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HomeMy WebLinkAboutCD-38-94/ -. UNFINISHED BUSINESS / .. THE CORPORATION Of THE MUNICIPALITY OF CLARIHGTOH . X4tl~(~Rlf~iB(~)d(11~XR4Il~lG9fl[hd(fP~OIxIF1b00( REPORT Meeting: General Purpose and Administration Committee File # ~ ~ i ~ ~ i "'~' Res. # Date: Monday, October 3, 1994 By-Law # Report#:~-~Q-~ File#: Subject: MAR%RMAN (,`j,[J$ OF 0$HAWA Recommendations: it is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-38-94 be received; and 2. THAT By-law 89-184 of the Municipality of Clarington be amended by specifying the conditions of the limits on the noise exemptions of the various gun clubs, removing jurisdictional ambiguities and upgrading the maximum permitted fine and 3. THAT all interested parties be advised of Council's decision. BACRGRODND: At its regular meeting on July 18, 1994 the General Purpose and Administration Committee received a delegation from Mr. Gerry Neely, President of the Marksman Club of Oshawa, concerning an ongoing noise problem with their outdoor range. Mr. Neely requested assistance in financing a Noise Assessment Study of the situation. At that time Committee passed Resolution GPA-487-94, which stated: "THAT the Municipality of Clarington have a Noise Assessment completed after conferring with the Ministry of Environment to determine whether they can assist with the study and that staff contact the Durham Regional Police to determine whether they would be willing to assist with the cost of the Noise Assessment Study." This Resolution authorized staff to completed for the Marksman Club of Osha One of the Club's neighbours, Mr. Jansma Council with a request to rescind the stipulated in Noise By-law 89-184. 6 0.1 have a Noise Assessment wa's outdoor shotgun range. had previously approached Club's noise exemption as P..E ~®° ~.«. REPORT CD-38-94 - 2 - OCTOBER 3, 1994 The range is used by Club members and as a shotgun training facility for the Durham Regional Police. The Club has existed and operated an indoor handgun range from its present site at 5070 Holt Road for several years. In the summer of 1992 the Club constructed an outdoor range for shotgun use. It is this outdoor range which was the specific source of the complaint. in accordance with the GPA Resolution, staff contacted the Ministry of the Environment and Energy as well as the Regional Police to ascertain whether or not they could assist with the cost of the Assessment. Initial estimates from one firm had put the cost in the range of $5,000. Neither the Police nor the Ministry were inclined to assist in this matter. After contacting different Engineering firms, staff retained the services of HGC ENGINEERING. This firm had conducted noise studies for several clients including the Canadian Armed Forces. Their initial estimate for the project was under $2,00.00. Staff spoke to both Mr. Neely and John Baker from the Marksman Club. It was understood that the range is used on an ongoing basis by the Regional Police and arrangements could be made with them to do the actual shooting on the date of the tests. On August 15, 1994 the tests were conducted using the officers from the Durham Regional Police. Attached to this report is the Noise Assessment conducted by HGC. The Ministry of the Environment and Energy has stated that the Club would require a "Certificate of Approval" under Section 9 of the Environmental Protection Act for the operation of the outdoor range. Since the outdoor range was constructed after 1980, it must meet the maximum noise level of 50 dBAI as required in the MOEE Publication NPC-105 Section 5.2. HGC were retained to determine if, in fact, the range did meet this level and, if it did not, to suggest reasonable alternatives to correct the problem. TEST RESIILTS AND RECOMMENDATIONS: As a result of its tests, HGC concluded that the noise levels varied between 67 and 73 dBAI. The existing trees and land contours already reduced the noise by up to 21 dBAI. While some modifications could be made to bring that level down to below 70 dBAI, these modifications would not be enough to bring the level down to the point where it would achieve the required 50 dBAI. 602 REPORT CD-38-94 - 3 - OCTOBER 3, 1994 Their final analysis was: "It is not feasible to achieve the 50 dBAI criterion using outdoor noise control