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HomeMy WebLinkAboutCD-46-87.~f~~ ~~~ . ~~ ~.,,, TOWN OF NEWCASTLE REPORT File # _ _ Res . # -~° ~,1<l ~~ By-Law # ~TI(V(,; General Purpose and Administration Committee DATE; July 6, 1987 REPORT #; CD-46-87 FItE #: 10.13.3 SUBJECT: CONSIDERATION OF A REPORT RESPECTING A NOISE BY-LAW FOR THE TOWN OF NEWCASTLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Clerk's Report CD-46-87 be received; and 2. THAT the noise by-law attached to Report CD-46-87 be approved; and 3. THAT a certified copy of the by-law be forwarded to Durham Regional Police for their information. BACKGROUND AND COMMENT: Council, at the meeting of Monday, June 22nd, 1987, passed the following resolution: C-560-87 ... "That Staff review and report to the General Purpose and Administration Committee on a noise by-law for the whole Town of Newcastle." REPORT: A noise by-law was drafted in 1985 and considered by the General Purpose and Administration Committee at their meeting of September 3rd, 1985. The recommendations contained in the report were not approved by the Committee (Resolution GPA-521-85). Because resolution C-560-87 directs that a noise by-law be brought forward, I have taken the liberty of presenting the by-law prepared in 1985 for consideration. It is, I believe, still a valid document. The reports supporting the by-law (CD-33-85 and CD-21-85) and the documentation attached thereto have been reproduced for the information of the members of the Committee. .....2 ~.° ~~~ ~~~~ REPORT CD-46-87 - 2 - July 6, 1987 rnniri ncrnN• It is recommended that the. noise by-law attached to Clerk's Report CD-46-87 be approved by the Committee and forwarded to Council for passage. Respectfully submitted, Recommended for presentation to the Committee A David W. Oakes, B.A.,A.M.C.T.,C.M.O. Town Clerk Lawrence /,' Kotseff Chief Adr~i strative Officer DWO/os Attachments. U~.I.(~) coRFURaTION of -rHE TowN ®~ NEWCASr ~ ~. OFFICE OF THE TOWN CLERK File NO ..,,~,_ ~,... , .~ .,..-__,, _ .. , ,. . _____. l E L E P HOIV ~ 623-3379 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L1C 3A6 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 3RD, 1985 CD-33-85 - File: 10.13.3. SUBJECT: CONSIDERATION OF A NOISE BY-LAW FOR THE TOWN OF NEWCASTLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That Report CD-33-85 be received; and 2. That Report CD-21-85 be lifted from the Table and considered; and 3. That the attached revised Noise By-law be approved; and 4. That a certified copy of the By-law when enacted by Council, be forwarded to Durham Regional Police for their inf ormation. BACKGROUND: At the General Purpose and Administration Committee meeting of March 4th 1985, the Committee considered the Clerk's Report CD-8-85, this being the first report on the proposed Noise By-law, and directed that the By-law be circulated to various of the areas industries and associations. This direction was carried out and a subsequent report CD-21-85 was prepared for Committee's consideration at the meeting of May/21st 1985. Following a review of the contents of Report CD-21-85, the Committee passed the following resolution: #GPA-328-85 Moved by Mayor Rickard, seconded by Counci 1 Taylor "THAT the matter be tabled pending a response from the organizations to whom the By-law was circulated, and an opportunity to discuss its implementation with the Regional Police." "CARRIED"r ~~~ ~i .I f`e , \ ~~~ ~~~ Continued ...../2 ~ u ~, l C~) CD-33-85 - 2 - September 3, 1985 COMMENT: As directed, a copy of the revised By-law was circulated to all of the industries, business groups, private individuals, and Regional Police for their review and comment. In response to the request, comments were received from the following: 1. Curveply; by-law satisfactory, but please add Plydesigns and Nesting Furniture to the list of exempted companies in Section 4 of the draft By-law; 2. Town of Newcastle Development Group expressed their concern that the By-law is too general and could result in vexatious complaints; 3. The Bowmanville Foundry Co. Ltd., finds the By-law as revised to be satisfactory and acceptable; 4. Durham Regional Police reviewed the revised By-law and answered the several