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HomeMy WebLinkAboutCD-26-97 AddendumREPORT X12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON T X REPORT Meeting: COUNCIL Date: JUNE 9, 1997 ADDENDUM TO REPORT Report #:~~ 7 File #: Subject: File # ~? ~' C f Res. # t ~`y~5:,~ - ~ ' _ i By-Law # ~ ~' fir' `~ c; ~ ; -~ PROPOSED AMENDMENTS TO THE NOISE BY-LAW, PUBLIC ~ 7 ~ ENTERTAINMENT BY-LAW AND EXHIBITIONS HELD FOR HIRE OR GAIN BY-LAW Recommendations: It is respectfully recommended Council adopt the following: 1. THAT the Addendum to Report CD-26-97 be received; 2. THAT the Addendum to Report CD-22-97 be lifted from the table and received for information; 3. THAT the amendments to the Municipality's Noise By-law (By-law #89-184, as amended), the Public Entertainment, Festivals and Parades By-law (By-law #78-50, as amended) and the Exhibitions Held for Hire or Gain By-law (By-law #91-56) as set out in Attachments 1, 2 and 3 be passed; and 4. THAT a copy of the Addendum to Report CD-26-97 be forwarded to Mosport Park Limited, International Motor Sports Group and the North Clarington Ratepayers' Association. BACKGROUND AND COMMENT: At the General Purpose and Administration Committee meeting held on June 2, 1997, Report CD-26-97 was received for information. This report stated that the solicitor for IMSG had requested a meeting with staff in order to review the by-law amendments which were put forward on May 20, 1997 under Addendum to Report CD-22-97. Also included in this report was a letter from the North Clarington Ratepayers' Association Inc. which was forwarded following their presentation on May 20, 1997. In this letter, the Association requested that the concert events at Mosport Park be restricted to 60 dBA, with a special provision that would entitle Mosport to apply, twice in a calendar year, for a maximum level of 70 dBA. During a meeting which was held on June 3, 1997, John Magill, the solicitor for IMSG, requested that the noise measurements be carried out again. The basis for this request was that there had Addendum to Report CD-26-97 - 2 - June 9, 1997 never been measurements completed for the road course which is, in fact, IMSG's core business. Although no data has been gathered from this track, the by-laws would impact on their core business. It was suggested that this would allow for a set of measurements which are more practical with the business which is going to be conducted at the site. Staff advised that this would not be acceptable as a great deal of effort has gone into the measurements which have been done to date. During discussions, IMSG agreed to the passage of the by-laws, including the amendment requested by the North Clarington Ratepayers' Association for a 60 dBA level for concerts, on the understanding that occasion-specific amendments can be applied for to permit 70 dBA. The schedules to the proposed by-law amendments are lengthy and have not been reproduced with this report. They are available for examination in the Clerk's office. It is neither the Municipality's nor the Ratepayers' intention to put Mosport out of business. Their first year of operation of the site will be a test period for IMSG, and they have made a commitment to staff to work closely with both groups to make it a success. Respec~f-a3~ly submitted Reviewed by - ~ ~~' ~ a= atti Ba ie, A.M.C.T. W.H. Stockwell Cle Chief Administrative Officer PLB Enc Interested parties to be advised of Council's decision: Mosport Park Limited 825 Denison Street Unit 16 Markham, Ontario L3R 5E4 Debbie Pearl International Motor 65 Queen Street West Suite 1000 Toronto, Ontario MSH 2M5 North Clarington Ratepayers' Association Inc. P.O. Box 346 Orono, Ontario LOB 1M0 Sports Group ATTACHMENT NO. 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 97-124 being a by-law to amend By-law No. 89-184, as amended, a by-law to prohibit noises likely to disturb the inhabitants of the Municipality of Clarington WHEREAS the Council of The Corporation of the Municipality of Clarington deems it expedient to further amend By-law No. 89-184, as amended; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: THAT By-law No. 89-184, as amended, is further amended by: lal deleting the words "Town of Newcastle" wherever they appear and by replacing them with the words "Municipality of Clarington"; Ibl deleting the word "Town" wherever it appears and by replacing it with the word "Municipality"; (c) adding to the aforesaid By-law No. 89-184 new Schedule "A", "B", "C", "D" and "E" in the farm and with the content of Schedules "A", - "B", "C", "D" and "E" attached to and forming of this By-law. (dl renumbering section 1 as subsection 1 (1) and by adding to it after the words "inhabitants of the Municipality of Clarington" the following: "or likely disturb the inhabitants of an area of primary auditory impact in the Municipality of Clarington." lel adding new subsections 1121, 1(31 and 1(4) as follows: "1(2) For the purposes of this by-law an area of primary auditory impact in the Municipality of Clarington is an area within which the ringing of a bell, the blowing or sounding of the horn or the unusual noise is audible to a reasonable inhabitant who is using his land, a public street or a park owned by the Municipality of Clarington for its ordinary purpose. 