HomeMy WebLinkAboutCD-22-97 Addendum
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
X~FX~f7f7~C~1P~FXa(~~(X~i(X]EC~(X~9(Nltl(B(X~ItlNQl0A000XAI
REPORT
Meetin General Purpose and Administration Committee File # ~~ ~, ~'r~`-
9 ~ ~q -!
Date: May 20 1997 Res. # C-r~~a -.~ 1 `i' -~ j d
~: By-Law #
Report #: ADDENDUM rl~ ,
~f1EPQRT^CD- 2~=97-
Subject:
PROPOSED AMENDMENTS TO BY-LAWS 89-194 (NOISE BY-LAW)
78-50 (PUBLIC ENTERTAINMENTS, ETC.) AND 91-56 (EXHIBITIONS HELD FOR
HIRE OR GAIN)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Addendum to Report CD-22-97 be received;
2. THAT Council approve 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) substantially as set out in Attachments 1, 2 and
3 and pass the same; and
3. THAT a copy of Addendum to Report CD-22-97 be forwarded to
Mosport Park Limited, International Motor Sports Speedway
Group and the North Clarington Ratepayers Association.
1. ATTACHMENTS
1. Attachment #1 - Proposed By-Law to amend By-Law 89-184
2. Attachment #2 - Proposed By-Law to amend By-Law 78-50
3. Attachment #3 - Proposed By-Law to amend By-Law 91-56
Note: The Schedules to the above proposed By-Law amendments are
lengthy and have not been reproduced with this Addendum. They
are available for examination in my office.
..~~~®aF:~,~~, 801
2. BACKGROUND
2.1 Council approved the recommendations contained in Report CD-22-97
at the meeting of May 12, 1997. The purpose of this Addendum is
to present to Council for consideration proposed amendments to
three of the Municipality's By-laws to address noise impacts of
automobile and motorcycle racing at Mosport Park and at other
potential venues in the Municipality. The amendments to the
Noise By-Law also include a proposed exemption of concerts held
at Mosport Park from the provisions of the By-Law provided that
noise levels specified in the amendments are not exceeded.
Complementary amendments dealing with the licensing of concerts
are proposed to be made to By-Law #91-56.
2.2 For the past two seasons, the Municipality has retained Mr. John
Swallow of John Swallow Associates to monitor and report to the
Municipality on noise emissions from major events at Mosport Park
including Edenfest, the large concert held last year. Mr.
Swallow is an experienced, qualified acoustic engineer. He has
prepared a reliable data base which has been drawn on to assist
in the preparation of the proposed by-law amendments attached to
this Addendum.
2.3 The noise abatement program, Edenfest, and monitoring of noise
emissions at Mosport Park by the Municipality's consultant, John
Swallow Associates, were reported on in detail in Report #ADMIN.
34 - 96 entitled "Edenfest Music Festival and 1996 Mosport
Activities" which was approved by Council at their meeting of
December 9, 1996.
2.4 With respect to Mosport Park, the proposed By-Law amendments are
consistent with the promises of Mr. Bernard Kamin, formerly the
Chairman and CEO of Mosport Park Limited given to the
Municipality last summer that the level of sound emissions from
Mosport Park would be reduced by fifty percent in 1997.
2.5 Mr. Robert Salna now is the Chairman and CEO of Mosport Park
Limited. Mosport Park Limited is the owner of Mosport Park. I
understand that Mosport Park has been leased to International
Motor Sports Speedway Group ("IMSSG") which is an active,
international promoter of motor sport events.
2.6 By letter dated April 22, 1997, which is attached to Report #CD-
22-97, Mr. Salna stated that his predecessor, Mr. Kamin's
promises referred to in paragraph 2.3 were not "realistic". He
also expressed his hope that the Municipality would defer acting
on Mr. Kamin's promises for at least this year.
2.7 Staff have reviewed Mr. Salna's request with Mr. Swallow. Staff
cannot recommend to Council that it be granted. Mr. Kamin's
promises have been relied upon by the Municipality and it is
reasonable to expect that the objective of reducing sound
emissions from Mosport Park by fifty percent should be achieved
for 1997 events.
2.8 Staff have met with representatives of IMSSG and have advised
them of the proposed maximum levels of sound emission for Mosport
Park which are recommended in this Addendum.
UUL
3.0 PROPOSED BY-LAW AMENDMENTS
3.1 By-Law #89-184 is the Municipality's Noise By-Law. Currently,
automobile and motorcycle racing at Mosport Park are exempt from
the By-Law. The By-Law specifically prohibits any noise which
may be heard beyond the lot upon which it is made at sufficient
volume to disturb persons beyond such lot.
