HomeMy WebLinkAboutCLD-017-11 Clanigtoil REPORT
CLERK'S DEPARTMENT
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Meeting GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date June 27, 2011 Resoluti+q : '>PA4'42'II By-law#: 011 ,-(:)6 I
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Report* CLD-017-11 Fiie#: `d'4@`
Subject AMENDMENTS TO-NOISE BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-017-11 be received;
2. THAT the amendment to the Noise By-law attached to Report CLD-017-11
be forwarded to Council for approval; and
3. THAT the interested parties listed in Report CLD-017-11be advised of
Council's actions
If
Submitted b . cir/��/. � . . Revlevved b . l y rrie, CMO y Franklin Wu,
un i•'•al Clerk Chief Administrative Officer
PAB/ic
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: CLD-017-11 PAGE 2
Pursuant to the GPA Resolution (#GPA-406-11) approved by Council on June 7t", 2011,
Staff were directed to, "review the current Noise By-law 2007-071 and, where
appropriate, update the language and provisions of the By-law as they relate to the
regulation of noise coming from shooting ranges within the Municipality."
In order to undertake this review Staff have looked into the history of the changes to the
Clarington Noise By-law.
1.0 SHOOTING RANGES
1.1 BACKGROUND
In 1985 Staff were requested to examine the need for a comprehensive noise by-law.
On March 20th, 1985 Council invited the public to submit their comments on the
proposed by-law. Among the responses received were requests from the Union Rod
and Gun Club and the Orono Fish and Hunt Club requesting that they be exempted
from the By-law. For reasons unknown the By-law never went forward until July 31St
1987. At that time, the requests from the Union Rod and Gun Club and the Orono Fish
and Hunt Club were approved and included in the by-law. An exemption was also
provided for the Marksmen Club of Oshawa.
In 1989 more amendments were requested and Council repealed the By-law and
replaced it with By-law 89-184. This by-law carried forward the noise exemption for the
shooting ranges and added a curfew of 11:00 p.m. to 7:00 a.m. from Sunday night to
Saturday morning. On Saturday the curfew began at 11:00 p.m. and ran through to 9:00
a.m. on Sunday. Provided that the ranges observed the curfew hours, they were free to
conduct their business without impediment.
In 1994 new complaints forced a change to the operation of the Marksmen Club. The
outdoor range was being used by the Durham Regional Police for training purposes. An
environmental Noise Assessment Study was conducted on their outdoor shotgun range.
REPORT NO.: CL®-017-11 PAGE 3
The firm of Howe Gastmeier Chapnik Limited was retained by the Municipality to
conduct the testing.
Because the outdoor range had been constructed after 1980 it was required to meet the
then current Ministry of Environment and Energy (MOEE) standard of 50 dBAI. Testing
showed that the existing exterior berming and shielding had reduced the noise levels to
between 67 to 73 dBAI. The firm concluded that there would be no further action that
the Club could take that would bring the sound level down to the required 50 dBAI. As a
result the exterior noise exemption for the Marksmen Club was deleted from the By-law
but the overall exemption, which also regulated noise from the indoor range remained in
place. Since both the Orono Fish and Hunt Club and the Union Rod and Gun Club pre-
dated the 1980 standard, they had only to achieve a level of 70 dBAI to comply with
MOEE standards.
In 1997 specific noise restrictions and criteria were imposed by the Municipality to deal
with increasing concerns at the Mosport Park race tracks. These amendments required
the track operator to meet specific noise levels and required detailed testing
procedures. In 2004 those levels were repealed.
In 2007 the entire by-law was overhauled to modify and update enforcement
procedures. At that time there was no intent to alter the direction or application of the
existing provisions of the by-law. Among those provisions were the existence of the
curfew provisions and the overall exemption for the existing shooting ranges. Other
than the Marksmen Club the exemptions were intended to continue.
A review of the 2007 by-law was conducted in relation to the latest GPA Resolution and
shows that there was an unintended oversight. The overnight curfew was maintained
but the wording of the exemption was not included.
