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HomeMy WebLinkAboutCSD-16-017 - Noise Exemption Request - Ever After Music Fest - Bingemans REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: May 2, 2016 SUBMITTED BY: Gloria MacNeil, Interim Director of By-law Enforcement, 519-741- 2200, ext. 7952 PREPARED BY: Gloria MacNeil, Interim Director of By-law Enforcement, 519-741- 2200, ext. 7952 WARD(S) INVOLVED: 1 DATE OF REPORT: April 14, 2016 REPORT NO.: CSD-16-017 SUBJECT: NOISE EXEMPTION REQUEST EVER AFTER MUSIC FEST - BINGEMANS ___________________________________________________________________ RECOMMENDATION: That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted for the Ever After Music Fest, to be held at Bingemans Center on June th 3, 4 and 5, 2016, between the hours of 11AM and 11:00 PM, each day.This exemption is subject to the following conditions, which, if not complied with, will render the noise exemption null and void: a) There shall be no offensive language, in the opinion of City staff, generated from this music festival, audible in any adjacent residential neighbourhood. b) The event organizers will ensure that there is an on-site contact person accessible to correspond with City staff at all times during the event; and c) The event organizers agree to respond accordingly to requests from City staff, during the event, in order to address community concerns that may arise with regard to the impact of noise heard within adjacent residential areas. d) The event organizer will be responsible for the cost of a paid-duty Noise Officer, to be assigned specifically to this event which shall be paid in full prior to the Council date of May 16, 2016. e) The maximum decibel level (dba) audible at a point measured at 100 meters in direct line of sight from the music source, shall not exceed 65 dba. BACKGROUND: An event, known as the Ever After Music Fest, is scheduled to be held at Bingemans Center, at 425 Bingemans Center Drive, on Friday June 3, Saturday June 4 and Sunday June 5, 2016, between the hours of 11AM and 11:00 PM, each day. The event consists ll be held in an outdoor venue *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 6 - 1 on the property. As such, the event organizers have requested an exemption from the - REPORT: The event organizers have indicated the potential attendance to be approximately rd 10,000 people on Friday June 3andbetween 25,000 - 30,000 people each day on thth Saturday June 4 and Sunday June 5. Attached is a site plan indicating the event venue. Organizers have made a number of changes this year in an effort to mitigate the noise, they have: Reduced the number of stages from two (last year) to only one stage this year. The direction of the stage has been situated so that it is directed (facing) North East where the sound will travel through a large wooded and industrial area out towards the city limits. There are no residential neighborhoods in the direction of where the music will travel. Thus, it is anticipated that the direction of the stage will reduce the impact of the noise in the residential area on the opposite side (east) of Victoria Street. The event organizers report that they have engaged an industry leading acoustical engineering company to manage the sound system. As part of the design for this years sound system they have, implemented delay repeater they have angled the main line array downwards so the sound is thrown on top and downward toward the crowd; and they have directed the stage speakers at an inward angle to reduce the umbrella of sound and concentrate it down the centre of the direction of the stage. It has been indicated to staff that the company will be using the quality of equipment similar to what was used at Big Music Fest, which will enable them to provide directional sound in order to the nature of this type of event, with recorded music, often results in the significant use of low bass tones which are often difficult to contain and can be detected at a distance. Staff advise that previous outdoor events held at this site, also involving the playing of recorded music, have generated complaints from a variety of neighbourhoods. These complaints related to the volume of the music as well as, in some cases, offensive language being clearly audible. Further, there does not appear to be any consistency in determining which areas, outside of the Bingemans venue, may be impacted by the music. Past experiences have shown that the impacts vary, as concerns have been received from the residential areas on the opposite side of Victoria Street to the Kiwanis Park area to the north of the venue. Staff responded to approximately 57 complaints over the two day event last year, some of the complaints received were related to Sunday being a school/work night and the event being exempt until 11pm. Given our experience staff are suggesting that any exemption approved by Council be subject to conditions that are designed to help mitigate the impact of the music in residential areas. The conditions relate to the potential for offensive language and the ability for staff to work with event organizers, at 6 - 2 the time, to address concerns raised from the community and to have a paid duty Noise Officer assigned to this event, in order to monitor noise levels. Staff have worked with an acoustical engineering company to develop pre-determined decibel level limits, that have been applied at a previous these levels were successful and reduced the number of complaints from residents substantially. Weather conditions (ie. humidity, wind direction and speeds) can also play a significant role in where noise is detected, despite the best efforts made to direct and/or limit music volumes. As a result, it is important that the event organizers commit to continual contact with City staff, during the event, to make all reasonable efforts to address concerns that arise. It should be noted that, should the noise exemption not be approved, and assuming the event still proceeds, the event organizers may be subject to legal action pursuant to Chapter 450 (Noise) if or when complaints are received and City staff are able to determine sufficient evidence exists to substantiate a violation of the Chapter.The maximum fine that can be imposed by the courts if convicted under the Provincial Offences Act is $10,000 for each offence. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: This request supports the Community Priority Quality of Plan. FINANCIAL IMPLICATIONS: N/A COMMUNITY ENGAGEMENT: The event organizers are responsible for ensuring that this event is communicated throughout the community in advance of the event. ACKNOWLEDGED BY: Michael May, Deputy CAO, Community Services Department Encl. 6 - 3 6 - 4