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HomeMy WebLinkAboutCSD-17-027 - Noise Exemption - Ever After Music Festival REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: April 3, 2017 SUBMITTED BY: Gloria MacNeil, Director of By-law Enforcement, 519-741-2200, ext. 7952 PREPARED BY: Gloria MacNeil, Director of By-law Enforcement, 519-741-2200, ext. 7952 WARD(S) INVOLVED: 1 DATE OF REPORT: March 13, 2017 REPORT NO.: CSD-17-027 SUBJECT: NOISE EXEMPTION REQUEST EVER AFTER MUSIC FESTIVAL BINGEMANS JUNE 2, 3, 4, 2017 ___________________________________________________________________ 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 2,3and 4, 2017, 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 maximum decibel level (dba) audible from a residential area shall not exceed 65 dba. e) 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 April 17, 2017. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 12 - 1 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 2, Saturday June 3 and Sunday June 3, 2017, between the hours of 11AM and 11:00 PM, each day. The event consists of a 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 25,000 people each day of the event. Event organizers have engaged the appropriate agencies relative to an event of this magnitude to ensure the safety and well-being of event patrons. Attached is a site plan indicating the event venue. Organizers made a number of changes for last yearin an effort to mitigate the noise, the same setup will be implemented this year, however they have added two smaller stages.Thsetup will be as follows: There will be a total of 3 stages The main stage will host International Acts and 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. This was the same direction that the stage was set up last year, which greatly reduced the impact of the noise in the residential area on the opposite side (east) of Victoria Street. The second stage known as B Stage will host only Canadian Acts and will face in the same direction as the main stage The third stage known as C Stage will host Ontario Local Acts and will be directed towards the river, the PA system for this stage will be insignificant in comparison to the others The event organizers report that they have engaged an industry leading acoustical engineering company to manage the sound system. As part of the hey have, 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. The quality of equipment will enable them to provide directional sound in said this, 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. The changes implemented last year were successful, in 2015 we received 57 complaints and the sound level was extremely loud. In 2016, we received a total of 7 complaints related to the music over the weekend in the Kitchener area,the average 12 - 2 noise readings ranged between 50 and 58dBA which were well within the permitted decibal levels as approved by Council. 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 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, these were put in place for all of the events held at Bingemans last year, they 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. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: It is anticipated that the cost of a paid duty Noise Officer, for a period of 34 hours will be approximately $1200.This cost will be billed to the event organizer. 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. 12 - 3 12 - 4