection of Liberty Street and King Street will be under construction. At a site meeting held on Monday, June 17, 1996, options were discussed regarding the most efficient approach to complete that phase which includes. the intersection construction. It was agreed that extended working hours during that phase of construction and in urgent situations would. allow the contractor to complete the project, especially through the intersection, in a shorter peri©d of time. The situations considered to be an urgent necessity which may require the contractor to operate beyond the times specified in the by-law are: a) when unexpected problems occur which could compromise safety and impair the provision of essential services; 1002 REPORT NO.: WD-25-96 PAGE 3 b) when continuing to complete a segment of the construction is more efficient than restoring and then returning the next morning to re-excavate the site; c) during the reconstruction of the intersection of Liberty and King ,Street. 2.4 Notification to the Public Notification to the general public is not possible during unexpected problems, unless it is an emergency. Every effort is made to inform either residents and businesses directly affected. In a situation where late work is anticipated in advance, either handouts will be delivered or on-site staff will personally advise residents and businesses. 2.5 Reconstruction of_the Liberty Street/King Street Intersection Phase II of the construction which includes the extension of underground services through the intersection is scheduled for July 8 to July. 19, 1996. This phase of the construction may cause the greatest disruption to traffic and business. The ability to woK~k beyond the 11:00 P.M. to 7:00 A.M. time restriction will significantly reduce the time required to complete this phase of the construction. 3.0 With authorization from Council to extend the permitted working hours, the contractor will be able to complete the project more efficiently, reduce the impact to business and residents, and ultimately reduce the overall construction period. It is therefore, recommended that Council approve the above recommendations in accordance with By-law 89-184 Section (j ~ . 3~~3 REPORT NO.: WD-25-~6 PAGE 4 Respectfully submitted, Reviewed by, Ste-pheen A. Vokes, P. Eng. W.H. Stockwell, Director of Public Works Chief Administrative Officer :jco June 26, 1996 Attachments (2) pc: Don Bourne, Project Manager Totten Sims Hubicki Associates P. O. Box 910 Cobourg, Ontario K9A 4W4 ~oU~ ~`"~';. THE CORPOBATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 80-184 being a by-law to prohibit noises likely to disturb the inltabitante of the Town of Newcastle and a by-law to repeal Bylaw 87.181 end ell previous by-laws related thereto WHEREAS Section 210.182 The Municipal Act, R.S.O. 1980, C. 302 provides tktat by-laws may be passed by the Council of a municipality, for prohibiting ar regulating within the municipality, or within any deemed area or areas thereof, the ringing of bells, the blowing of horns, shouting and unusual noises, or noises likely to disturb the inhabitants: AND WHEREAS the Council of the Corporation oC the Town of Newcastle deems it appropriate to enact a by-law to reduce and control such noises: NOW THEREFORE, the Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. No person shall in the Town of Newcastle ring any bell, blow or sound say horn or cause the came to be rung, blown or sounded, shout or create, cause or permit any unusual noises or __ ___ noises likely to disturb the inhabitants of the Town of Newcastle. 2. Without limiting the generality oC Paragraph 1 of thin by-law the following noises are hereby -~ deemed to be noises Wcely to disturb the inhabitants of the Town of Newcastle: a) the ringing oC belle, blowing of horns or sounding of s'vena on any motor vehicle except to the extent that such ringing, blowing or sounding is requved by law or by the requvement of safety; b) the sound or noise from or created by a radio or phonograph, or any musical or sound- producing instrument of whatsoever ]find when such radio or phonograph or instrument ie played or operated in each manner or with each 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; c) the grating, grinding or rattling noise or sound reused by a condition of disrepa'v or maladjustment of any motor vehicle, motorcycle, or other vehicle whatsoever or part or accessory thereof; d) the blowing of m+v steam or air whistle attached to or used in connection with arty stationary boiler or other machine or mechmdsm, except for the purpose of giving notice to workmen of the time to commence or case work or as a warning o[ danger; e) the noise made by power lawnmowers, outboard motors or similar power motors; 0 the noise made by the discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motorcycle except through n muRler ar other device which effectively prevents loud or explosive noise; ~ arty noise which may be heard beyond the lot upon which it is made at sufficient volume to disturb persons beyond such lot; h) the persistent barking, calling or whining, or other similar persistent noise made by any domestic pet, or aqv other ertimal kept, ar used Cor any purpose other than agriculture; i) with respect to a 4cenaed canine kennel there aha8 be a noise cmCew imposed, to wit: (i) evenings Sunday to Friday inclusive, there shall be a curfew commencing