1131 Nothwithstanding subsection 1 (2) of this By-law, in the case of Mosport Park, for the purposes of this By-law, the area of primary auditory impact is defined to comprise the lands within the Municipality of Clarington which are located within 200 metres from any boundary of Mosport Park. 1 (4) For the purposes of this By-law, Mosport Park comprises those lands and premises that are more particularly described in Schedule "A" attached to and forming part of this By-law." (f) amending section 2 by: (i) deleting the word and figure "paragraph 1" and by replacing them with the words and figure "subsection 1(1) of this By-law; and By-Law No. 97-124 Page 2 (ii) and 6y adding after the words "inhabitants of the Municipality of Clarington" the words "or the inhabitants of an area of primary auditory impact referred to in subsection 1(1)". (gl deleting from paragraph 3(a) the words "public place" and by replacing them with the words "park or recreation centre owned by the Municipality of Clarington"; Ih) amending section 4 by deleting the first three lines thereof and by replacing them with the following: "Notwithstanding the other provisions of this By-law, this By-law shall not apply to a person who permits or causes the emission of sound in connection with any of the traditional religious activities including but not limited to celebrations of members of a religious organization or group, a church. a synagogue or a temple, or such other activities listed hereunder:": (i) deleting paragraph 4(i) and by replacing it with a new paragraph 41i) as follows: "4(il automobile and motorcycle racing at Mosport Park, provided that the maximum level of audible sound in the area of primary auditory impact of Mosport Park measured in accordance with subsection 7(21 of this By-law at any of the noise monitoring locations situated within 10 metres of a limit of Mosport Park and shown on the map contained in Schedule "B" attached to and forming pare of this By-law between the hours of any day set out below does not exceed the maximum level of audible sound also 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 (jl renumbering paragraph 4(j) as paragraph 4(k) and by adding a new paragraph 4(j) as follows: "(jl concerts at Mosport Park, provided that the maximum level of audible sound in the area of primary auditory impact of Mosport Park measured in accordance with subsection 7(21 of this By-law at any of the noise monitoring locations situated within 10 metres of a limit of Mosport Park and shown on the map contained in Schedule "B" attached to and forming part of this By-law between the hours of any day set out below does not exceed the maximum level of audible sound also set out below: By-Law No. 97-124 Page 3 Maximum Level Hours To of Audible Sound 12:01 AM 9:59 AM 45 dBA 10:00 AM Midnight 60 dBA (k) repealing sections 7 and 8; III adding new subsections 7(1) and 121 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 Acoustic Calibrators set out in Schedule "B" attached to and forming part of this By-law. Ib) "A-weighting" means the frequency weighting characteristic as specified in Schedule "C" 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. (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 "d6" means a dimensionless measure of sound level or sound pressure level in which sound levels are measured. lel "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 requirements of Instrumentations for Acoustic Calibrations set out in the aforesaid Schedule "B". (g) "Fast response" means a dynamic characteristic setting of a sound level meter meeting the applicable specifications of Instruments for Acoustic Calibrations set out in the aforesaid Schedule "B" Ih) "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 Acoustic Calibrators set out in the aforesaid Schedule "B". By-Law No. 97-124 Page 4 (k) "Sound" means an oscillation in pressure, stress, particle displacement or particle velocity, in a medium with internal forces fe.g. elastic, viscous), or the superposition of such propagated oscillation, which may cause an auditory sensation. (I) "Sound level" means an A-weighted sound pressure level. Im) "Sound level meter" means an instrument which is sensitive to and calibrated for the measurement of sound. (nl "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 IuN/m~). (ol "Sound pressure level" means twenty times the logarithm to the base 10 of the ratio of the effective pressure Ipl of a sound to the reference pressure (p,) of 20 uPa). (2y For the purposes of paragraphs 4(i) and 41j) 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. (m) adding a new section 8 as follows: "B. Every person who contravenes any of the provisions of this By-law is guilty of an offense under the Provincial Offences Act." 2. The invalidity of any 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. This By-law comes into force on the day it is passed. By-law read a first and second time this 9th day of June, 1997. By-law read a third time and finally passed this 9th day of June, 1997. Mayor ATTACHMENT N0. 