This year Staff have received complaints from citizens in the area of the Orono Fish and
Hunt Club concerning the ongoing noise from the range. The range is currently used by
REPORT NO.: CLD-017-11 PAGE 4
the members of the Gun Club and the local detachment of the Royal Canadian Mounted
Police as their training range. This increase in use has resulted in higher than normal
complaints from the neighbours.
1.2 INVESTIGATION AND COMMENT
Section 4 of Newcastle By-law 87-131 stated in part,
the by-law shall not apply to a person who permits or causes
the emission of sound connection with any of the traditional,
festive, religious activities and such other activities listed
hereunder: ...
0 Orono Fish and Hunt Club, shooting range;
g) Union Rod and Gun Club, shooting range;
h) the Marksmen Club of Oshawa, shooting range;...
The 1989 By-law, 89-184 created a set of curfew times for the ranges to ensure
overnight peace and quiet. It also stated in Section 5,
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 out by a curfew.
This overriding exemption does not appear in the current Noise By-law 2007-
071. The staff report (CLD-010-07) which accompanied By-law 2007-071 made
no reference to the deletion of the noise exemption; however it did itemize other
changes which were proposed in the by-law.
While the exemption had originally existed for all ranges, it is within Council's
scope of authority to remove the exemption thus placing the ranges on the
same level of enforcement as any other activity in the Municipality save and
except those industries for which 24 hour operation is a necessary fact.
REPORT NO.: CL®-017-11 PAGE 5
In 1978 the Ministry of the Environment produced a document called "Model
Municipal Noise Control By-law: Final Report". This set the upper limit for noise
emanating from a shooting range in a rural setting at 70 dBAI. This was
adopted as the standard province-wide. The level was reduced in 1980 to 50
dBAI however the previous level was recognized as still valid for pre-existing
facilities.
In 1995 the Ministry produced Publication NPC-232, "Sound Level Limits For
Stationary Sources in Class 3 Areas (Rural)". Section 8(2) of the publication
states:
8. SOUND LEVEL LIMITS - SPECIFIC IMPULSIVE SOUNDS
(2) For impulsive sound, other than Quasi-Steady Impulsive Sound,
from a stationary source which is the discharge of firearms on the
premises of a licensed gun club, the sound level limit at a point of
reception within 30 m of a dwelling or a camping area, expressed
in terms of the Logarithmic Mean Impulse Sound Level (LAM), is:
70 dBAI if the gun club were operating before January 1, 1980; or
• 50 dBAI if the gun club began to operate after January 1, 1980
The proposed amendment will establish a maximum noise level for the existing ranges
of 70 dBAI in accordance with the Ministry's guidelines and 50 dBAI for any new ranges
which may come along.
1.3 CURFEW
Currently the ranges all have a curfew of 11:00 p.m. For many young families this is
long after the bedtime of the children. The ranges are not set up for ongoing night-time
operations. Staff are recommending that the curfew on night-time operations begin at
9:00 p.m during the week and 4 p.m. on Sundays.
REPORT NO.: CLD-017-11 PAGE 6
2.0 CONSTRUCTION NOISE CURFEW
2.1 BACKGROUND
Currently the Noise By-law sets a construction noise curfew time of 11:00 p.m.
until 7:00 a.m. the following day, Monday through Saturday, 11:00 p.m. Saturday
night until 10:00 a.m. Sunday and 5:00 p.m. on Sunday until 7:00 a.m. Monday
morning. The By-law goes on to state:
3.3 A noise curfew shall apply to any noise from any excavation or
construction work whatsoever, including the erection, demolition,
alteration or repair of any building;
(b) except in the case of urgent necessity and then only under prior
authorization from the Municipality.
3.4 During the time when construction, excavation or demolition work
is permitted on Sunday as outlined in Section 3.3 above, such
work shall not include the operation of any mechanically powered
excavation or earth moving equipment.
2.2 COMMENT
During the review Staff have come to the conclusion that 11:00 p.m. is too late to allow
construction noise to continue. Staff are therefore recommending that the termination
time be reduced to 9:00 p.m. This would still allow the homeowner to undertake work in
the evenings after returning from their daytime job while not severely impacting the
neighbours.
