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Home My WebLink AboutCD-30-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON UPORT Meeting GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File ff Date 15 November 1993 Res 4 cd a— -1 Report 4 CD-30-93 File By-Law It Subject NOISE COMPLAINTS AND AMENDMENTS TO THE NOISE BY-LAW Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-30-93 be received; 2 . THAT the request of Mr. Steven Jansma to rescind the exemption for the Marksmen Club of Oshawa contained in By-law 89-184 (Noise By-law) , be denied; 3 . THAT the By-law attached to Report CD-30-93, amending the curfew hours for construction noise be forwarded to Council for passage; and 4 . THAT Mr. Steven Jansma and all interested parties be advised of Council's decision and forwarded a copy of Report CD-30-93. BACKGROUND AND COMMENT: PETITION TO RESCIND EXEMPTION On November 9, 1992 Mr. Steven Jansma presented a petition to Council requesting the revocation of a particular exemption contained in the Noise By-law 89-184. The By-law exempts the Marksmen Club of Oshawa for the hours of 7:00 a.m. to 11:00 p.m. Monday to Saturday and 9 :00 a.m. to 11:00 p.m. on Sunday. Staff were directed to investigate the complaint and prepare a report for Council, (Council Resolution #C-729-92) . In the summer of 1992 the Club established an outdoor shotgun range on the property. The range is a "combat" style set up. A person using the range moves through a prepared course stopping to shoot at targets as they appear. This is different from the standard trap or skeet range where the shooter is stationary. Mr. Jansma stated that the range was causing problems due to the excessive noise. 606 I Ll—I n 1.1.10 LILI.1111 Report CD-30-93 - 2 - November 15, 1993 The Club president Mr. Gerry Neely, the Ontario Provincial Police Firearms Officers and the Ministry of the Environment have been contacted regarding the applicable rules and limits for outdoor ranges . The range is considered by the Planning Department to be accessory to the current indoor range. The new range has been inspected and approved by the O.P.P. Firearms Officers. There remained only the question of the level of the noise. Mr. Neely was advised to retain the services of a noise consultant to determine the level of noise emanating from the property. Due to the sporadic and transient nature of the noise, Mr. Neely has been unable to locate a consultant who can provide an accurate measurement of the sound levels. No further complaints have been received since the initial one was filed in September 1992, therefore, Staff are recommending that the Club's exemption not be rescinded. MODIFICATION OF NOISE CURFEW At the September 13, 1993 meeting of Council staff were directed to review the noise curfew as it applies to construction work (Council Resolution #C-615-93) . Local residents have expressed concern over construction in various subdivisions starting as early as 7 :00 a.m. on Sunday mornings . The Noise By-law currently prohibits noise arising from construction or excavation work between the hours of 11:00 p.m. and 7 :00 a.m. seven days a week. There is no separate exemption for Sundays or statutory holidays. Other municipalities within the Region have been canvassed. A strict prohibition on all construction noise on Sundays would severely restrict both the developer who is, perhaps, hard pressed to meet closing deadlines and the private home owner who has no other time during the week to complete small construction or renovation projects in and around the home. In an attempt to achieve a compromise, the attached by-law amendment is recommended. The suggested amendment will limit construction work on Sundays to the hours of 10:00 a.m. to 5:00 p.m. and prohibit the operation of excavation equipment on Sundays. These restrictions would also apply to all statutory holidays . This allows catch up work to be done but spares the home owner the roar and grind of heavy equipment disturbing the day. . . . /3 6 U 7 Report CD-30-93 - 3 - November 15, 1993 RECOMMENDATIONS It is respectfully recommended that Mr. Jansma's request for an amendment to By-law 89-184 be denied and the attached by-law amending curfew hours for construction be approved. Respectfully submitted, Recommended for presentation to the Committee att�� Bar e, A.M.C.T. M A. Marano, H.Bs, A.M.C.T. Municipal erk Acting Chief Administrative Officer LC*PB*lb Attachment UUU THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 93- Being a By-law to amend By-law 89-184 being a By-law to Prohibit Noises likely to Disturb the Inhabitants of the Municipality WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to further amend By-law 89-184; NOW THEREFORE the Council of the Municipality of Clarington hereby enacts as follows: 1. By-law 89-184 is hereby amended by deleting subsection 2(j) in its entirety and replacing it with a new subsection 2(j) as follows: 2(j) (i) any noise from any excavation or construction work whatsoever, including the erection, demolition, alteration or repair of any building authorized by the Municipality, except in case of urgent necessity and then under prior authorization from the Municipality, arising between the hours of 11:00 p.m. until 7:00 a.m. of the following day, Monday through Saturday, 11:00 p.m. Saturday until 10:00 a.m. Sunday, 5:00 p.m. Sunday until 7:00 a.m. Monday. During the time when excavation, construction or demolition work is permitted on Sunday such work shall not include the operation of any mechanically powered excavation or earth moving equipment. (ii) Time restrictions as set out above for Sundays shall apply in the same manner for all statutory holidays. 