measures." Accordingly, staff are now recommending amendments to the current Noise By-law to remove the open-ended exemption which the range had enjoyed. Section 5 of the By-law is to be amended by specifying the activities which can be conducted on both the Marksman Club property and the other existing gun club ranges in the municipality. The outdoor ranges at both the Union Rod and Gun Club and the Orono Fish and Hunt Club have operated for several years and will be virtually unaffected by this amendment. Staff are also recommending changes to Section 7 in order to clear up jurisdictional ambiguities which have arisen over the last few months. Section 8 of the By-law is to be amended to allow for a higher maximum fine. It should be noted that the final bill for HGC's services was $1850.00 exclusive of GST. In view of the Engineer's Report, staff recommend that the general noise .exemption for the Marksman Club be rescinded and replaced with one specific to the indoor range. Staff have spoken to Mr. Neely of the Marksman Club and Mr. Jansma and advised them of the results of the Engineer's Report. Staff recommend that both parties be advised of Council's decision. Reviewed by: J W.H. Stockwell Chief Administrative Officer Interested Parties to be notified of Council and Committee's decision: Mr. Gerry Neeley Mr. Steve Jansma Marksman Club 260 Ring Street P.O. Box 2002 HAMPTON,. Ont. OSHAWA, Ont. 603 Respectfully submitted: ENG ING Noise Vibration Acoustics September 2, 1994 Mr. Leonard Creamer Senior Municipal Law Officer Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Re• Noise Survey for the Marksmen Club of Oshawa Deaz Mr. Creamer, As requested, HGC Engineering has conducted measurements and analysis of the noise associated with fireazms dischazge at the Mazksmen Club of Oshawa, in the Municipality of Clazington, Ontario. Criteria for acceptable levels of noise have been developed based on the guidelines of the Ministry of the Environment and Energy (MOEE). The measurements were evaluated with respect to the criteria in order to determine the degree to which the noise from the gun club impacts the surrounding environment. The following sections summarize the results of our noise study. INTRODUCTION HGC Engineering personnel visited the site of the gun club and the surrounding azea on August 15, 1994, to conduct sound level measurements of the firearms noise. The typical operation of the outdoor shotgun range was simulated in order to make repeatable measurements in a controlled manner. Bill Spicher of the Durham Regional Police operated the firearms during the measurement period. The gun used for the measurements was a Remington 870 pump action shotgun. The ammunition consisted of 12 gauge, 1-1/8 oz, #7-1/2 shot shells. The direction of the line of fire was north- northwest, which we understand is currently the direction in which shotgun exercises are conducted. -1- HOWE GASTMEIER CHAPNIK LIMITED 2000 Argentia Road Plaza 1 Suite 203 Mississauga Ontario L5N 1P7 Phone: (905) 826-4044 ~~(~ Fax: (905) 826-4940 Municipality of Clarington page 2 Noise Survey for the Marksman Club of Oshawa September 2, 1994 Measurements were conducted using a Bruel & Kjxr type 2236 Precision Integrating Sound Level Meter, at close range to the dischazge position and at several locations in the surrounding community. The close range measurements (taken at a distance of 5 metres) aze indicative of the unattenuated sound level of the fireazm noise. The distant measurement locations, which included two residences, were used to evaluate whether the noise from the gun range is within acceptable limits and to estimate the amount of noise reduction presently occurring due to distance, atmospheric sound absorption and shielding from trees and topography. 