Committee Votes In Favour Of Administration Preparing Proposed Bylaw Updates
Photo By Roxanne Ashe - Virtual Interiors Photography
After receiving 30 responses in their call for public input into proposed changes to the Noise Bylaw and the Building Bylaw the City of Moose Jaw has decided to move forward with drafting proposed changes to both bylaws.
But it was not without some debate, which was at times was highly critical of some of the public motives behind the entire neighbourhood dispute, into the social media outcry which accompanied it.
At Monday evening’s Executive Committee director of planning Michelle Sanson said the concerns expressed ranged from a proposed city wide decibel level limit, impact to business, how regular domestic activities could be impacted, how the vibrancy of the Downtown could be affected and finally some residents stated the current noise bylaw was adequate.
SEE RELATED - City Seeks Input
Proposed changes to the building bylaw received no comments.
“BRIEF SYNOPSIS OF PROPOSED BUILDING BYLAW CHANGES
Proposed changes to the Building Bylaw include provisions where either the commercial or residential premise must install sound insulation. The sound insulation would only be required if they shared a wall or a party wall or where they were flush against one another.
The requirement will be based upon which of the Parties was there first.
If the commercial occupant was there first the onus is on the residential developer to install the sound insulation.
If the residential occupant was there first then the onus is on the commercial developer to install the sound insulation.”
Under proposed changes to the Noise Bylaw it had been proposed that decibel levels be at a certain level over a specified amount of time. The maximum decibel level of noise would be set at 70 decibels from 7 am to 10 pm and 60 decibels from 10 pm to 7 am. With the level measured not at source but inside a living quarters in a mixed commercial and residential district.
Sanson quoted a 2015 report from the Toronto Musical Advisory Council (TMAC) which called for lower decibel levels than those proposed for Moose Jaw.
The TMAC report called for recommended noise levels be at 55 dBa outside at night and at 43 dBa inside a residence at night in a mixed commercial/residential district. The reports recommendation for Toronto at night is lower than the 60 dBa that is being proposed in Moose Jaw.
The TMAC report was written to not only establish acceptable noise levels but also to help arrive at the goal of creating Toronto into a world leading music city. The report called for a move away from subjective to objective measurements of sound by decibel levels to achieve this result.
Read the entire report here - TMAC Report
Sanson said there was nothing restricting the police using other section of the Noise Bylaw to reduce unnecessary and unwarranted noise.
“BRIEF SYNOPSIS OF PROPOSED CHANGES TO THE NOISE BYLAW
There will be a capping of allowable decibel levels of noise measured inside of the dwelling and not at the source.
The duration of the noise must be over 10 minutes in a 30 minute period.
The restrictions will apply only in mixed commercial and residential districts and not expanded to all areas of the city.
The decibel level restrictions will apply where there is a shared common or party wall or the dwelling units and commercial premises are flush against one another.
The proposed changes specifically mention the playing of music or a public address system in a commercial enterprise breaching the decibel level.
Other annoying and disturbing noise can still be reported and enforced under current provisions of the Noise Bylaw which will remain in force.
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“The decibel meter is not necessary to enforce the noise bylaw but is an additional tool,” Sanson said.
She also stated the proposed Noise Bylaw changes were not targeting people from carrying on normal everyday activites such as mowing their lawns, running a roto-tiller or operating a snowblower.
Speaking in favour of the proposed changes Councillor Dawn Luhning said she would like to see some of the Toronto policy incorporated into the proposed changes to the Noise Bylaw because she said “I think it is a good one…it’s a standard for businesses applying for a business license.”
“I’m interested if we can incorporate some of the Toronto policy into ours,” Councillor Luhning stated.
She went on to state changes to the Noise Bylaw were common sense.
“It really is just about being a good neighbour…its issues surrounding multiple hours of high levels of sound in particular decibel levels (which can be disruptive).”
Councillor Luhning stated she would like to see a balance and enacting changes to both bylaws helped accomplish that.
