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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 CO-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 information.
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 circul"aced 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 Council 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"
Continued . . . . ./2
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 camnent. In response to the request, comments were
received from the follaving:
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 fran 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 notice, the Clerk's Office received six (6) private requests for
exemption fran the conditions of the noise by-law.
(a) Patricia Irwin Lycett, Main Street, Orono, exemption to permit use
of power lawn maser, paver saws, family and social picnics and parties;
(b) W. K. Lycett, Main Street, Orono, same exemptions as noted in 5(a) above;
(c) Y. L. Anderson, Concession 5, Darlington, exemption to permit use of
tractor, lawn mover, roto tiller, chainsaw, table saw, car, truck;
(d) Wm. & Pat Hyder, Concession 3, Darlington, exemption to permit use of
tractor, sn avblower, kennel;
• (e) Mrs. Katy Prescott, Main Street, Orono, exemption to permit use of
lawnmavers, chainsaws, snavblaver;
(f) Harry Van Wyk, 6 Parkway Crescent, exemption to permit use of electric
lawnmower and trimmer.
Continued ...../3
I (C-)
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 whom 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 comply with the request made by Curveply
that Plydesigns and Nesting Furniture be added to the list of exempted businesses
in Section 4.
It is recommended, that Report CD-21-85 be lifted from the table and the revised
draft Noise By-law recommended to Council for passage.
Respectfully submitted.
David W. Oakes, B.A. , A.M.C.T. ,
Town Clerk.
DWO/ms
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