questions posed at Committee's direction. The conclusion reached was that the revised By-law would allow the Police to act on complaints from people who were being disturbed by excessive noise; 5. On June 12th 1985, a ratepayers group (Arch McLaren, W. Kay Lycett, Pat Irwin Lycett) ran an advertisement in all of the area newspapers encouraging residents to seek exemption from the By-law. In response to this ndtice, the Clerk's Office received six (6) private requests for exemption from the conditions of the noise by-law. (a) Patricia Irwin Lycett, Main Street, Orono, exemption to permit use of power lawn m aver, power saws, family and social picnics and parties; (b) W. K. Lycett, Main Street, Orono, same exemptions as noted in 5(a) above; (c) V. L. Anderson, Concession 5, Darlington, exemption to permit use of tractor, lawn mower, roto tiller, chainsaw, table saw, car, truck; (d) Wm. & Pat Hyder, C oncession 3, Darlington, exemption to permit use of tractor, snowblower, kennel; (e) Mrs. Katy Prescott, Main Street, Orono, exemption to permit use of lawnmowers, chainsaws, snawblaver; (f) Harry Van Wyk, 6 Parkway Crescent, exemption to permit use of electric lawnm aver and trimmer. Continued ...../3 i ~~~ CD-33~-85 - 3 - September 3, 1985 The responses to the advertisement were not significant in terms of numbers nor, did they request exemptions which were not already permitted. It is the opinion, that no serious objection or issue relating to the proposed Noise By-law was raised by the general public. None of the other businesses, industries, or interested persons to wham the revised By-law was forwarded responded to the request for comment and, it must be assumed that they have no objection to the proposed Noise By-law. REPORT: All of the actions directed by Committee have been carried out. The proposed Noise By-law has been further revised to c apply with the request made by Curveply that Plydesigns and Nesting Furniture be added to the list of exempted businesses in Section 4. It is rec anmended, that Report CD-21-85 be lifted from the table and the revised draft Noise By-law recanmended to Council for passage. DWO/ms Attachments . H1S' ~~4 RnUNI i fX_.f -A1U'yyI' A.: ~l l ~ '~ ' 1 `~'~~ I ,r, ~ ~ n i ~ I.~ CORPORATION OF THE TOWN OF NEWCASTLE OFFICE OF THE TOWN CLERK 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L1C 3A6 ~ _~ s~ ~ u 1. 1(~~ TELEPHONE 623-3379 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MAY 21, 1985. CD-21-85 - Fill~1ie ,10.13.3. SUBJECT: CONSIDERATION OF A NOISE BY-LAW FOR THE TOWN OF NEWCASTLE. RECOMMENDATIONS: i~ ~~ It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That this report be received; and 2. That the attached draft by-law be approved; and 3. That a certified copy of the approved by-law be forwarded to the Durham Regional Police Department for their information. BACKGROUND AND COMMENT: The General Purpose and Administration Committee at the meeting of March 4, 1985, gave consideration -to Clerk's Department Report CD-8-85 and directed ":y that the following actions be undertaken prior to the matter being reconsidered by Committee: "That staff circulate the noise by-law to Industry, B.I.A.'s, Chambers of Commerce, Durham Federation of Agriculture, Newcastle Industrial Development Group for comment; And further that the text of the draft noise by-law be published in the area newspapers and the public invited to make written submissions on the draft noise by-law to the Clerk of the Town of Newcastle." Continued ...../2 ~~ i/ ( `) °j ~/ i ~ j',1i ~ ~~ j~~~ ~ ~~;. CD-21=85 y6~= v~~ i~~ ~~ -2- May 21, 1985 Pursuant to that direction, the by-law was published in the newspapers serving the municipality on March 20th 1985 and inviting the public to submit their written comments by April 30th 1985. As well, copies of the draft noise by-law were mailed to eleven local industries and commercial groups. ~;;~ In response to the publication and circulation of the draft noise by-law, comments were received from the following: 1. March 19, 1985 - Mr. Tom Rehder, Bowmanville Foundry Co. Ltd. Expressed great concern with clause 2(g) "any noise which may be heard beyond the lot upon which it is made ...". Mr. Rehder on behalf of the Foundry, requests that provision be made in the by-law that would assure industry that they could continue to operate and not be affected by the requirements of the by-law. 2. March 20, 1985 - Durham Regional Police Reviewed the draft by-law and have no adverse comments to make. 3. March 28, 1985 - Mrs. Betty Marti, R. R. #4, Bowmanville Fully supports the draft by-law, sees it as a vehicle through which late night and week-end parties can be brought under control. 