3.2 The proposed amendments to By-Law #89-184 (Attachment #1) clarify
and update in certain respects the provisions of the By-Law. They
add definitions and Schedules to it which are relevant to the
interpretation and administration of the By-Law. They establish
a prohibition against the emission of unusual noises in areas of
primary auditory impact of the source of the noise. Generally,
the area of primary auditory impact will be the area within which
the noise is audible to a reasonable inhabitant of the
Municipality, using his land, a street, public park or a
recreation centre. In the case of Mosport Park, the area of
primary auditory impact is defined to be lands within 200 metres
from any boundary of Mosport Park.
3.3 The amendments to By-Law #89-184 restrict the availability of the
exemption of automobile and motorcycle racing at Mosport Park
from the by-law to situations in which the maximum levels of
audible sounds in Mosport Park's area of primary auditory impact
do not exceed specified sound levels expressed as dBAS. Mr.
Swallow advises that background noises in this area do not exceed
45dBAs. That level cannot be exceeded between 12:01 a.m. and 9:59
a.m. The other levels expressed in the amendments are consistent
with Mosport Park Limited's proposals respecting the reduction
of sound referred to in paragraph 2.3 above.
3.4 The amendments also add an exemption from By-Law #89-184 for
concerts at Mosport Park provided that the maximum levels of
audible sound in the area of primary auditory impact for Mosport
Park do not exceed the levels set out in the amendments. Again,
the maximum level of audible sound permitted between 12.01 a.m.
and 9.59 a.m. is 45dBA.
3.5 The maximum levels of auditory sound were recommended to staff
by Mr. Swallow having regard to data collected by him at Mosport
Park over the past two years. Staff believe that the recommended
levels are reasonable.
3.6 The proposed amendments to By-Law #78-50 address noises emitted
by automobile and motorcycle racing at venues in the Municipality
including Mosport Park. The maximum levels of audible sound that
may be emitted at a noise monitoring location for any venue,
including Mosport Park, are the same as those set out in the
proposed amendments to By-law #89-184 dealing with the exemption
of automobile and motorcycle racing at Mosport Park from the By-
Law.
3.7 The amendments require the applicant for a permit for an
automobile or motorcycle racing event to submit with the
application a professional engineer's certificate that the
maximum levels of audible sound at noise monitoring locations
will not exceed the maximum levels set out in the amendments.
~3 ~.; 3
A permit will not be issued unless the Director of Public Works
considers the certificate and evidence in support of it to be
satisfactory. The amendments contemplate that the levels of
sound emitted will be monitored by the Municipality at noise
monitoring locations and provide for the monitoring to be done
at the expense of the applicant in accordance with Council's
resolution #C-903-96 passed on December 9, 1996.
3.8 Similar definitions and Schedules are included in the amendments
to By-Law #78-50 as in the proposed amendments to By-Law #89-184.
3.9 The proposed amendments to By-Law #91-56 (Attachment #3) address
noise emitted by concerts at venues in the Municipality including
Mosport Park. A concert which is an exhibition held for hire
or gain as defined in By-Law #91-56, cannot be undertaken unless
a permit is obtained from the Municipality. The maximum levels
of audible sound that may be emitted at a noise monitoring
location for a venue in the Municipality, including Mosport Park,
are the same as those set out in the proposed amendments to By-
Law #89-184 dealing with the proposed exemption of concerts held
at Mosport Park. The amendments are similar to those discussed
in paragraphs 3.2 and 3.3 respecting the proposed amendments to
By-Law #78-50. They also include similar definitions and
Schedules.
3.10 Each of the above amendments, if passed by Council, will be
enforced in accordance with the Municipality's enforcement
policies applicable to other by-laws of the Municipality.
4.0 CONCLUSION
4.1 It is recommended that the amendments to By-Laws #89-184, #78-50,
and #91-56 contained in Attachments 1, 2 and 3, respectively, be
approved by Council.
Respectfully submitted, Reviewed by,
Patti rrie A.M.C.T., ~ W. H. Stockwel ,
Cle / Chief Administrative Officer
%) ly ;t
O ~ `f
Attachment #1
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 97-
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.
W HEBEAS ihi; Crnuu:il ul the Corporation of Iho Municip~ility 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:
(a) deleting the words "Town of Newcastle" wherever they appear and by
replacing them with the words "Municipality of Clarington";
Ib) 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 form and with The content of Schedules "A",
"B", "C", "D" and "E" attached to and forming of this By-law.
Id) 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."
(e) adding new subsections 1(2), 1 f31 and 114) 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 [he
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.
1(31 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 6y replacing
them with the words and figure "subsection 1 (1) of this By-law;
and
r r
v U
2-
lii) and by 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 1111".