2 THE CORPORATION OF THE MUNICIPALITY OF CLARING'PON 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 [he Municipality of Clarington WHEREAS the Council of The Corporation of the Municipality of Clarington deems h 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: By-law No. 78-SQ, 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 m [he 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), (j) and (k) as follows: "(h) in the case of automobile or motorcycle raciog 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 nn by the professional engineer, that in (he prulcasiunal cuginecr'v 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 dte automobile or motorcycle racing is proposed to be undertaken shall not exceed the maximum level of audible sound set out below a any o1' the times set out below: Maximum Level Hours To of Audible Sound 12:01 AM 9:59 AM qg dgA 10:00 AM 11:59 AM 60 dBA 12:00 NOON 4:59 PM 70 dBA 5 PM Midnight 60 dt3A provided that in [he case of "Mosport Park" which comprises the lands and premises more particularly described in Schednle "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 par[ 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 costs, charges, expenses and liability that it may incw' zs a result of the applicant's undertaking of the amomobile or motorcycle racing public entertainment, and the municipality's undertaking of monitoring by the municipality's employees, contractors or consultants of [he level of sound or noise generated by [he automobile or motorcycle racing in question at no[ 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 [he 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, az 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 [he 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 Claring[oo 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 [o be deposited by the applicant with the municipality from which the municipality may appropriate money in order to save the municipality harmess from and [o indemnify it in respect of [he costs, charges, expenses and liabilities to the municipality in respect of the matters referred ro in paragraph 2Q)." (d) repealing section 6 and by replacing it with the following: Page 2 "6. 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." (c) renumbering s'tx;tiuns 7 and 8 as sections S 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 ot'sound level meters and meeting the specit3eations of Instrumentation for Acoustic Calibrators set out in Schedule "B" attached to and forming part of this By-law. (b) "A-weighting" means the frequency weighting characteristic as specified in Schedule "C" attached to and forming par[ of this By-law and intended to approximate the relative sensitivity of the ^ormal human ear to different frequencies (pitches) of sound. By-Law No. 97-125 Page 3 (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 souod 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. (Y) "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 requirements of Instrumentations for Acoustic Calibrations set out in the aforesaid Schedule "B", (g) "Fast response" means a dynamic characteristic setting of a sound level meter meeting the applicable specifications of Instruments for Acoustic Calibrations set out in the aforesaid Schedule "B" (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 Acoustic Calibrators set out in the aforesaid Schedule "B". (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. , (p "Sound level" means an A-weighlcd sound precavc level. (m) "Sound level meter" means an instrument which is sensitive to and calibrated for the measurement of sound. (n) "Sound Pressure" means [he instantaneous difference bctwu;n the aclu;d 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/m~). (o) "Sound pressure level" means twenty times the logarithm to the base to of the ratio of the effective pressure (p) of a sound to the relerence pressure (p,) 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 "L'"' attached m 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 9th day of June, 1997. BY-LAW read a third time and finally passed this 9th day of Tune, 1997. ATTACHt~NT AIO. 3 THE CORPORATION OF THE MUNICH'ALITY OF CLARINGTON BY-LAW NO. 97-126 being a By-law to amend By-law No. 