HomeMy WebLinkAboutCRPS-10-101 - Exemption to Chapter 450 (Noise) of the Municipal - BingemanREPORT
REPORT TO:
Finance and Corporate Services Committee
DATE OF MEETING:
June 21, 2010
SUBMITTED BY:
Troy Speck, General Manager of Corporate Services
PREPARED BY:
Shayne Turner, Director of By-law Enforcement
WARD(S) INVOLVED:
1and 2
DATE OF REPORT: June 14, 2010
REPORT NO.:
CRPS-10-101
SUBJECT:
EXEMPTION TO CHAPTER 450 (NOISE) - CONCERT AT
BINGEMAN'S
RECOMMENDATION:
That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to
Bingeman’s at 425 Bingeman’s Centre Drive, for an outdoor concert on Saturday July 17, 2010,
between the hours of 2 PM to 11 PM, subject to the following conditions:
1. That all music must cease no later than 11 PM;
2. That the event organizers cover the costs associated with having a By-law
Enforcement Officer on duty during the event; and
3. That the amplified sound shall not exceed a noise measurement of 55 dBA, or 5 dBA
over a pre-determined ambient noise level, whichever is less restrictive, when
measured from the adjacent residential area, measured over a 5 minute period.
BACKGROUND:
Bingemans has entered into an agreement with a concert promoter to hold an outdoor concert
th
on their grounds on July 17. The amplified music has the potential to cause higher than
normal noise in the residential area on the south side of Victoria Street East. As such,
Bingemans and their concert promoter wish to apply for an exemption to Chapter 450 (Noise),
for the event.
ç ó ï
REPORT:
Staff advise that they have received complaints regarding noise from previous events held in the
same subject area. As such, staff feel it is prudent to apply certain conditions to any exemption
that is granted. In addition, information put forward by Bingemans indicates that they are
looking at a longer term vision to increase the use of the outdoor area as a venue for concerts.
Thus, the conditions placed on this exemption may very well serve as a model for future events
at this location.
The proposed conditions relate to ensuring that a By-law Enforcement Officer is on-site during
the event in order to address any concerns that are raised as well as to participate in some
sound checks and tests related to a prescribed decibel level. Staff are proposing to prescribe a
maximum decibel level, as measured from the adjacent residential (south side of Victoria
Street). The aim is to have an agreed upon decibel level that can be tested prior to the concert
beginning. Prescribing a decibel level maximum has not been done with any previous noise
exemptions, so staff had to conduct some research into an acceptable level. This research
included reviewing provincial guidelines as well as what the City of Waterloo is implementing as
part of their Noise Control By-law for special events. The 55 decibel level seems reasonable
under normal circumstances, as it is based on 5 dBA over the normal ambient noise level (50
dBA) in a residential neighbourhood. However, staff are also concerned that the traffic noise
along Victoria Street may result in an increased ambient measurement in the neighbourhood
areas. Therefore, staff are proposing to try to determine an average ambient noise level in the
subject neighbourhood and apply a 5 dBA maximum over it. All of this information would be
communicated to Bingemans and the event organizer in advance of the event.
Staff will debrief with Bingemans after the event to review the results, positively or negatively, of
the exemption and the conditions.
This approach has been discussed with those people who staff could identify as having raised
concerns regarding past concert events on Bingemans’ grounds.
FINANCIAL IMPLICATIONS:
None identified at this time.
COMMUNICATIONS:
No Corporate Communications required. However, contact has been made with area residents
who were identified as having previous concerns with concerts in the subject area.
ç ó î
CONCLUSION:
Based on the circumstances surrounding this event, the By-law Enforcement Division does not
object to this request for an exemption, subject to the conditions prescribed.
ACKNOWLEDGED BY:
Troy Speck, General Manager of Corporate Services
ç ó í