(gl deleting from paragraph 31a1 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:
"Notwlthsranding rho other provisions of this 6y 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 4(il
as follows:
"4(i) 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(2) 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:
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
Ij) renumbering paragraph 4f) as paragraph 4ikl and by adding a new
paragraph '1f11 os follows:
"fjl 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(2) 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:
{
~~ '~~ G
-3-
Maximum Level
Hours To of Audible Sound
12:01 AM 9:59 AM 45 dBA
10:00 AM 11;59 PM 70 dBA
12 Noon 1:59 PM 60 dBA
2:00 PM 4:59 PM 70 dBA
5 PM 6:59 PM 60 dBA
7:00 PM Midnight 70 dgA
(kl
repealing sections 7 and 8;
adding new subsections 7111 and (2) as follows:
"711) For Lhe purposes of this By-law the term,
lal "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
ey-law and intended to approximate the relative sensitivity of
the normal human ear to different frequencies (pitches) of
sound.
fcl "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.
Id) "decibel" or "d8" 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 Io.vcl mo. LOr meeting tho requireinoms of Inslrumentalions
for Acoustic Calibrations set out in the aforesaid Schedule "B".
(gl "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 (Hzl which is the same as cycles
per second.
liy "Quasi-stendy impulsive sound" muans a scyuunce of impulsive
sounds emitted from the same source, having a time interval of
less than 0.5 seconds between successive impulsive sounds.
~'U /
-4-
ljl "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, viscousl, or the superposition of such
propagated oscillation, which may cause an auditory sensation.
(I) "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.
In) "Sound Prossure" means the instantaneous diffcrenco betwoen
Ihr, ar.lual prossurn and Ihr, avr.rage or hnromniric pmssurc at a
given lorelion. The unit of nroasu ren uuil is thr, micropascol
IuPa) 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 (p) of a sound to
the reference pressure (p,) of 20 uPa).
121 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.
Im) adding a new section 8 as follows:
"8. 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.
3. This By-law comes into force on the day it is passed.
By-law read a first and second time this day of May, 1997.
By-law read a third time and finally passed this day of May, 1997.
Mayor
r
U
Attachment 32
'I'I1L COItPORA'l'lON OF'1'HIS MUNICIPALITY OF CLAR[NG'1'ON
BY-LA4Y NUMB);R 97-
being a B}'-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
WHCRh:AS the Council of The Corporation of the Municipality of Clarington deems it
expedient to amend By-law No. 78-50, as amended,
NOW 'CHCREFORR the Council of The Corporation of the Municipality of Clarington
cnacly ns follows:
liy-law No. 78-50, as tunended, 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), (j) 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 [he 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 pro fcssional
engineer's opinion the maximum level of audible sound
measured in aceofdance 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:
Maxinuun Lcvcl
[lours 'Co of Audible Sound
12:01 AM 9:59 AM 45 dBA
10:00 AM 11:59 AM 60 dBA
12:00 NOON 4:59 P.M. 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 xnd forming par[ of Chis IIy-law.
3u3
(i) an agreement executed by the applicam by whicL
the applicant agrees with [he Municipality of
Clarington to 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 undcrtaking 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 [he
automobile or motorcycle racing in question at nut
more than the 4 noise monitoring locations referred
to in paragraph 2(h), and reporting to the Council
of [he 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 tlnrt the municipality will incur as a resuh
of the applirml's undcrtaking of the amuuuihilc ur
nuaurcyclc racing in qucslion, and the
municipality's undcrtaking of monitoring by dtc
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 se[ out in his
letter referred to in paragraph 4(n) of the amount of
money that should be required [o he 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 2(j). "
(d) repealing section 6 and by replacing i[ with the following:
"6. Por the purposes ul Ihis By-law means an engineer who is yuali(ied in Gis
name to practice professional engineering and is licenced to do so under
the Processional Engineers Act, R.S.O. 1990 c.P28 as it may be amended
from time to time."
(c) renumbering sections 7 and 8 as sections 8 and 9 respectively and by adding a
new section 7 as Ibllows:
"7(1) For the purposes of this By-law the term,
i j i
(a) "Acoustic Calibrator" means an elecu'o-mechanical cr mechanica! device
intended for the calibration of sound level meters and meeting the
specifications of Instrumentation for Acoustic Calibrators set out in
Schedule "R" attached to and forming part of this By-law.
(b) "A-weighting" means dte frequency weighting characteristic as specified
in Schedule "C" attached to and forming part of this By-law and intended
to approximate [he 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 "dB" means a dimensionless measure of sound level or sound
pressure level in which sound levels are measured.
(e) "dBA" means the dB level l'o which has been applied the A-Weighting.
(Q "cffed ivc sound pressure" xl ~t point means the tool-ntcan sywue value of
Ure instanumoous sound prnssw'e, aver 6t 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) "I7cyucncy" oC a periodic quantity means the number of times that the
yuuntity repeats itself in a unit interval of time. The unit of measurement
is hertz (I-Iz) 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 interval forces (e.g. elastic, viscous),
or the superposition of such propagated oscillation, which may cause an
auditory sensation.