2 SOUND LEVEL DESCRIPTORS AND CRITERIA Sound pressure level, measured in decibels [dB], varies as a function of frequency [Hz] (i.e., pitch) at which the pressure oscillations occur. To emulate the response of phe human ear, which is not equally sensitive to all frequencies, the loudness of sounds is measured using afrequency- weighted scale in dBA. Sound measurements in dBA give a good assessment of overall loudness and of the potential for a sound source to cause disturbance or annoyance to residents. As such, it is the descriptor used in the MOEE guidelines. Sounds such as gunshots, that are short duration pressure bursts, are classified as impulsive-type noise and aze measured in dBAI using a sound level meter equipped with animpulse-weighting filter. The measurement of impulsive sound typically consists of determining the logarithmic mean sound level [L~] of several separate impulses. The impulse sound levels quoted throughout this report are L~ values measured in units of dBAI. Guidelines for acceptable levels of noise from a licensed gun club are provided in section 5.2 of the MOEE publication NPC-105. The applicable L~ limit, at any impacted residential location, for impulsive sound resulting from the dischazge of firearms is 70 dBAI if the source was in operation before January 1, 1980, and otherwise is 50 dBAI. , Some interpretation is needed to determine which criterion is applicable to the Marksmen Club of Oshawa. We understand that the club itself was in operation prior to 1980, although the degree of outdoor activity has varied over time according to client requirements. Decisions concerning the interpretation of the sound level criteria aze best made by the Municipality, since the MOEE limits aze not regulations, but guidelines to be adopted and enacted as the Municipality sees fit. HGC Engineering can provide assistance in this regard, if required. r~i ENG ING Nalse YibraNOn AcousNCs HOWE GASTMEIER 605 CHAPNIK LIMITED Municipality of Clarington Page 3 Noise Survey for the Marksman Club of Oshawa September 2, 1994 MEASUREMENT RESULTS Source sound level measurements conducted at several angulaz locations azound the fireazm dischazge position, at a radial distance of 5 metres, indicated that there is a significant degree of directivity associated with the source. In other words, the sound level emitted in the direction of fire can be as much as 10 dBAI louder than the level emitted in the opposite direction, behind the gun. This directivity may be used to an advantage if it is possible to orient the line of fire away from the nearest sensitive receptor locations. Measured L~ values at the various locations in the surrounding community aze shown on the map in Figure 1, attached. During the measurement period, the wind was blowing to the east- northeast at a speed of 5 to 10 km per hour, as indicated in Figure 1. The measured L~„t value at location 1, the neazest residence, is 73 dBAI. At location 3, a more distant residence, the measured L~ was 67 dBAI. Location 4 was situated immediately on the east side of the dense grove of trees which stands between the gun range and the residences to the east. The grove is approximately 150 metres thick. The position of location 4 was chosen to be in line with the residential measurement locations in such a way that the shielding effects from the grove of trees could be estimated from the measurements. The measured level of 75 dBAI at location 4 is 21 dBAI lower than the level (96 dBAI) that would be expected without shielding, based on calculations using the close range source level measurements. Therefore the existing trees are currently providing up to 21 dBAI of shielding in the direction of the neazest residences. 4 DISCUSSION The measurements of the simulated shotgun range exercises indicate that the expected levels at the neazest residences to the gun club would be on the order of 67 to 73 dBAI. These levels would be within, or mazginally in excess of the pre-1980 limit of 70 dBA. However, with respect to the more stringent, post-1980 limit of 50 dBAI, the expected levels would be substantially in excess of the criterion. The fact that there is currently effective shielding being provided by the grove of trees between the gun club and the residences suggests that further shielding in the form of berms or barriers will do little or nothing to decrease the sound levels impacting the residences near the club. An important factor affecting the measured noise levels at the residential locations was the wind. Municipality of Clarington Page 4 Noise Survey for the Marksman Club of Oshawa September 2, 1994 Even moderate winds, greater than 5 km/h, can significantly reduce the effectiveness of any intervening shielding by 5 to 10 dBAI. This wind effect is greater for locations further from the source. In other words, the winds during the measurement period would have had