4. March 29, 1985 - Mr. W. Kay Lycett, on behalf of the Orono Fish & Hunt Club Indicated that many of the members objected to the by-law personally, but that the Club was concerned that their activities could be adversely affected and, are requesting that they be exempted from the by-law. Mr. Lycett also suggested that Mosport Park be exempted from the by-law. 5. March 30, 1985 - Mr. A. H. McLaren Objects to the noise by-law. He sees it as another attempt by urban areas to restrict the activities carried out in agricultural areas. Mr. McLaren flies several aircraft in and out of his farm and has never received a complaint. He sees the draft by-law as a tool that could be used in a malicious manner to settle grievances between persons. 6. April 15, 1985 - Sharon Young, Secretary-Treasurer, Union Rod and Gun Club Expressed concern that the by-law would prohibit the discharge of firearms at their gun range located in Clarke Township. While she doesn't say so, implicit in the letter is a request for exemption from the by-law. Continued ...../3 C>D-21-85 - 3 - May 21, 1985 V~~-C~) 7~.. April 23, 1985 - Mr. Gordon Barrie, President, Durham Region Federation of Agriculture Requests, that noises connected with normal farming operations and agriculture--related operations be exempted and, that the by-law be enforced by the Durham Regional Police on a written complaint basis only. Finally, Mr. Barrie indicated that the Federation is of the opinion that the by-law is unnecessary and, as written, will be too difficult to police. 8. April 30, 1985 - Mr. R. W. Price, Oshawa Ski Club Advising that they have concern that the by-law would seriously impact upon their operations, in that if strictly interpreted, their night-time snow manufacturing process using snow-making "guns" would have to be '•~;~ curtailed. The Club is requesting an exemption from the by-law requirements. 9. April 30, 1985 - Mr. C. E. Trim, Manager, Industrial Relations, Good Year Canada Inc. Advising that the by-law adversely impacts upon their manufacturing process and requests that the Good Year Plant be exempted from the by-law. 10. April 30, 1985 - A Petition The petition was undated, bearing no addresses, signed by fourteen (14) persons objecting to the passage of the draft noise by-law published in the newspaper on March 20, 1985. 11. April 27, 1985 - Mr. Ed Millson, Orono -~_~ Objects to the by-law because of the difficulty envisaged in interpreting and enforcing the by-law. He does want noise control, however, he suggests enforcement might better be accomplished using the Nighway Traffic Act. In an effort to satisfy all of the concerns raised by the various individuals and industries, the draft by-law was amended and two new sections added. NEW- SECTION. 4 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, festive, religious activities and such other activities listed hereunder: Continued ...../4 CD-21-85 -4- May 21, 1985 a) Mosport Park, automobile racing; b) The Bowmanville Foundry Co. Ltd., manufacturing; c) Goodyear Canada Inc., manufacturing; d) J. Anderson Smith, manufacturing; e) Curvply Wood Products Ltd., manufacturing; f) Orono Fish and Hunt Club, shooting range; g) Union Rod and Gun Club, shooting range; h) The Marksman Club of Oshawa, shooting range; i) Oshawa Ski Club, recreational snowmaking; j) Parades, controlled demonstrations and rallies and municipally sponsored events; k) All agricultural properties where noise emissions are directly related to normal agricultural activities; 1) Licenced Pit and Quarry operations except where such operations are restricted to specified house of operation through municipal development agreements where such hours are more restrictive than any which may be prescribed