“All I am interested in is businesses can operate within their rights and residents can have their rights,” she said, adding she would like to see the TMAC limits incorporated into the proposed changes to the Noise Bylaw as the 70 decibels and 60 decibels was too high.
The 70 decibels in the hours of 7 am to 10 pm and 60 decibels in the hours of 10 pm to 7 am were taken from Regina’s noise bylaw. It needs to be noted the decibel levels would be what is heard inside the residence and not at the source of the noise.
Councillor Luhning stated she did not want to hinder business from operating in mixed commercial and residential areas but “I do want to make some changes so the same situation does not happen again.”
She went on to criticize some of the news coverage into the zero block of High Street West neighbourhood dispute as not balanced.
“There are two sides to every story and I am disappointed on how both sides of this story was handled…there is a lot more information that hasn’t been reported,” Councillor Luhning claimed.
The neighbourhood dispute was between Dance Fitness With Kyra and residents of the adjacent building which included Canadian rock legend Burton Cummings. Dance Fitness With Kyra moved into an adjacent building after the residents and was located on the second floor at the same level as the residential apartments.
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Councillor Scott McMann expressed disappointment that the decibel levels were not going to be incorporated into the Noise Bylaw to also include residential areas of the city. McMann mentioned noisy parties which residents would have to wait until 11 pm in order to report for being too loud.
City Manager Jim Puffalt said it was a misnomer people had to wait until 11 pm to report loud unwarranted noise and it can be reported at any time.
“If it is bothering people they (the Moose Jaw Police Service) will come and do something about it (you do not have to wait until 11 pm),” Puffalt said.
Councillor Crystl Froese said social media hit both parties in unfair ways.
“Both parties have been villified in ways that haven’t been fair when it is debated on social media,” Councillor Froese stated.
She went on to state she did not want to set up rules which scared business away from the Downtown.
“I don’t want to discourage people from being in our Downtown core but residents need to have a realistic view when they move Downtown,” Councillor Froese stated.
She stated she had lived in the Downtown areas of other centres and the noise was part of the experience of having an active Downtown.
It also needs to be noted Councillor Froese runs a public relations firm which helps with social media image and campaigns. Additionally Councillor Froese is a member of a Downtown business development group.
She did like the proposed changes to the Building Bylaw. Those changes will include the installation of sound proofing in a mixed commercial and residential zone as well as erroring on the side of those who were first there.
Mayor Fraser Tolmie stated the entire media and social media criticisms were part of a plan to take control of public opinion.
“It was an attempt to win the court of public opinion before this came to the actual courts,” Mayor Tolmie stated.
He went on to state “it is time to move on.”
Speaking about the proposed changes to the Building Bylaw Councillor Luhning said she saw them as important.
“I think the soundproofing issue is very important…the onus is on either the resident or the business depending who was there first…the onus is on those occupants if you move into an area you have to soundproof period.”
The changes to the Building Bylaw would require the installation of soundproofing in mixed commerical and residential buildings where there was adjoining walls.
At a previous meeting Puffalt had stated anyone can make as much noise as they chose to so long as the soundproofing prevents the noise from escaping and being a nusance and annoying at a higher volume for adjacent businesses and residents.
Councillor Heather Eby stated she was not taking sides in the dispute going on to state “I am not sure any bylaw in any way shape or form could have prevented it from happening.”
“I honestly wonder if we are not opening up a can of worms if we go down this road,” Councillor Eby stated although she indicated she was supportive of the proposed changes.
Councillor Chris Warren responded to earlier comments by Councillor Froese likening the noise restrictions to running a vacuum cleaner or a refrigerator stating those were misnomers. He said it was not about the noise at source but rather what was heard inside your neighbour’s home.
“This is not about vacuuming your home…this is about plugging your vacuum into the neighbour’s home (and making the noise in their home),” Councillor Warren stated.
In the end Executive Committee voted in favour of a uniform time limit for less noise - 10 am to 7 pm - as well as approving Administration to prepare proposed changes to the two bylaws.
Any changes to both bylaws must first be read three times at a public meeting of City Council to become enacted.