et 11 o'clock P.M. and each curfew shell continue until 7 o'clock AM. of the following day; Saturday, the curfew shall commence at 11 o'clock P.M. and shall continue until 8 o'clock AM. Sunday morning, REPORT WD=25-96 (ii) during the periods identified as the curfew hours, any kennel noise, more ATTACHMENT NO . particularly the barking of doge, which carries beyond the boundary of the property upon which the licensed kennel ie situated skull be deemed to be a contravention; and (iu) that during non-curfew hours, that is from 7 o'dock A.M. to 11 o'dock P.M., Monday to Saturday inclusive, and from B o'clock AM. to 11 o'clock P.M. Sunday, continuous barking for a period in excess of 7. hour at any bate shall be deemed to be a contravention; and 1 {1 (1 __. jF ~t...o----._--_-~ / ~, ~' ~ ~ ~ Z By-]aw No. 89- 184 j) any noise arising between the hour of 11 o'clock P.M. oC any say and 7 o'clock AM. of the following day Crum any excavation or construction work whatsoever, including the erection, demolition, alteration of repair of any building authorized by the Town, except in case of urgent necessity and then under authorization Gom the Town. Notwithstanding the other provisions of this Bylaw, this by-law shall not apply to Prevent: a) the use in a reasonable manner o[ any apparatus or mechanism for the amplification of the human voice or of music in a Public place within the limits of the Corporation; b) any military or other band or any parade operating with written permission Coat being obtained from the Town oC Newcastle; c) any veMcle o[ the police or fu•e department or any ambulance or any public service or emergency vehicle in the dieclmrge of its assigned duties; d) any sound arising Crom the operation of any railway which operates under The Ra;lway Act of Canada or from aN' plant or work in connection with any each railway; e) the sounding of church bells or carillons; and f) the making by enY Person upon his own property of noise which is reasonable and necessary for his enjoyment and use oC such property provided that such noise does not interfere with the enjoyment of any adjoining property owner. Notwithstanding the other provisions oC this by-law, this by-law shall not apply to a person who permits or causes the emission of sound in connection vrith any oC the traditional, Ceative, religious activities and such other activities listed hereunder; a) the Bowmanville Foundry Co. Ltd.. manufacturing; b) Goodyeaz Canada Inc., manufacturing; c) J. Anderson Smith, manufacturing, d) Curvply Wood Products Ltd., P~ydeeigna, Nesting Furniture; e) Oshawa Ski Club, recreational snowmaking; q parades, contoolled demonstrations and rallies and municipally sponsored events; ~ all agricultural properties where noise emissions are duectly related to normal agricultural activities; h) licensed pit end quarry operations except where ouch operations are restricted to specified hours of operation through municipal development agreements where each home are more restrictive than any which may be prescribed by by-law; i) Mosport Perk, automobile, motorrycle racing, and j) St. Marys Cement, its licensed pit and quarry operations and all essesaory uses related thereto. 6, A noise curfew shall apply to the following operations and or businesses within the Town of Newcastle sa follows: a) Orono Fish and Hunt Club, shooting range b) Union Road and Gun Club, shooting range; end c) The Marksman Club of Oshawa 1006 This curfew shall comma Mant 1lthrou h S ~~ s On Saturday,, thecocurfew shall commence AM. of the following day, dqy B at 11 o'clock P.M. and continue until 9 o'cock AM. and then resume at 11 o'clock P.M. on Sunday. It is noted that noises eminating from each operations shall not be considered a violation when wdd nrwratione are carried on outside the Lime periods set by a curfew. >, ~~~)~ fir- •. ',l , ~\ .g. Bylaw No. 88.184 8. A noise curfew shall apply to the use of propane guns and other such devices aseoaated, used to protect agricultural products from predation by water, land Cow] and bird life. Thin curfew shall commence at 11 o'clock P.M. and shall continue until 7 o'clock A.m., seven days a week. 7. ENFORCEMENT The prodsions of the Bylaw shall be enforced on a complaint basis only, by Durham Region Police Department and the Bylaw Enforcement Department as the town's designated noise control officers. 8. PENALTY Every person who contravenes any of the provisions of this by-]aw ie guilty of an offence end shall, upon conviction thereof, forfeit and pay a penalty of not less than $60.00 and not more than $2,000.00 exclusive of costa and every such fate u recoverable under the Provincial OR'encea Act. The court, wherein the information is fu•st laid, and aryy court oC competent jurisdiction thereatteq may issue an order prohibiting the continuation or repetition of the offence by the persona convicted, and such un order shall ba in addition to any other penalty Imposed on the person convicted. 0. By-law 87.131 of the Corporation of the town of Newcastle and ell bylaws of the Town of Newcastle's predecessor municipalities not consistent with this Bylaw are hereby repealed. 10. This by]aw comes into force on the day it is passed. By-law read a fmat and second time this 11 day of December, 1988. Bylaw read a third time and futaLLy passed this 11 day of December, 1888. 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