CITY OF HAMILTON€¦ · City of Stoney Creek Noise By-law 676-78, as amended; Town of Dundas Noise...

CITY WIDEIMPLICATIONS

CITY OF HAMILTONPLANNING AND DEVELOPMENT DEPARTMENT

Building and Licensing Division

Report to: Mayor and MembersCommittee of the Whole

Submitted by: Lee Ann CoveyduckGeneral Manager

Date: September 13, 2002 Prepared by: Randy Charlton905 – 643 –1262 x314

SUBJECT: Noise By-law (PD02166) (City Wide)

RECOMMENDATION:

(a) That the Noise Control By-law attached to Report PD02166 be approved;

(b) That the Noise Pollution Control Publications, attached as Schedule 1 to By-lawNo. as provided by the Ministry of the Environment setting quantitative noiselevels be adopted;

(c) That any application lodged for an exemption to the Noise Control By-law besubmitted with a non-refundable fee of $500 as per the Fees By-law;

(d) That staff be authorized to apply to the Ministry of Attorney General for theapproval of short form wording in order to implement a set fine ticket systempursuant to Part 1 of the Provincial Offences Act;

(e) That Schedule 2, attached to By-law No. , a map identifying an area ofindustrial significance be approved. This map includes an area where theacoustical environment is dominated by industrial sounds;

(f) That the area identified as of industrial significance be exempted from thequalitative and quantitative aspects of the Noise Control By-law, when the sourceof sound is an industrial use;

(g) That Section 12 of the proposed By-law exempting an Industrial Area from thequalitative aspect of the Noise Control By-law be approved;

(h) That the use of any electronic device or group of connected electronic devicesincorporating one or more loudspeakers or other electro-mechanical transducers,and intended for the production, reproduction or amplification of sound outdoorsbe prohibited between 11:00 p.m. and 7:00 a.m. of the next day be approved;

SUBJECT: Noise By-law (PD02166) (City Wide) - of 10

(i) That the following Noise By-laws of each municipality be repealed:City of Hamilton Noise By-law 79-292, as amended;City of Stoney Creek Noise By-law 676-78, as amended;Town of Dundas Noise By-law 3080-79 and 3055-78, as amended;Town of Ancaster Noise By-law 89-109, as amended;Town of Flamborough Noise By-law 89-164-N, as amended; and,Township of Glanbrook Noise By-law 490-93, as amended.

(j) That any order issued, or proceeding, conducted under the City of Hamilton By-law 79-292 as amended, The City of Stoney Creek By-law 676-78, as amended,The Town of Ancaster By-law 89-109, as amended, The Town of Dundas By-law3080-79 and 3055-78, as amended, The Town of Flamborough By-law 89-164-N,as amended and the Township of Glanbrook By-law 490-93, as amended, bedeemed to continue under the new Noise Control By-law.

(k) That By-law No. will be in effect on the date of approval by the Minister ofEnvironment.

Lee Ann CoveyduckGeneral ManagerPlanning and Development Department

EXECUTIVE SUMMARY:

The proposed By-law evolves from the former City of Hamilton’s Noise Control By-lawproviding for some necessary regulatory changes and a significant formatting overhaul.The proposed By-law is a recommendation for a qualitative and quantitative approach tonoise controls and drawing the authority for the by-law from both the EnvironmentalProtection Act and The Municipal Act.

Industrial Aspect

The proposed By-law recognizes an area of industrial significance existing in the formerCity of Hamilton Noise Control By-law and expands upon this exemption area east toWinona Road, Barton Street north to the Queen Elizabeth Way. This exemption areaalso includes an area all along the south side of Barton Street (Wellington Street toWinona Road). Within this area the qualitative and quantitative regulations do not applywhere the source of sound is an industrial use. After some consultation with industry itwas concluded that for industry to respond in the best interests of the acousticalenvironment to which they operate, qualitative noise regulations not apply where thesource of the sound is an industrial area (zone), this regulates industry outside theexemption area.


