HomeMy WebLinkAboutCRPS-10-167 - Amendments to Chapter 450 Noise - Hold Occupants AccountableREPORT
REPORT TO:
Finance and Corporate Services Committee
DATE OF MEETING:
November 8, 2010
SUBMITTED BY:
Troy Speck, General Manager of Corporate Services
PREPARED BY:
Shayne Turner, Director of By-law Enforcement
WARD(S) INVOLVED:
All
DATE OF REPORT: October 27, 2010
REPORT NO.:
CRPS-10-167
SUBJECT:
AMENDMENTS TO CHAPTER 450 (NOISE)
RECOMMENDATION:
That a by-law be enacted to amend Chapter 450 (Noise) of the City of Kitchener Municipal Code
to hold occupants of dwelling units accountable for noise emanating from their residences, to
address issues related to snow clearing for safety reasons and to increase the maximum fine
pursuant to the By-law from $5,000 to $10,000.
BACKGROUND:
The City’s Nuisance Noise By-law, (Chapter 450) has been in place for many years, without any
significant amendments or changes to the set fine (ticket) amount of $100. Staff are proposing
3 housekeeping type amendments to the By-law to address issues that have arisen as a result
of their enforcement operations.
REPORT:
The following is an explanation of staff’s 3 proposed amendments.
1. Staff are proposing to clearly identify that tenants and occupants of dwelling units are
responsible for noise emanating from their dwelling units contrary to the by-law. This
amendment is proposed as an effort to overcome a difficulty that is arising with
enforcement investigations into nuisance noise complaints, particularly in multi-
residential buildings. The effect of this amendment is that an adult occupant of a
dwelling unit would be deemed to be responsible for the nuisance noise situation
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regardless of who actually is creating the noise violation. Enforcement staff take the
position that the occupant of property is generally in a position of having control over
who enters their property and should be responsible for the impact their guests have on
other residents. This amendment will allow enforcement staff to hold an occupant
responsible for disruptions stemming from their property.
2. Staff are proposing an amendment that would provide some parameters when dealing
with noise complaints relating to snow clearing on private property (ie. large parking
lots), typically late at night or in the early morning hours. Currently, the By-law does not
specifically exempt snow clearing activities, but staff recognize that there is a clear
obligation on private property owners to ensure their parking lots and laneways are
adequately cleared. Although many municipalities provide for a blanket exemption for all
snow removal practices, staff are proposing a partial noise exemption for snow clearing
activities that are necessary to maintain property in a safe condition. This wording will
allow staff to continue to address situations where snow removal is conducted in a
manner that unreasonably disturbs others.
3. Finally, staff are proposing to increase the maximum fine allowed under the By-law to
$10,000 from $5,000, which has been a standard fine, pursuant to the Provincial
Offences Act, for many years. Our current ability to provide for maximum fines of up to
$100,000 results from amendments to the Municipal Act, 2001 a few years ago. While it
is a rarity for the courts to impose the maximum fine, the increase will provide the courts
with expanded flexibility in dealing with egregious or ongoing violations.
The current set fine has not changed for over ten years. Enforcement staff have reported that
the current set fine has become insufficient to deter offenders and that it is significantly lower
than the set fine amount in neighbouring municipalities. Subject to Council’s direction and any
resulting amendments to Chapter 450 (Noise), staff will be applying to the Minister of the
Attorney General for an increase in the set fine (on the spot ticketing) amount from $100 to
$245, which would align with the City’s set fine under the Public Nuisance By-law. This would
also make Kitchener’s set fine consistent with the fine amount in Cambridge and put it closer to
Waterloo’s higher set fine amount. The increased set fine should also serve as a message of
deterrence that nuisance noise violations are not an acceptable standard of conduct within our
community.
FINANCIAL IMPLICATIONS:
Staff estimate that the increased fine amount may result in an increase in fine revenue of
approximately $5,000. This is obviously dependant upon the number of charges laid and fines
collected at the Regional court administration.
COMMUNICATIONS:
No Corporate Communications required.
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CONCLUSION:
It is staff’s position that the proposed amendments to Chapter 450 (Noise) will increase the
effectiveness of the noise enforcement process.
ACKNOWLEDGED BY: Troy Speck, General Manager of Corporate Services
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