by by-law. NEW - SECTION 5 GRANT OF EXEMPTION BY COUNCIL Notwithstanding the provisions of this by-law, any person may make application to the Council of the Town of Newcastle for an exemption 1M~ from this by-law. All exemptions granted by Council shall be undertaken by amendment to this by-law. o~~~°' ! U~~~ Ce) These new sections will provide for exemption from the requirements of the noise by-law to a specific group of activities (industrial, commercial, recreational) and as well, provide a vehicle for the adding of activities that may require exemption from the conditions of the by-law on a permanent, or temporary basis. The revised by-law does in staff's opinion, provide the degree of control necessary while at the same time, not restricting the ability of local industrial and recreational organizations to continue to function in the certain knowledge that their activities are not being impeded by the passage of a noise by-law. Continued ...../5 CD-21-85 - 5 - May 21, 1985\ ,, r' .:_~' Staff would recommend passage of the by-law. Respectfully submitted, 4 {(/ ' David W. Oakes, B.A., A.M.C.T., Town Clerk. DWO/ms Attachments: 1. Revised Draft Noise By-law; 2. Newspaper Advertisement; 3. Letter to Industry, Regional Police, Commercial Interests; 4. List of persons circulated; 5. Copy of each of eleven pieces of correspondence received. ,~~ u I - t C~~ ~tl„- I~~ Head Office and Plant r V P.O. Dox 90, Orono, Ontario, LOB 1 MO Telephones 416 983.9171 Wood Products Ajax line 416 686.1611 Telex 06.981351 ~.a w+w.n~~ ~, hpma ~EMOfP Corporation of the Towr> of Newcastle, Office of the Town Clerk, 40 Temperance Street, Bowmanville, Ontario. L1C 3A6 Attention: Ivlr.David W. Oakes: Dear Sir: Largest Canadian manufacturer of ..,, curved plywood custom•mouided and finished for all ' types of furniture and wood products E;~--i June 3, 1985. „ ._;'J I I stave reviewed the Noise By-l.aw draft and find everything is satisfactory. However, Plydesigns and Nesting Furniture are part of the same company as Curvply Wood Products and we woul-d ask that you add these 2 companies to section 4. Thank you for your consideration. Yours truly, ~,,, , .,, i. ..; __ 9 _ e ~ `~~~ ~) ~(~< ~ J ` f ~' ` (~ (r,_~ I -- - ; --__ _ ~ _.. . ,.. _ Basil. Richardson General. Manager ~ C ,,.~ , ~~ ~. TOWN OF NEWCASTLE DEVELOPMENT GROUP 23 SILVER STREET BOWMANVILLE, ONTARIO L1C 3C4 ,fir ,..~ V - _ , +'+; Mr. David Oakes, B.A., A.M.C.T. Town Clerk Corporation of the Town of Newcastle 40 Temperance Street Bowmanville, Ontario ~,1C 3A6 Dear Mr. Oakes: Re: Proposed By-La~v 85 4 ~ Thantc you for the opportunity to comment on proposed By-Law 85. It is our understanding that the Town does not have a means to deal with com- e plaints relating to excessive noise and this is why the By-Law has been developed. We wish to make the following comments: (a) Although specific exemptions can be provided, the By-Law is very general and subject to significant interpretation. For example, paragraph 3(F) could be interpreted to defend almost any position. It is the opinion of the Group that such a law will be difficult to enforce creating more problems in this area for the Town. These problems may be compounded as enactment of the proposed By-Law may result in an increase in the number of complaints; and (b) The Group believes that before this By-Law is passed an additional review should be carried out by the Town of activities that could be exempted. The Directors of our Group identified other business activities, that may be subject to complaint under this proposed By- Law, that are necessary for the successful operation of these businesses. The Group also feels that if this ~y-Law is passed some mechanism should be set up so that any business that is considering locating in the Town is made aware of the noise restrictions and, prior to developing, the business makes application for exemption under the By-Law. As mentioned in (a) the main concern of the Group is the general nature of the By-Law. If unwarranted complaints are made the defending parties would incur unnecessary costs and, in the case of businesses, may be faced with costly delays in production. An alternative approach may be to limit the By-Law to the types of noises that have caused the majority of complaints in the past (e.g. persistent barking, loud parties after a certain hour, etc.), If you require further clarification of our continents please contact us. Yours sincerely, ~~~~r Peter A. Hobb, Chairman Town of Newcastle Development Group E,~,dl;,n.d ~ao~ ~je ~a~nn~~~~t~Ye ,~f'aut~b~p ~Ca. v' ` ~ , ~( tI I } ~y /~~ / I .