little, or no effect on the measurements at location 4, would have increased the measured level at location 1 and would have increased the level at location 3 more so than at location 1. If it is deemed that the pre-1980, 70 dBAI limit is the most appropriate, it is feasible to take advantage of the wind effects and the source directivity in order to decrease the levels at the nearest residences to the east, by several dBAI. To do this would require both orienting the line of fire of the shotgun range towazd the west or northwest, and conducting activities only when the winds are not blowing towazd the east, or aze eastward with a speed of less than 5 km/h. It is not feasible to achieve the 17 to 23 dBAI of noise reduction necessary to meet the 50 dBAI criteria. Additional shielding, in the form of barrier walls or berms would not be capable of providing this degree of noise reduction, given the natural shielding which is already in place. In the case that the post-1980, 50 dBAI limit is considered to be the governing guideline, the only practical alternative is to discontinue outdoor shotgun exercises. 5 CONCLUSION HGC Engineering conducted a noise survey of the Mazksmen Club of Oshawa, as requested by the Municipality of Clarington. During simulated shotgun exercises at the club, measured noise levels at the neazest residences ranged from 67 to 73 dBAI. There aze two relevant noise level limits recommended by the Ministry of the Environment and Energy. The two limits specify the allowable noise at the neazest residence resulting from the dischazge of firearms at a licensed gun club: the pre-19801imit of 70 dBAI, or the post 19801imit of 50 dBAI. The applicable limit depends on the yeaz in which the noise source commenced operation. It is feasible to achieve the 70 dBAI criteria by reorienting the direction of the shotgun range and conducting outdoor shotgun exercises only during favourable wind conditions. It is not feasible to achieve the 50 dBAI criterion using outdoor noise control measures. HOWE GASTMEIER CHAPNIK LIMITED Noiea Vibration ncoustia ,~ ENG ING Municipality of Clarington Page 5 Noise Survey for the Marksman Club of Oshawa September 2, 1994 We thank you for the opportunity to provide this information. If you have any questions or comments, or require further assistance, please do not hesitate to contact Brian Howe, or myself. Yours truly, Howe Gastmeier Chapnik Limited /i ~i Robert D. Stevens, PEng R. ENG ING Nolse Vibration Acauafip HOWE GASTM ~~~ CHAPNIK LIMITED o \ r~~ b • 1 \` ~ ~ . N / ~ N • ~ / •~ • ~ ~~ ~ n i i~ ~• { a~~ / m ~J 0 . •' ~ . ~ a ~ <~ ~ ~C~ ~~ ;'~ c~ ~ i -- _ i _ y ... ... 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B&184 being a by-law to prohibit noises likely to disturb the inhabitants of the Town of Newcastle and a by-Inw to repeal By-law 87.191 and ell previous by-laws related thereto WHEREAS Section 210.192 The Munltipal Act, R.S.O. 1980, C. 902 provides that by-laws. may be passed by the Council oCa municipality, for prohibiting or regulating within Lhe municipality, or within any defined area or areas ChereoC, the ringing of bells, the blowing oC horns, shouting and unusual noises, ar noises Ukely to disturb the inhabitmts: AND WHEREAS the Council oC Che Corporation of the Town of Newcastlo deems it appropriate co enact a 6y-law to reduce and control such noires: NOW T?~REFORE, theCouncil of the Corporation of the Town of Newcastle hereby enacts as follows: No person shall N the Town oC Newcastle ring any bell, blow ar sound any horn or cause the same to be rung, blown or sounded, shout or create, cause or permit arty unusual noises ar noises likely to disttub the inhabitants of the Town oC Newcastle. 