(p "Sound level" means an A-weighted sound pressure level.
(m) "Sound level meter" means an instrument which is sensitive to and
calihr;Ued 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 (uNhn~).
(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 (p,) of 20 uPa).
JI~
(2) For the purposes of paragraph 2pr) 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.
2. The invalidity of any section, portion of a section, pazagraph, 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 day of May, 1997.
BY-LAW read a third time and finally passed this day of May, 1997.
Mayor
a~~
Attachment i3
THE CORPORATION OF'fHE MUNICIYALffY OF CLARINGTON
BY-LAW' NLiMBER 97-
being a By-law to amend By-law No. 91-56
respecting exhibitions held for hire or gain in the
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 Mwticipality 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".
(h) amending the aforesaid By-law Nu. 9]-56 by adding thereto new Schedules "A"
"Il". '. (.". "D" and "IP' in the Ibrm and wish the cunlnu ul Sdinlu lrs "A" "li"
"C" "D" and "li" ntutched to and Ibrming pan of this By-law.
(c) remm~beriog paragraphs 4(q and 4(m) as 4(p) and 4(c~ and by adding new
paragraphs 4p), (m), (n) and (o):
"4(1) in the case of a concert which is an exhibition held for hire
or gain, 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 A noise monitoring locations proposed by the
applicant each of which shall be adjacent to a different
boundary of the land on which the eoncet't is proposed to
be undertaken shall no[ exceed the maximum level of
audible sound se[ out below at any of the times set out
below:
Concerts -Maximum
Hours To Level of Audible Sound
12:01 AM 9:59 AM 45 dBA
10:00 AM 11:59 AM 70 dBA
12 Noo^ 1:59 PM 60 dBA
2:00 PM 4:59 PM 70 dBA
5 PM 6:59 PM
GU dBA
7:00 PM Midnight 70 dBA
provided that in the case of "Mosport Park" which comprises the ]ands
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.
r~ ~
~~ I J
By-law No. 97- _Z_
(m) an agreement executed by the applicant by which
the applicant agrees with the Municipality of
Clarington to save the rnanicipality harmless from
aad indemnify it in respect of all costs, charges.
expenses and liability that it may incuc as a result of
the applicant's undertaking of the concert referred
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
[o in paragraph 4(q, and reporting to Council of the
municipality respecting such monitoring;
(n) a letter signed by the Municipality of Clarington's
Director of Public Warks of the municipality setting
out his estimate of the costs, charges, expenses and
liability that the municipality wilt incur as a result
of the applicant's undertaking of dte concert in
question, and the municipality`s undertaking of
numilnriuV by the mm~ic ipulily s cmplnyccs.
unuraclors ur amsulumts of the level of audible
sound generated by the concert in question, at the
4 noise monitoring locations referred to in
paragraph 4(I), and the aforesaid Director's estimate
of the amount of money that in his opinion should
be required to be deposited by the appticant with
the municipality from which the municipality may
appropriate money in order to save the municipality
harmless from and to indemnity 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 the muttieipaliry 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 4(n);
and."
(d) renumbering sections 8, 9 and 10 as scaions 9, 10 and ] 1, respectively.
(c) adding a new section 8 as follows:
"R(1) For the purposes of this By-law [he term,
pp "Acoustic Calibrator" means an clectarmechanical 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 par[ of this By-law.
J i 't
By-law No. 97- _g_
(b) "A-weighting" means [he frequency weighting chatacteristic 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 "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
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 specilicnlinns of Insu~imenls for Acoustic
Calibrations set om in the al'urusaid Schcdulu "li" -
(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-s[ruly impulsive sound" means a sequence of impulsive sounds
emittul from the same source, having a time interval of Less than 0.5
seconds between successive impulsive sounds.
Q) "Slow Response" means a dynamic characteristic setting of a sound level
meter meeting the specifications for Acoustic Calibrators set out in the
aforesaid Schulule "B".
(k) "Sound" means an oscillation in pressure, stress, panicle 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.
(I) "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
roicronewton per square metre (uN/m~).
(o) "Sound pressure level" means twenty times the logarithm to the base ]0
of [he ratio of the effective pressure (p) of a sound ro the reference
pressure (p,.) of 20 uPa).
t ~ r
I J
.*
By-law No. 97- _q_
(2) For the purposes of paragraph 4(1) of this By-]aw, 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.
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 no[ affect the
validity of any other provision of this By-]aw.
BY-LAW read a first and second time this day of May, 1997.
BY-LAW read a third time and finally passed this day of May, 1997.
r~ i
r~ rl