~. . ,, MALLEABLE IRON CASTINGS GREY IRON CASTINGS I, 172 WELLINGTON STREET BOX 69 ~ '~ ~otuTtttrnbiiCe, ®ntaria L1C 3KB r ~. July 2nd, 1y$5. Corporation of the Town of Newcastle, ~0 Temperance Street, BO6~I'+I.AIWILLE, Ontario. L1C 3A6 Dear Members of the Council: Re: Town of Newcas~l'e Draf Noise I3y~1aw Your file No.!1O 13.,x. We have examined the revised draft of this proposed By-law and find that, with the new changes, the new draft is acceptable to us. Yours truly, THE, BU`vJI~Il~NV1LL?j FOUNDRY CO. LTD. ~~~ T. F. Rehder TFR~rnlt President y.~'. JON M. JENKINS ~ ~f1~ ~~ a' ` `3i ``' CHIEF OF POLICE r D.J. EDWARDS ~ ~V ~ • DEPUTY CHIEF /~ , OPERATIONS BRANCH ... GERALDROBINSON Durham Regional (Police Force DEPUTY CHIEF ADMINISTRATION BRANCH ~ Cam) 77 CENTRE ST. NORTN OSHAWA, ONTARIO Li G 467 Oshawa (416) 579-1520 Toronto (416) 367-0478 Your File:- Our File:- June 11, 1985. David W, Oakes, B.A., A.M.C.T. Town Cleric Corporation of the Town of Newcastle 40 Temperance Street Bowrnanville, ON L1C 3A6 I .~ Dear Sir: :.., ,z,.,~ -~ w ~~ ~~~. y a~E „'7u r't.~~A~;~~~ Re: Revised Draft Noise By-law Town of Newcastle ~-'`~.~ Your File 10.13.3 ._ .%'" Thank you for your letter dated May 28, 1985, together with a copy of the above named revised draft. Your questions can be answered in the following manner: Q.1 How would enforcement be achieved from a Police point of view without a Noise By-Law in place? A.1 There is a section of the Criminal Code of Canada under '.;.~ which the Police cap act, namely, Section 387(l)(c), the Mischief section, but this section is rarely used as most municipalities have a Noise By-law in effect which better deals with the situation. Q.2 Would the passing of a Noise By-law make the Police Department's enforcement activity easier in matters over which the by-law had control? A.2 The Noise By-law would certainly aid the Police with enforcement in regards to noise being created within the municipality. Most complaints about noise come from citizens who are annoyed by their neighbours loud music from stereos, radios etc. and they are quite upset when the Police appear to take no action, "A DECADE OC- PROUll DEDICATION" ADDRESS ALL CORRESPONDENCE TO THE CHIEF OF POLICE ,/ d -z~ which can be the case when no noise by-law is in effect. Most citizens comply with a Police request to tceep the noise down when advised that they are liable to be summonsed to court under the local by-laws. The revised draft of the noise by-law appears to be sufficient to allow Police to act on the complaint of citizens who are disturbed by excessive noise within this municipality. Assuring you of the co-operation of the Durham Regional Police Force. Yours truly; -~. ~~~ ~i~_ - , ~~1~ ~._.~ D.J. Edwards may/ r ~~~Deputy Chief Operations Branch r.. sk V I , ~ (-~) ~~ Town of Newcastle Development Group 23 Silver Street Bowmanville, Ontario L1C 3C4 Attention: Mr. John Winters, Chairman George Webster, Chairman Bowmanville Business Centre Board of Mangement P.0. Box 365 Bowmanville, Ontario L1C 3L1 Mrs. Pauline Storks Newcastle Business Improvement Area Newcastle, Ontario LOA 1H0 Curvply Wood Products Orono, Ontario LOB 1M0 Bowmanville, Foundry Co. Ltd. 172 Wellington Street Bowmanville, Ontario L1C 1W3 Durham Regional Police Force 132 Church Street Bowmanville, Ontario L1C 1T5 Mr. R. Stender, R. R. #1, Bowmanville, Ontario. L1C 3K2. s. Yvonne Maitland, Secretary-Treasurer Orono Business Improvement Area Orono, Ontario LOB 1M0 Chamber of Commerce c/o 118 King Street East Bowmanville, Ontario L1C 1R8 Chamber of Commerce c/o MacGregor & Van Nest Barristers & Solicitors 35 King Street West ~wcastle, Ontario ..~~JA 1 HO Goodyear Rubber 45 Raynes Avenue Bowmanville, Ontario L1C 1J3 J. Anderson Smith 97 King St. E. Newcastle, Ontario LOA 1H0 Mr. R. Dreossi, R. R. #4, Oshawa, Ontario. L1H 7K6.