HomeMy WebLinkAboutCRPS-09-026 - Conditions for Noise Exemptions - Victoria Park
REPORT
REPORT TO:
Finance and Corporate Services Committee
DATE OF MEETING: April 20, 2009
SUBMITTED BY:
Troy Speck, General Manager of Corporate Services
PREPARED BY:
Shayne Turner, Director of By-law Enforcement
WARD(S) INVOLVED:
West - Victoria Park
DATE OF REPORT:
April 14, 2009
REPORT NO.: CRPS-09-026
SUBJECT: CONDITIONS FOR NOISE EXEMPTIONS - VICTORIA PARK
RECOMMENDATION:
That staff be directed to follow the process identified in Report No. CRPS-09-026, with regard to
processing requests for exemptions to Chapter 450 (Noise) of the City of Kitchener Municipal
Code, relating to events being held in Victoria Park and the immediate vicinity.
BACKGROUND:
At the request of Councillor Christina Weylie, Council requested staff investigate the issue of
placing conditions on noise exemption approvals for events being held in Victoria Park. There
have been several events in the recent past that give rise to this request. This report outlines
some options available when staff are processing a noise exemption request for Council’s
approval.
REPORT:
During the staff (By-law Enforcement and Community Services) review, several meetings and
discussions took place with the Victoria Park Working Group (VPWG), a group of community
members and staff, coordinated by the Community Services Department. The working group
were a valuable source of input and offered a perspective that helped to validate several of
staff’s opinions on how to address the review.
It is clear that there are more special events held in Victoria Park, resulting in exemption
requests to the Noise By-law, than any other single venue in the City. The vast majority of
events, those typically that are identified as annual events, have not resulted in any major
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concerns with respect to noise. Typically, those annual ‘special events” are recognized and
welcomed as part of the City’s special events and community programming.
Based on staff’s review and discussions with the VPWG, it would appear as though the majority
of concerns regarding excessive noise during events in the park relate to events that are
singular in nature, whereby staff have little history to go on, in terms of assessing the potential
impact. Such events have included bands with greatly amplified sound that go on for several
hours.
As such, staff are proposing to address the concerns raised by focusing on these types of
concerns. Again, those events identified on the “special events” list have typically not been an
issue.
In order to adequately deal with a concern that arises during an event that has been granted an
exemption, the most optimum approach is to impose conditions on the exemption at the time of
approval. Failure to comply with the conditions could render the exemption null and void.
The following is an outline of the process that staff are proposing to follow, including some
potential conditions, when they receive a request for an exemption to the noise by-law, for an
event in Victoria Park where the logistics of the event could create the potential for excessive
noise problems (ie. greatly amplified sound for an extended period of time):
1. A pre-screening meeting will be held with event organizers prior to the report going
forward to Council. The purpose of the meeting will be to clearly identify the nature of
the event, communicate to the event organizers of the need to ensure there is no
adverse impact on the neighbourhood, establish contact persons who may be called
upon during the event and discuss the potential implications if conditions are not
adhered to;
2. The organizers will be required to provide proof that the adjacent neighbourhood has
been notified of the event, prior to the event date. Such notification will have the
appropriate contact information should the residents wish to make an inquiry prior to, or
during the event;
3. A limit will be placed on the length of time that the amplified sound can be emitted (ie.
concerts). The length of time would typically be no more than 2 hours, but may vary
depending on the nature of the event and the approval granted by Council;
4. Wherever possible, a decibel level may be imposed on the approval. It must be
understood that taking and interpreting decibel readings in a concert type setting can
prove difficult. The maximum decibel level allowable will have to be determined on an
event by event basis, factoring in the comparables that By-law Enforcement staff
determine based on the source of the noise.
5. Event organizers will be required to provide contact information for an on-site person in
authority that can be contacted by Enforcement staff during the event if need be.
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The members of the VPWG were provided with an opportunity to review this report and have
indicated their general support for this approach.
It should be noted that this issue can be viewed as a work in progress, and if further concerns
are identified in the future, the process for reviewing these noise exemption requests, and
related conditions, can be revised accordingly.
FINANCIAL IMPLICATIONS:
None identified at this time.
COMMUNICATIONS:
No Corporate Communications required. The Victoria Park Working Group has been provided
an opportunity to review and comment on the report.
CONCLUSION:
Staff feel the approach identified in this report, to scrutinize noise exemption requests for events
in Victoria Park and impose appropriate conditions, will serve to reduce the number of concerns
raised by area residents with respect to those events where amplified sound has the potential to
create excessive noise concerns.
ACKNOWLEDGED BY:
Troy Speck, General Manager of Corporate Services
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