ROUTING Community Services Committee | DELEGATION - R. Pleckaitis February 01, 2016 Community Services CR_3091 Page 1 of 2

Use of Amplified Noise on City Sidewalks (M. Oshry)

Recommendation:

That the February 1, 2016, Community Services report CR_3091, be received for information.

Report Summary

This report provides an overview of current regulations in place to limit and prohibit excessive noise.

Previous Council/Committee Action

At the November 3, 2015, City Council meeting, Councillor M. Oshry made the following inquiry:

The use of amplified noise by individuals on public property can often disturb the peace of others and infringe on their peaceable enjoyment of public space. It can also be a detriment to nearby businesses, as potential customers may avoid the location. Can Administration outline the current regulations in place that limit or prohibit excessive noise and provide any suggestions on how noise provisions can be strengthened to deal with amplified noise, specifically including, but not limited to, noise that is produced by proselytizers and other individuals located in public spaces and on city sidewalks?

Report

Current Regulations

The Citys Community Standards Bylaw regulates excessive noise. The Bylaw establishes a number of offences to address various types of noise, or activities that generate noise, and places limitations on how and when these activities may occur. Garbage collection at night, hours of construction, the use of engine retarder brakes, and motorcycle decibel levels are issues addressed through specific offences in the Bylaw.

The Community Standards Bylaw also contains a general offence to address other common complaints of excessive noise. Section 14 of the Bylaw states that a person shall not cause or permit any noise that disturbs the peace of another individual. In responding to noise complaints, Enforcement Officers apply objective standards to determine if any offence has occurred. Consideration is given to the volume, frequency, duration, time of day and time of week, the nature or use of the surrounding area, the decibel level if measured, and other situational factors that may be relevant.

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Use of Amplified Noise on City Sidewalks (M. Oshry)

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Officers will usually seek compliance through the use of warnings and public education. The majority of violations are resolved without the need to take formal enforcement action. If compliance cannot be achieved through warnings, Officers will collect evidence or a witness statement, which clearly establishes an offence, before a fine is issued.

In 2015, Community Standards received 959 noise complaints from citizens. Most of these complaints related to nighttime garbage collection, nighttime snow removal, construction, noisy air conditioners, and noise stemming from festivals held across the City. It is estimated that only a very small percentage of noise complaints received are related to proselytizers, street performers, buskers, or other individuals on city streets or parkland. Individuals who have previously been the subject of these complaints have been responsive to Officers requests to reduce the volume of noise being emitted or to move their location to mitigate citizen concerns.

In responding to complaints of this nature, it is an important distinction that Officers have the ability to regulate the volume and duration of noise and not the content or the type of noise emitted. The Canadian Charter of Rights and Freedoms protects the freedom of assembly and the freedom of expression, however unpopular a persons view or expression may be. Activities relating to street preaching or street performing on public spaces would fall under this protection.

Potential Regulatory Changes

Council could direct Administration to explore legislative changes to restrict or partially restrict amplified noise on City streets or on City parkland, within the limits of the Charter. For example, restrictions could be applied to locations where the volume of noise is more likely to disturb the peace of others, such as prohibiting speakers from within certain proximity to building entrances.

Amplified noise could be regulated through a permitting system on public spaces. Currently, Transportation Services allows for busking on Transit property only after a permit has been obtained. This permitting system has been established to identify specific locations where busking is allowed, as loud or amplified music can create safety hazards on Transit property or cause interference with the public address system. If Committee supports this approach for regulating amplified noise on all public spaces, Administration would need to further evaluate benefits, resourcing requirements, and financial impacts of administering this system.

Any bylaw change to regulate the amplification of noise would apply to all variations of amplified noise and would have broad effects on activities throughout the City, including sporting events, outdoor concerts, street festivals, and any other activity where amplification is used to enhance noise levels.

Others Reviewing this Report

D. Wandzura, General Manager, Transportation Services K. Rozmahel, General Manager, Corporate Services