2. This by-law shall come into full force and effect immediately on the day of final passing by Council. By-law read a first and second time this 22nd day of November, 1993 By-law read a third time and finally passed this 22nd day of November+ 1993 MAYOR CLERIC 6U9 1 r hf � .rr ` f/ i /{ !( � j,� .� �! i f" rE ' , _ f _r ,.' � % 7f �r f i 1 r / ` � �,: / I, `, J ,� 1� �� C ;,, . , _�r J { �� i �' � � I r �i � �� ,•�� .� � �t fir, �, ,� � f � � i ' t` � �f � � / 1FiF TOWN OF ewe�s��e ONTARIO November 12, 1992 Mr. Steve Jansma 260 King Street East R.R. #1, Box 8 Hampton, Ontario LOB 1JO Dear Mr. Jansma: RE: GRIEVANCE - MARKSMAN CLUB OF OSHAWA - OUR FILE: PO1.NO At a meeting held on November 9, 1992, the Council of the Town of Newcastle considered your letter regarding the above matter and passed the following resolution: "THAT the correspondence received from Steve Jansma, forwarding a petition from residents of Hampton, requesting that Council rescind the Marksman Club's exemption to By- law 89-184 (Noise By-law) , be received; THAT the correspondence be referred to the Director of Planning and Development for review and preparation of a report to be submitted to the General Purpose and Administrative Committee; and THAT Steve Jansma be advised of Council's decision. " Once this matter has been reviewed, you will be advised of the decision. Yours truly, Patti L. Barrie, A.M.C.T. Town Clerk PLB/km cc: Franklin Wu, Director of Planning and Development CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET • BOWMANVILLE • ONTARIO - L10 3A6 - (416) 623 3379 • FAX 623 4169 MGM COUNCIL DIRECTION D-4 rP 1992 StevXj T OVvPJ OF �.E1hCASTLE 260 MAYUR S OFFICE R.R. 1, Box 8 Hampton, Ontario LOB 1J0 Her Worship Mayor Diane Hamre and the Newcastle Council Newcastle Town Hall 40 Temperance St. Bowmanville, Ontario Dear Mayor Harare and Council, We, the residents of Hampton who have signed the following petition, hereby present a grievance against the Marksman Club of Oshawa whose club is situated at Taunton and Holt roads. We base our grievance on The Corporation of the Town of Newcastle By-Law No. 89-184 "which deems that noises likely to disturb the inhabitants of the Town of Newcastle" include under section "g": "any noise which may be heard beyond the lot upon which it is made at sufficient volume to disturb persons beyond such a lot." Due to the Marksman Club's activity of discharging firearms out-of-doors, the peace and quiet of our neighbourhood has been disturbed. When these activities commence (any time during the day throughout the week and weekend), we have found that children, domestic and farm animals are frightened by the consistent noise. Wildlife, such as deer, the red-tailed hawk, and pheasants no longer roam the area. Many of us have moved to this area for the peace and quiet that country living affords. Our rights to this peace have been violated by the activities of the Marksman Club. We also fear that the value of our property will decrease due to this disturbing noise. We respectfully request that Your Worship and the Council consider our request to rescind the Marksman Club's exemption to bylaw 89-184 Yours sincerely, d5 Steve Jansma, for the concerned citizens of Hampton encl. ' l - CLARINGTON U001 11/25/93 16 20 � 190��G234169 - - - - - - - - -- ----- - _ ---- --- ------- - ACTIVITY REPORT TRANSMISSION OK TRANSACTION # 37797 CONNECTION TEL 7234366 CONNECTION ID G3 ,TART TIME 11/25 16 19 USAGE TIME O1' 12 PAGES 2 -I MUNICIPALITY OF CLARINGTON PHONE: 416-623-3379 40 TEMPERANCE STEET FAX: 416-623-4169 BOWMANVILLE, ONTARIO LIC 3A6 FAX MESSAGE ATTENTION: DATE: - '- COMPANY: tom+?? TIME SENT: ADDRESS: NUMBER OF PAGES INCLUDING COVER PAGE:;_ CITY&PROVINCE: PHONE NUMBER: FAX NUMBER: MESSAGE: A REPLY IS REQUESTED YES NO SEND REPLY BY: FAX, TELEPHONE, IMMEDIATELY, A.S.A.P. or NO RUSH PER: Petition We, the undersigned residents of Lots 19 and 20, Concession 5 in the Town of Newcastle, hereby file a complaint against the Marksman Club, Oshawa, Taunton and Holt Roads. Our grievance is against the activities of the Marksman Club members who are illegally discharging firearms out of doors, interfering with the peaceful enjoyment of our properties. NAME ADDRESS SIGNATURE fz- �C l aL Al ,&S ZK J LIM I U�-t�N) I 1 6 t\ CA WO( I'MIn /0- CAJLUM Id r hl�� 1 �_� .Y i►= ��I Iry