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HomeMy WebLinkAboutCSD-11-007 - Special Events and Noise Exemptions in Victoria ParkREPORT TO:Community and Infrastructure Services Committee DATE OF MEETING: March 21, 2011 SUBMITTED BY: Jeff Willmer, Deputy CAO, Community Services Department, Ext 2325 PREPARED BY: Shayne Turner, Director of By-law Enforcement, Ext 2753 WARD(S) INVOLVED: 9 DATE OF REPORT: March 9, 2011 REPORT NO.: CSD-11-007 SUBJECT: Special Events and Noise Exemptions in Victoria Park RECOMMENDATION: That the process relating to the approval of special events and noise exemptions in Victoria Park, as outlined in Report No. CSD-11-007 be approved. BACKGROUND: Victoria Park is used extensively for events throughout each year, typically from May to October. These events include those that are listed as Special Events, as coordinated by Community Services staff, and independent events requested and organized by individuals or groups. From time to time, concerns are raised with respect to the amount of noise being generated by the events, either by amplified music, public speaking, etc.. As a result of these concerns, staff from Community Services have initiated a review of the processes to approve events in the Park, in conjunction with the Victoria Park Working Group (VPWG). The VPWG consists of City staff and representatives from the neighbourhood surrounding the Park. REPORT: During the review and meetings with staff and the VPWG, it was identified that the various events that take place in Victoria Park can be categorized into 3 groupings: é ó ï - Special Events that are coordinated by City staff and are identified annually in a report that is presented to Council; - Independent event organizers who request permission to hold an event in the Park, sometimes requiring a noise exemption; and - Those events that take place without the knowledge of City staff. The Special Events report that is considered annually by Council identifies those events that will include some degree of amplified sound. As a result, those events are granted an exemption to the City’s Noise By-law (Chapter 450 of the Municipal Code). It is up to independent event organizers to contact the appropriate City staff to obtain any required approvals prior to holding an event in the Park. With respect to noise exemptions, staff indicate that there were 2 independent events in 2010 that received such exemptions. In addition to the simple accumulation of events that create noise generally in the park, the VPWG also identified that the use of amplified sound in the bandstand area on Roos Island is a significant concern as a result of the effect of the noise being projected across the water into the surrounding neighbourhood. The review and discussions with the VPWG have resulted in the following processes being proposed for events in Victoria Park for 2011: - The annual events typically listed on the Special Events report considered by Council will continue to be listed, indicating those that will require an exemption to the Noise By-law. The staff report will be recommending to Council that such exemptions be granted; - No amplified sound will be allowed on Roos Island except for wedding or similar ceremonies that will be short in duration. Also excepted from this requirement, for 2011 only, will be the Multi-Cultural Festival and Tri-Pride Day events. These 2 are large events, typically held on the Island. Thus, they will require some time to transition to another location, likely elsewhere in the Park. As such, staff are working with the organizers of these events throughout 2011, to transition them to an alternative location for 2012; - Any event involving the use of the bandstand, including any events listed on the Special Events Report, will require a permit from Community Services, at a nominal fee. This requirement relates to the need for staff resources; - Any individual or group expressing an interest in holding an event in the Park (other than the island) will be directed to Community Services staff who will scrutinize the request. If the requestor indicates that their event will involve amplified sound, they will be required to obtain a permit from Community Services. This permit will indicate é ó î to the permit holder that they must comply with the City’s Noise By-law. No noise exemption applications will be processed; and - Any individual or group requiring the assistance of City staff for any activity or event will be required to obtain a permit, with the appropriate charges applying. The most significant change in the proposed recommendations listed above, over previous years, is that staff will not process noise exemption applications for approval by Council, except for those listed on the Special Events report. Having said this, a group or individual is free to choose to appear before Council as a delegation to request any form of noise exemption. Council direction would then be based on the circumstances of the event, as presented by any such delegation. As in past years, communications will be distributed to the residents in the vicinity of the Park, identifying the events taking place in the Park, along with the appropriate contact information if the residents wish to obtain further information. This information will indicate which events have received noise exemptions and will also include information relating to the process to lodge a complaint with regard to any activity in the Park. If a complaint is received relating to noise resulting from an event, By-law Enforcement staff’s response will be dependent upon the circumstances of the event. If the event is a Special Event, the complainant will be advised that the event has been exempted by Council from the Noise By-law. Having said this, any concerns identified with the Special Event, noise or otherwise, will be considered in terms of planning for future events. However, if the event is an independent event, regardless of whether they have obtained a permit from Community Services or not, they will be required to comply with the City’s Noise By- law, and staff will require that they take the necessary action to do so. In the event that the organizers do not take the required actions to comply, staff will have the option of initiating a prosecution pursuant to the By-law. Staff will monitor all implications relating to the implementation of the proposed recommendations throughout 2011. In the event that further adjustments are required, staff will report back to Council prior to the 2012 Special Events season. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The review and recommendations outlined in this report align with the City’s Community Priorities of Quality of Life, Leadership and Engagement and Dynamic Downtown, as outlined in the Kitchener Strategic Plan. é ó í FINANCIAL IMPLICATIONS: N/A COMMUNITY ENGAGEMENT: Staff have worked with the Victoria Park Working Group, which includes various representatives from the neighbourhood adjacent to the Park, in developing the proposed recommendations. The group has reviewed this report and is in agreement with the recommendations. ACKNOWLEDGED BY: Jeff Willmer, Deputy CAO, Community Services Department é ó ì