2. Without Unaiting the generality of Paragraph 1 of this by-]aw.the following noises are hereby deemed to be noises likely to disturb the inhabitants oC the Town of Newcastle: a) the ringing of bells, blowing of horns or aounding of sirens on any motor vehicle except to We extent that sorb ringing, blowing or sounding is required by law or by the requirement of safety, b) the sound or noise from or created by a radio or phonograph, or any musical or sound- orodudng instnrment of whatsoever kind when ouch radio or phonograph or instrument is played or operated fn such manner or with ouch volume a9 to annoy or disturb the peace, quiet, comfort or repose oC any individual in any dwelling house, apartment house, hotel or other type of residence outside the premises where the instrument is being played; e) the grating, grinding or rattling noise ar sound caused by a condition of disrepair or maladjustment oC any motor vehicle, motorcycle, or other vehicle whatsoever or part or accessory thereof; d) the blowing oC aryy steam or sir whistle attached to or used in connection with any stationary boiler or other markine or mechanism, except for the purpose of giving notice to workmen of the time to commence or case work or as a warning aC danger; e) the noise made by power lawnmowers, outboard motors or similar power motors; q the none made by the discharge ineo the open air oC the exhaust oC any steam engine, stationary internal wmbustion engine, motor vehicle ar motorrycla except through s muffler or other device which effectively prevents loud or explosive noise; g) any noise which mqy be heard beyond the ]ot upon which it is made at sufficient volume to disturb persons beyond such lot; h) the persistent barking, calling or whining, ar other similar persistent noise made by any domestic pet, or any other animal kept, or used Cor any purpose other than agriculture; i) wit6 respect to a Ucensed ermine kernel there shall be a noise curfew imposed, to wit: m on~n,.a - Svndav to Friday inclusive, there shall be a curfew commenting at 11 o'clock P.M. and such curfew shall continue until 7 o'clorlt AM. oC the following day; Einturdgy, the curfew shall commence at 11 o'clock P.M. and shall continue until 8 o'clock AM. Sunday marnhtg; (U) during the periods identified ee the curfew hours, any kennel noise, mare particularly the barking of dogs, which carries beyond Che boundary oC the property upon which the licensed kennel is situated shall be deemed to be a contravention; and (ui) that during non-curfew hours, that is Crom 7 o'clock AM. to 11 o'clock P.M., Monday to Saturday inclusive, and Ctom 8 o'clock A?.1. to 11 o'clock P.M. Sunday, continuous barking for a period in excem oC 1 hour at uw time ahall~be deemed to be a contravention; and ~~~ z- By-law No. &tJ- 194 j) any noise arising between the hour of 11 o'clock P.ht. oC aqy day and 7 o'cock AM. of the following day Crom any esravnlion or construction work whatsoever, Including tiie erection, demolition, elteratio^ of repair oC any building authorized by. the Town, except io case of urgent necessity and then under authorization Crom the Town. 3. Notwithstanding the other provisions of this By-law, this 6y-Inw atmll not apply to prevent: e) the use in a reasonable mnrurer oC any apparatus ar mecherdsm Cor the ampliCrcation oC the human voice or of music in a public place within the limits of the Corporation; b) mry military or other bond or any parade operating with written permission fire[ being obtained from the Town of Newrastle; c) any vehicle aC the police or foe depnrL•nent or a:y ambulance or any public service ar emergency vehicle N the discluvge of its assi6med dunce; d) any sound arising Crom the operation oC any railway wtuch opera tea under The Railway Act oC Canada or Crom any plant or work in connection with any such railway, e) the sounding of church bells or carillons; and >) the making by any person upon his awn property of noise which is reasonable and necessary for his egjoyment and use of such property provided that such noise does not interfere with the enjoyment of any adjoining property owner. <. Notwithstmding the other provisions cf this by-tow, Utiv by-law shall not apply to a person who permits or causes the emission of sound in connection with any of the traditional, Ceative, religious activities and such other activities listed hereunder; a) the Bowmanville Foundry Co. Ltd, manufacturing; b) Goodyear Canada Inc., manufacturing; c) J. Anderson Smith, manufacturing; d) Curvply Wood Products Ltd, Plydesigns, Nesting Furniture; e) Oshawa Ski Club, recreational snowmaking, 0 parades, controlled demonstrations and rallies and municipally sponsored events; g) all agricultural properties where noise emissions are dvectiy related to normal agricultural aMivities; h) licensed pit and quarry operations except where such operations are restricted to specified hours oC operation through municipal development egreemenLV where each hours are more restrictive than any which may be prescribed by by-law; i) Mospart Park, automobile, motorcycle recing•, and j) St. Marys Cement, its licensed pit and quarry operations end all essessory uses related thereto. 