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HomeMy WebLinkAboutCD-77-871~~~~~ ~.~f~ ~.~~~? TOWN OF NEWCASTLE. rU~~• ~ `~='~~ REPORT File #,~'~~°p,~ ~,~ `°i ~ „ ~1~~~ Res. # ~,` ~~~~• By-Law # N'EETING: GENERAL PURPOSE & ADMINISTRATION COMMITTEE DATE: DECEMBER 7, 1987 T #: CD-77-87 FILE #: 10.13.123. SUBJECT: RECOMMENDATIONS: REPORT ON NOISE BYLAW EXEMPTIONS FOR LICENCED KENNELS IN THE TOWN OF NEWCASTLE (BY-LAW 87-131) It is respectfully recommended that the General Purpose & Administration Committee recommend to Council the following: 1,. That Clerk's Report CD-77-87 be received; and 2. That the General Purpose & Administration Committee recommend to Council the granting of an exemption to licenced kennels in the Town of Newcastle from the requirements of Sections 2(g) and 2(h) of By-law 874131; and 3. That in the event serious and persistent complaints are received from homeowners regarding noises eminating from licenced kennel operations, that the exemption granted hereby be revoked and the by-law exempt status repealed; and 4. That all licenced kennel operators in the Town of Newcastle and Durham Regional Police be advised of these decisions; and 5. That the attached by-law granting the exemption to By-law 87-131 be recommended to Council for passage. BACKGROUND AND COMMENT: Following the presentation made to Council by Mr. Bill Heyder, R. R. #3, Bowmanville, on September 14th 1987, respecting the impact that the Noise By-law could have upon the operations of licenced kennels, Council referred the matter to the Clerk for review and a report. Continued ...../2 Report CD-77-87 - 2 - December 7,1,98,7 ~ ! (~'~ Because concerns were expressed by people in both camps, that is persons supporting the request and others opposing the granting of an exemption, a meeting of kennel operators and persons concerned about the subject was held on October 6th 1987. Notice of the meeting was mailed on October 1st 1987, to approximately sixty-nine (69) people (this included those persons, who had expressed their opposition to the granting of an exemption). Approximately thirty-four (34) people attended the meeting and three other persons sent letters. As the result of the meeting held on October 6th 1987, the licenced kennel operators established a committee to review the concerns expressed by all persons, and to formulate a position which would take into account those concerns. The first report of the committee referred to was received on October 27th 1987, and circulated to everyone circulated with the original notice of the public meeting and others who had subsequently commented on the process. In response to the report of the Kennel Licensees' Committee, a total of 13 replies were received. Copies of all letters were forwarded to the Committee for their consideration on November 17th 1987. =The Committee analysed the replies, prepared an addendum to their original report, and forwarded the document to the Clerk's office on November 27th 1987. For the information of the General Purpose and Administration Committee, I would advise, that a copy of this report and all attachments will be circulated to those persons to whom materials had been circulated earlier. REPORT: Briefly, I would advise the Members of the General Purpose and Administration Committee that the crux of the issue is whether or not an exemption ought to be granted to the operators of licenced kennels from the conditions imposed by Sections 2(g) and 2(h) of the Noise By-law. Section 2 of By-law 87-131, establishes a list of specific categories of noises which are prohibited because of their potential to disturb the inhabitants of the municipality. Subsection 2(g) and 2(h) are the sections from which the kennel operators are seeking an exemption and they read as follows: 2(g) "any noise which may be heard beyond the lot upon which it is made at sufficient volume to disturb persons beyond such lot"; 2(h) "the persistent barking, calling or whining, or other similar persistent noise made by any domestic pet, or any other animal kept, or used for any purpose other than agriculture." Continued ...../2 Report CD-77-87 - 3 - December 7, 1987 0, ~~. ~~ ~~~ An analysis of the letters received indicates clearly that the majority of persons responding ;favour the granting of an exemption and support the recommendations contained in the Kennel Licencees' Committee Report dated October 27th 1987. Those recommendations are as follows, and will form the basis upon which the amending by-law will be prepared for Committee's consideration: 1. That for evenings, on Sunday, Monday, Tuesday, Wednesday, Thursday and Friday there be a curfew imposed commencing at 11 p.m. a.nd continuing through to 7 a.m. the following day and that for Saturday evening the curfew commence at 11 p.m. and continue-tf~r~ough to 8 a.m: Sunday morning. During this curfew time, kennel noise (barking) carrying beyond the meets and bounds of the property licenced be considered an infraction of the Noise By-law. 2. Further, that during the daily non-curfew hours, those being 7 a.m. to 11 p.m., Monday through to and including Saturday, 8 a.m. to 11 p.m. Sunday, continuous barking fora period in excess of 1 hour at any time be considered an infraction of the By-law. 3. Further, that the provision of Subsections 2(g) and 2(h) of By-law 87-131, given acceptance of recommendations number 1 and number 2 above, be made inapplicable to licenced kennels. While recommending to the General Purpose and Administration Committee that an exemption be granted to the licenced kennel operators from the requirements of sections 2(g) and 2(h) of By-law 87-131, it would be appropriate that a caveat be attached to the granting of the exemption. In particular, the licenced Kennel Operators should be advised that in the event complaints are received related to noise eminating from their places of business, and should the number of complaints registered reach unacceptable levels, that the exemptions granted will be withdrawn and the By-law authorizing the exemption repealed. The Members of the Kennel Licencees' Committee have worked very diligently on behalf of their organization and are to be congratulated for their efforts. Copies of this report and attachments will be circulated to all Kennel Operators and persons who filed letters of support or objection to the application. Continued ...../4 Report CD-77-87 -4- December 7, 1987 ~ - <) A by-law granting the exemption is attached and staff would recommend that it be approved by Committee and forwarded to Council for passage. Respectfully submitted, ~~ David W. Oakes, B.A., A.M.C. T., C.M.O., Town Clerk DWO/ms Attachments. Recommended for Presentation to Committee ~-~- ___ r .~ 4 ~; , awrenc ~ Kotseff, M.C.I.P., Chief A m istrative Officer 1. Mr. Wm. Heyder's presentation to Council, September 14, 1987; 2. Notice of Meeting dated October 1, 1987; 3. List of persons circulated with Notice of Meeting; 4. First Report of the Kennel Licencees' Committee dated October 27,:1987; 5. Covering letter circulating item 4 above dated October 27, 1987; 6. Letters from various persons responding to the circulation in item 4 above and forwarded to Mr. Wm. Heyder on November 17, 1987; 7. Addendum to Report (item 4 above) received November 27, 1987; 8. Draft by-law with respect to the exemption.