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HomeMy WebLinkAboutCSD-17-080 - Frosh Circus Noise ExemptionStaff Report iTC f I N R Coti1mC1nity"Services Department w kitchenerca REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: August 28, 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: August 21, 2017 REPORT NO.: CSD- 17-080 SUBJECT: NOISE EXEMPTION REQUEST — FROSH CIRCUS — BINGEMANS RECOMMENDATION: That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the organizers of the Frosh Circus event to be held at Bingeman's, on Friday September 8, 2017, between the hours of 2:30pm and 11 PM. 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. 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; b) The event organizer will be responsible for the cost of a pay -duty Noise Officer, to be assigned specifically to this event; 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; and d) The maximum decibel level (dba) audible from a residential area shall not exceed 65 dba. BACKGROUND: The event on Friday September 8, 2017 will be an all ages event with a 19 years of age or older licensed section. It will include the playing of electronic dance music by several *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. different DJ's. As such, they are requesting an exemption from Chapter 450 (Noise) of the City's Municipal Code. REPORT: The outdoor music will be provided by a series of DJ's playing at alternating times. There will be one stage and it will be located in the lower area of Bingeman's and will be directed to the East. Staff worked with the event organizers a couple of years ago in an effort to mitigate sound output and complaints that had been received previously. The sound dispersion model we established was successful and it is our recommendation that we continue to permit a maximum decibel level of 65dba, in a residential area for this event. In 2014, prior to the implementation of setting a maximum sound level in a residential zone, we received 16 complaints for this event; in 2015 with a maximum level of 65dba and a dedicated Noise Officer who proactively monitored the sound levels throughout the event, we received a total of 3 complaints over a 2 day period and in 2016 we received no complaints for the one day event. It should be noted that weather conditions can play a role with regard to sound dispersion. At this point it is difficult to predict the impact of weather during the event, however it will be closely monitored during the event. Staff and the event organizers will conduct sound testing the day before or the morning of the event to ensure that the equipment is set to produce the appropriate output to be able to conform to the prescribed dba level. The By-law Enforcement Division will again be assigning a Noise Officer to monitor this event. The event organizers will ensure that there is an on-site contact available during the event who will be available to By-law Enforcement staff, if required, to address any concerns raised. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the City's 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 10 hours will be approximately $300. This cost will be invoiced to the event organizer. COMMUNITY ENGAGEMENT: In addition to a social campaign, the organizers are also 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