Commercial/Residential

The production, reproduction or amplification of sound (stereos, speakers and bands)will not be permitted outdoors between 11:00 p.m. and 7:00 a.m. of the following day.Otherwise the production, reproduction or amplification of sound regardless of whetherthe sound originates indoors or outdoors is not permitted at any time when the sound isclearly audible at a point of reception.

Special Events

Any activity that is lawfully carried on pursuant to a Special Event Permit issued by theCity of Hamilton shall not create sound.

• Before 11:00 a.m. and shall end at 12:00 midnight on all days of the week, exceptSunday, when the sound shall not begin before 12:00 noon and shall end at 10:00p.m.

• Exceeding 90 dba measured 10 metres from the source of sound.

Agricultural

The Noise By-law does not apply to a normal farm practice carried on as part of anagricultural operation under the Farming and Food Production Protection Act 1998, S.O.1998, c-1.

Airport

The jurisdiction over noise emanating from the airport itself, or from planes flying,landing or taking off, is entirely a matter of Federal law.

Exemptions and Exemption Process

Staff has identified specific activities that are to be exempted from the regulationsproposed in the Noise Control By-law. Built into the proposed Noise Control By-law isan exemption process, which may be used to exempt activities from regulations withinthe by-law.

BACKGROUND:

The Ministry of the Environment has for the past number of years slowly backed awayfrom enforcing Noise Pollution Control standards in the Environment Protection Act,placing responsibility on the municipality to respond to noise complaints historicallyhandled by the Ministry of the Environment. The Ministry of the Environment places aheavy onus on the municipality to ensure land uses are complementary.

A review of the area municipalities existing Noise By-laws identified 3 basic approachesto Noise Control By-laws. The City of Stoney Creek, Town of Dundas, Town of


Flamborough had qualitative Noise By-laws drawing the authority for their by-laws fromthe Municipal Act. The Town of Ancaster and Township of Glandbrook had a qualitativeand limited quantitative Noise Control By-law drawing the authority for their by-lawsfrom the Municipal Act. The City of Hamilton had a quantitative and qualitative NoiseControl By-law drawing the authority for the by-law from the Environmental ProtectionAct and modelling itself after the Model Municipal Noise Control By-law drafted by theMinistry of the Environment in 1978.

The proposed By-law evolves from the former City of Hamilton’s Noise Control By-lawproviding for some necessary regulatory changes and a significant formatting overhaul.The proposed By-law is a qualitative and quantitative approach to noise controlsregulating and drawing the authority for the by-law from both the EnvironmentalProtection Act and the Municipal Act.

A quantitative approach represents a significant change in noise regulation for theformer municipalities of Stoney Creek, Glanbrook, Ancaster, Dundas and Flamborough.A quantitative by-law approach provides for actual noise level measurements, which arefound in various Noise Pollution Control Publications (NPCs) published by the Ministryof the Environment. NPCs set out procedures to quantitatively determine an ambientsound level, which may include, depending on the area under study, an acousticalenvironment where the background noise is dominated either by, the urban hum ornatural environment with infrequent human activity. The ambient sound level thenbecomes a marker for determining if there is a violation of the by-law. The ambientsound level is expressed as a decibel (dBa). Noise Pollution Control Publications(NPCs) may also in some cases set a decibel limit to a source of sound at a point ofreception regardless of the ambient sound level. The By-law proposes adoption of thefollowing Noise Pollution Control Publications (NPCs):

Publication - N.P.C. 101 – Technical Definitions

Publication - N.P.C. 102 –Instrumentation

Publication - N.P.C. 103 –Procedures

Publication - N.P.C. 104 –Sound Level Adjustments

Publication - N.P.C. 115 –Construction Equipment

Publication - N.P.C. 118 –Motorised Conveyances

Publication - N.P.C. 119 –Blasting

Publication - N.P.C. 205 –Stationary Sources (Urban) – Classes I and IIPublication - N.P.C. 206 –Sound Levels of Road Traffic (method to establish “urban hum”)

Publication - N.P.C. 216 –Residential Air Conditioners

Publication – N.P.C. 232 – Stationary Sources (Rural) – Class III


• Publication - N.P.C 232 provides for a specific decibel limit for gun clubs at 70dba if in operation before Jan 1, 1980 and quarries at 45 dba between 700hrsand 1900hrs, 40 dba between 1900hrs and 700hrs.