Staff do note that there is a need to provide an exemption for construction noise during
the non-curfew times to prevent frivolous complaints and have added an exemption
similar to that which formally existed for the gun ranges.
REPORT NO.: CLD-017-11 PAGE 7
3.0 CONCLUSION
While the outdoor exemptions for the Orono Fish and Hunt Club, the Union Rod and
Gun Club and the indoor range at the Marksmen Club have existed for several years it
has always been a special status not enjoyed by other groups within the Municipality.
The removal of that status and the imposition of maximum sound levels will make for a
more tranquil environment for the neighbours surrounding the three clubs.
If a new range is started anywhere in Clarington, the operators will have to comply with
the lower noise level standard. The imposition of a lower sound level for any new
ranges is in accordance with the Ministry of the Environment's "Publication NPC 232"
for operations which began after January 1 St 1980.
The imposition of the 9:00 p.m. curfew for construction noise will help to better regulate
construction activities within the Municipality, while the exemption during normal
business hours will allow companies to work without undue municipal interference.
It is therefore recommended that the by-law attached hereto be forwarded to Council for
passage.
Interested Parties:
Todd Newman, Orono Fish and Hunt Club
Union Rod and Gun Club
The Marskmen Club
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2011-
Being a By-law amend Noise By-law 2007-071
WHEREAS Section 129 of the Municipal Act, 2001, S.O. 2001, Chapter 25 states
that a local municipality may prohibit and regulate noise;
AND WHEREAS The Council of the Corporation of the Municipality of Clarington
deems it appropriate to amend By-law 2007-071, which is a by-law to regulate
noise levels within the Municipality of Clarington;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 1.1 of By-law 2007-071 is deleted in its entirety and replaced with
the following:
No person shall ring any bell, blow or sound any horn or cause
the same to be rung, blown or sounded, or shout or create,
cause or permit any unusual or excessive noises which, at the
point of reception, are likely to disturb any other inhabitant of the
Municipality of Clarington.
2. Section 3.1 of By-law 2007-071 is deleted in its entirety and replaced with
the following:
3.1 A noise curfew shall apply to the following shooting ranges
within the Municipality of Clarington:
(a) the Orono Fish and Hunt Club;
(b) the Union Rod and Gun Club; and
(c) the Marksman Club of Oshawa.
This curfew shall be from 9:00 p.m. until 8:00 a.m. the
following day (Monday through Saturday), 9:00 p.m.
Saturday until 10:00 a.m. Sunday, and 4:00 p.m. Sunday
until 8:00 a.m. Monday.
11.1 During non-curfew times, any noise emanating from the use of a
shooting range shall not exceed:
(a) 70 dBAI at the point of reception for any shooting range
which began operation prior to January 1" 1980; or
(b) 50 dBAI at the point of reception for any shooting range
which began operation after January 1St 1980.
2.0 Section 3.3 of By-law 2007-071 is deleted in its entirety and replaced with
the following:
3.3 A noise curfew shall apply to any noise from any excavation or
construction work whatsoever, including the erection, demolition,
alteration or repair of any building from 9:00 p.m. until 7:00 a.m.
the following day, (Monday through Saturday), 9:00 p.m.
Saturday until 10:00 a.m. Sunday, and from 4:00 p.m. Sunday
until 7:00 a.m. Monday.
3.3.1 For the purposes of this by-law, noise related to construction
work shall be interpreted to include the starting, idling and
warming up of any truck or mechanically powered excavation or
earth moving equipment.
3.3.2 Noises emanating from the operations described in sections 3.3
and 3.3.1 shall not be considered to be a violation under this by-
law when said operations are carried on outside the time periods
set out by a curfew.
3.3.3 Notwithstanding any other provision to contrary, Council may
authorize construction work to be carried on outside the curfew
restrictions set out in this By-law only in the case of urgent
necessity and then only under prior authorization from Council.
3.0 Should any section, clause or provision of this By-law be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the
validity of this By-law as a whole or any part thereof, other than the part so
declared to be invalid.
4.0 The provisions of this by-law shall come into full force and effect
immediately upon its final passing by Council.
BY-LAW read and passed in open session this `h day of July, 2011
Mayor
Municipal Clerk