|
|
|
|
|
|
|
|
TO: |
Mayor and Members of Council |
|
|
|
|
FROM: |
Sheila Birrell, Town Clerk |
|
|
|
|
PREPARED BY: |
William Wiles, Manager, By-Law
Enforcement & Licensing |
|
|
|
|
DATE OF MEETING: |
2005-05-16 |
|
|
|
|
SUBJECT: |
Noise By-Law Policy and Amendment |
RECOMMENDATION:
That By-law 2003-137, A By-law to regulate noise
and to repeal By-law 218-89, be amended by striking out Sections 7 to 14, and
inserting a new Section 7 to provide for a revised policy for exemptions to the
By-Law;
And
that By-Law 2002-276 (A By-Law to Establish Licence Fees for the Town of
Markham) be amended to include a $250.00 fee for a noise by-law exemption, with
exemptions for charities, school boards and neighborhood groups;
PURPOSE:
To streamline the Town’s process
for granting routine and repeat exemptions to the noise by-law.
BACKGROUND:
By-law 2003-137, known as the
“Noise By-law”, regulates the time and types of noise that may be generated and
heard within the Town. Provisions of the by-law are designed to be restrictive
with an exemption section to allow for unavoidable “noise” created with construction
activities and with special and community events. The current process for obtaining
exemptions is a time-consuming and lengthy process for applicants. Applications
that are routinely approved require the applicant to repeat the same process
each time.
OPTIONS/DISCUSSION:
Provide Process for Staff Approval of Exemptions
To streamline and improve the
approval process for repetitive and minor noise exemptions, a revamping of the
exemption approval process is proposed. The amended by-law will allow staff to process
exemptions in accordance with by-law provisions.
Exemption Type and Revised Approval Process
The following table lists the
exemption types and the revised levels of approval to be incorporated into the
by-law amendment. Council approval would still be required for exemption
periods after
OPTIONS/DISCUSSION: (cont’d.)
|
Exemption Type Current
Approval |
Est. # Year |
Proposed Approval |
Normal Reason |
|
Construction Noise- till |
6 |
Staff |
Pouring of cement/ project
schedule |
|
Construction Noise- after 7 pm Council |
1 |
Council |
Continuous construction/ large
project |
|
Amplified Music- till |
6 |
Staff |
Community & Charitable Events |
|
Amplified Music- after |
- |
Council |
Special Events |
|
Detonation of Fireworks- till 12 am Council |
2 |
Staff |
Community & Charitable Events |
|
Singing, Whistling, Shouting Council |
1 |
Staff |
Community & Charitable Events |
Policies for Granting Noise By-law
Variances
In considering, the granting of variances the staff shall consider the
following:
1.
Purpose of event
2.
Type of noise
being generated
3.
Location
4.
Time period
requested
5.
Sound abatement
measures
6.
Notice in local
newspaper and review of subsequent public input
7.
Impact of other
event factors, such as parking, lights, garbage etc.
8.
Confirmation of
paid duty police for events warranting police presence
9.
Compatibility
with surrounding business and residential communities.
10.
Review of
advertisements for event to confirm starting and ending times
11.
Application for
all required permits and licences and likelihood of their approval
12.
Past conduct and
compliance with all other municipal by-laws and requirements
FINANCIAL CONSIDERATIONS:
Staff anticipate receiving approximately four exemption requests per
year where the proposed $250.00 fee would apply, for an estimated annual
revenue of $1,000.00
ENVIRONMENTAL CONSIDERATIONS:
None
ENGAGE 21ST CONSIDERATIONS:
Engage
21st identifies the Town’s corporate goal of organizational
excellence. The proposed policy and by-law amendment is a further step towards
that goal.
BUSINESS UNITS CONSULTED AND AFFECTED:
Legal
|
|
|
|
|
S. Birrell Town Clerk |
|
A.
Commissioner Corporate Services |
