Loading...
HomeMy WebLinkAboutCSD-17-014 - Delegated Authority for Small-Scale Noise Exemptions REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: April 3, 2017 SUBMITTED BY: Gloria MacNeil,Director of Enforcement (519-741-2200, ext. 7952) PREPARED BY: Gloria MacNeil,Director of Enforcement (519-741-2200, ext. 7952) WARD(S) INVOLVED: Ward(s) All DATE OF REPORT: March 9, 2017 REPORT NO.: CSD-17-014 SUBJECT: DELEGATED AUTHORITY FOR SMALL-SCALE NOISE EXEMPTIONS ___________________________________________________________________ RECOMMENDATION: That Council delegate authority to Bylaw Enforcement staff to provide noise exemptions for small private events or public neighbourhood events. BACKGROUND: As part of Neighbourhood Strategy, residents asked staff to look for ways to reduce municipal barriers neighbourhoods, including organizing neighbourhood events. To that end, a series of meetings with municipal staff, community partners and residents were organized to specifically identify municipal barriers that are currently creating challenges for residents trying to do things in their neighbourhoods. Through those consultations, the current process for obtaining a noise exemption for small scale events was identified as a priority to review.The type of events that would be considered are neighbouarties, backyard weddings, etc. REPORT: Currently a noise exemption can only be approved by City Council, regardless of the size and nature of an event. In the past five years, Council has not turned down a noise exemption for small-scale events that would be captured through this delegated authority. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 15 - 1 The current requirement for Council to approve all noise exemptions creates the following challenges for volunteers and staff: approval, residents are required to submit their information to Bylaw staff a minimum of 8 weeks prior to their event taking experience that many small-scale events are often unable to meet this deadline. Through the Neighbourhood Strategy consultations, staff was also made aware that requiring Council approval of a noise exemption can be intimidating for volunteers trying to organize small-scale events. These challenges do result in some events not happening in neighbourhoods, which is contrary to the Neighbourhood Strategy goal of making it easier for residents to organize neighbourhood events that bring neighbours together. On average Bylaw staff can spend approximately 3 hours on a single individual noise exemption application for small-scale events. This includes working with the applicant to confirm details of the event, searching the history to see if there have been prior events and/or prior noise complaints, writing, editing and getting approval for the staff report, working with Clerks Staff, attending Council meetings, etc. Staff believe this time could be better utilized. The following information is currently required for all noise exemptions and will continue to be required regardless of the size of the event: Date, time and type of event name and telephone number for the event How many people are expected to attend the event Is the event open to anyone, or by invitation only Type of noise? Eg. Music, loudspeaker, amplified sound etc.. Diagram of setup if possible to determine where sound will be projected Will residents in the area be contacted to inform them of the noise? How? What measure will be taken to limit the amount of noise? In order to reduce staff time spent on these small-scale noise exemptions, and to make the process easier for volunteers looking to organize an event in their neighbourhood, staff are recommending a stream-lined approval process. The new process would require volunteers to submit a simple application to Bylaw staff identifying the information as outlined above. Staff would then research the event to ensure there was no history of noise concerns from previous events. If there are no previous concerns, the noise exemption would be granted by the Bylaw staff. The Mayor and area Councillor would be notified in advance of any events within their ward. Small-scale event organizers would still be bound by the same requirements that are currently used, such as no noise past 11pm and would have to advise surrounding neighbours of the event in advance of it taking place. The only change staff is 15 - 2 recommending to the process is to eliminate the final step of requiring Council approval for these types of small events. Other municipalities such as Waterloo, Mississauga and Ottawa currently issue noise exemptions through their staff, without requiring Council approval. It is important to stress that this delegated authority would be for small-scale events only and not large community events. All major events such as musical festivals, or any event that is advertised and holds an invitation to the general public, will still require a formal noise exemption and will continue to follow the current noise exemption process that goes through Council for approval. 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, it also supports Recommendation #15 of the for grantingnoise exemptions for small-scale events to make it easier for volunteers organizing neighbourhood events. FINANCIAL IMPLICATIONS: N/A COMMUNITY ENGAGEMENT: Extensive community engagement was completed in 2016 as part of the development of Neighbourhood Strategy (see Staff Report CSD-17-008). Residents were very clear that they want to plan and host more small-scale, neighbourhood events, in order to strengthen relationships among neighbours. Further, they identified the current process for getting noise exemptions as a complicated and time-consuming barrier that they would like simplified. PREVIOUS CONSIDERATION OF THIS MATTER: -17-008) specifically identifies the need to review exemptions for small-scale events to make it easier for volunteer organizing neighbourhood events. ACKNOWLEDGED BY:Michael May, Deputy CAO, Community Services Department 15 - 3