91-56 respecting exhibitions held for hire or gain in [he Municipality of Clarington WHEREAS the Council of The Corporation of the Municipality of Clarington deems it expedient to amend By-law No. 91-56, as amended, NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: By-law No. 91-56, 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) amending the aforesaid By-law No. 91-56 by adding thereto new Schedules "A", "B", "C", "D" and "E" in the form and with the content of Schedules "A", "B", "C", "D" and "E" attached [o and forming part of [his By-law. (c) renumbering paragraphs 4(I) and 4(m) as 4(p) and 4(q) and by adding new paragraphs 4(1), (m), (n) and (o): "4(p in [he case of a concert which is an exhibition held rot hire or gain, a letter signed by [he Municipality of Clarington's Direcmr 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 [he 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 (and on which the concert is proposed to be undertaken shall not excerA the maximum level of audible sound set out below at any of [he times set oat below: Concerts -Maximum Hours To Level of Audible Sound 12:01 AM 9:59 AM 45 dBA 10:00 AM Midnight 60 dBA provided that in [he case of "MospoiY Park" which comprises the lands and premises more particularly described in Schedule "A" hereto, the noise monitoring locations shall be situated within 10 mitres of a boundary of Mosport Park shown on the Map contained in Schedule "B" attached to and forming part of this By-(aw. (ot) an agreement executed by the applicant by which the applicant agrees with the Municipality of Clarington [o save the municipality harmless from and indemnify it in respect of all costs, charges, expenses and liability that it may incur as a result of the applicant's undertaking of the concert refetTed to in 4(p, and the municipality's undertaking of monitoring by the municipality's employees, contractors or consultants of the level of audible sound generated by the concert in question at not more than the 4 noise monitoring locations referred to in paragraph 4(q, and reporting to Council of the municipality respecting such monitoring; By-Law No. 97-126 (n) a fetter 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 concert in question, and the municipality's undertaking of monitoring by the municipality's employees, eonn~actors or consultants of the level of audible sound generated by the concert in guestion, at the 4 noise monitoring locations referred to in paragraph 4(1), 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; (o) 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 [he municipality from which the municipality may appropriate money in order to save the municipality harmless from and Co indemnify it in respect of the costs, charges, expenses and liabilities to the municipality in respect of the matters referred to in paragraph 4(n); and." (d) renumbering sections 8, 9 and 10 as sections 9, 10 and I1, respectively, (e) adding a new section 8 as follows: 8(1) Por the purposes of this By-law the term, Page 2 (a) "Acoustic Calibrator" means an eleetro-mechanical or mechanical device intended for the calibration of sound level meters and meeting the specifications of Instrumentation for Acoustic Calibrators set out in Schedule "B" attached to and forming part of this By-law. (b) "A-weighting" means the frequency weighting characteristic zs specified in Schedule "C" 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. (c) "A-weighted sound pressure level" means the sound pressure Icvel nx[dilicxl by appliauion 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. (t) "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 requirements of Instrumentations for Acoustic Calibrations set out in the aforesaid Schedule "B". (g) "Fast response" means a dynamic characteristic setting of a sound level meter meeting the applicable specifications of Instruments for Acoustic Calibrations set out in the aforesaid Schedule "B". By-Law No. 97-126 Pagc 3 (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 seyuence 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 Acoustic Calibrators set out in the aforesaid Schedule "B". (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. (D "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 betweeu the acma] 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/m~). (o) "Sound pressure level" means twenty times the logarithm [o the base 10 of the ratio of the effective pressure (p) of a sound to the reference pressure (p,J of 20 uPa). (2) For the purposes of paragraph 4(q 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. 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 [o and sha(1 nct affect the validity of any other provision of this By-law. BY-LAW read a first and second time this 9th day of Tune, 1997. BY-LAW read a third time and finally passed tltis 9th day of June, 1997. r ayor