5. A noise curfew shall apply to the following operatious and or businesses within the Town of Newcastle sa follows: eJ Orono Fish and Hunt Club, shooting range b) Union Road and Gun Club, sooting raise; end c) The Marksmen Club oC Oshawa This curfew shall commence at 11 o'clock P.M. and such curfew shall continue until 7 o'clock A.M. of the following day, hiond$y through Saturday. On Saturday, the curfew shall commence 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 Uut noises eminating from such operations shall not be considered a vialaUon when said operations are carried on outside the time periods set by a curfew. ~~ 9 By-law No. 89- 184 A noise curfew shall apply to the use of propane guns and other such devices associated, used to proteM agricultural products from predation by water, Imd fowl and bird lice. This curfew shag commence at 11 o'clock P.M. and shall continue until 7 o'dack A.m., seven days a week 7. ENFCIRCE2>ENT The pzavisicne of the By-law shall be enforced on a complaint basis only, by Durham Region Pobce Department and the By-law Enforcement Department as the town's designated noise control officers. 8. PENALTY every person who contravenes any of the provisions oC this by-law is guilty oC an offence and shall, upon conviction thereof, CarCeit and pay a penalty aC not less than $60.00 and not more than $2,000.00 exclusive oC costs and every ouch Cme Is recoverable under Che Provincial Offences Act. The court, wherein the Information B first laid, and any court of competent jurisdiction thereaRer, may issue an order prohibiting the continuation or repetition oC the otfenca by the persona convicted, and such an order shall ba In addition to any other penalty imposed on the person convicted Hy-law 87-191 oC the Corporation of the town of Newrnstle and all Dy-laws of the Town of Newrastle's predecessor municipalities not consistent with Chia Bylaw are hereby repealed. 10. This by-law comes into force on [he day it B passed. By-law read a C¢st and second time this 11 day oC December, 1889. By-law read a third time and Cmally passed this 11 day of December, 1089. V ~vv`~"il ,~ MAYOR CLERK 612 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW N0. 94 Being aBy-law to amend By-law 89-184 as amended, being a By-law to Prohibit Noises Likely to Disturb the Inhabitants of the Municipality of Clarington. WHEREAS the Council of the Municipality of Clarington deems it expedient to amend By-law 89-184; NOW THEREFORE, the Council of the Municipality of Clarington enacts as follows: 1. THAT By-law 89-184 be amended as follows: THAT Sections 5, 7, and 8 be deleted in their entirety and replaced with the following: 5. A noise curfew shall apply to the following operations- and/or businesses within the Municipality of Clarington as follows: (a) Orono Fish and Hunt Club outdoor shooting range; (b) Union Rod and Gun Club outdoor shooting range; and (c) The Marksman Club of Oshawa indoor shooting range. This curfew shall commence at 11 o'clock P.M. and such curfew shall continue until 7 o'clock A. M. of the following day, Monday through Saturday. On Saturday, the curfew shall commence at 11 o'clock P.M. and continue until 9:00 A.M., and then resume at 11 o'clock P.M. on Sunday. It is noted that noises emanating from such operations shall not be considered a violation when said operations are carried on outside the time periods set by a curfew. 7. ENFORCEMENT The provisions of the By-law shall be enforced on a complaint basis only. B. PENALTY Every person who contravenes any of the provisions of this By- law is guilty of an offence. The court, wherein the information is first laid, and any court of competent jurisdiction thereafter, may issue an order prohibiting the continuation or repetition of the offence by the persons convicted, and such an order shall be in addition to any other penalty imposed on the person convicted. 2. This By-law comes into force on the day it is passed. By-law read a first and second time this 26th day of September 1994. By-law read a third time and finally passed this 26th day of September 1994. nnxux CLERK X13