Industrial

The present City of Hamilton Noise Control By-law provides for an exemption area fromWellington Street to the former easterly City limits, and from Barton Street north toHamilton Harbour. The proposed by-law recognizes this area of industrial significanceand expands the exemption area easterly to Winona Road, and from Barton Streetnorth to the Queen Elizabeth Way. This exemption area also includes an area all alongthe south side of Barton Street (Wellington Street to Winona Road). These lands areincluded in the exemption area because of their proximity to the industrial area. Thisacoustical environment is so dominated by industrial sounds that these lands actuallyform part of the industrial area. A map detailing this area of industrial significance hasbeen attached to this report as Schedule 2. Specifically, the qualitative and quantitativeregulations within this area identified as of industrial significance do not apply where thesource of sound is an industrial use.

A new regulator section has been included into the proposed by-law and effects allareas of the new City of Hamilton. The regulation would propose that all industrialproperties outside the area identified as of industrial significance be regulated by aquantitative mechanism only. After some consultation with industry it was concludedthat for industry to respond in the best interests of the acoustical environment to whichthey operate, qualitative noise regulations not apply where the source of the sound is anindustrial area (zone).

Commercial/Residential

Another section new to all areas of the City of Hamilton is the proposed regulation that“No person shall emit or cause or permit the emission of sound resulting from the useof, any electronic device or group of connected electronic devices incorporating one ormore loudspeakers, or other electro-mechanical transducers, and intended for theproduction, reproduction or amplification of sound outdoors between 11:00 p.m. and7:00 a.m. of the following day.” This section is intended to control outdoor patios andbackyard parties without having to rely on either a qualitative or quantitative method.

Special Events

The new City of Hamilton continues to draw more Special Events to the city each year.Therefore, the proposed by-law in Section 11 outlines the noise regulations fororganizers and organizations where the event has been issued a Special Events Permit.Section 11 of the proposed by-law states:

Any activity that is lawfully carried on pursuant to a Special Event Permit issued by theCity subject to any conditions imposed as a condition of the Special Event Permit andsubject to the following conditions (where there is a conflict between a conditionimposed under the Special Event Permit and here, the condition imposed under theSpecial Event Permit shall prevail):


a) A breach of any of the conditions imposed by this Section shall nullify the exemptiongranted by this Section;

b) A Municipal Law Enforcement Officer shall monitor the activity, at the expense of theSpecial Event Permit Holder, if deemed appropriate by the Manager of Licensing andStandards, or his/her designate;

c) Any sound created by the activity shall not begin before 11:00 a.m. and shall end at12:00 midnight on all days of the week, except Sunday, when the sound shall notbegin before 12:00 noon and shall end at 10:00 p.m.; and,

d) Any sound created by the activity shall not exceedOptions1) 90 dba to be determined 10 metres from the Source of Sound.2) 90 dba to be determined 30.5 meters from the Source of Sound. City of London3) 95 dba to be determined 30.5 meters from the Source of Sound. City of Windsor.

Special Events ExampleExample 1Bay Front Park

Option 1 10m from source ofsound90dba

To nearest residence57dBa

Ambient noise Level70.5dBa

Option 2 30.5m from source ofsound90dba

To nearest residence66.6dba


Option 3 30.5m from source ofsound95dba

To nearest residence71.6dba


Example 2Hess Village

Option 1 10mfrom sound stage90dba

11th Floor ApartmentJackson Street65.5dba

Ambient noise Level

unable to obtainOption 2 30.5m

from source of sound90dba

11th Floor ApartmentJackson Street76dba

Ambient noise Level

unable to obtainOption 3 30.5m

from source of sound95dba

11th Floor ApartmentJackson Street81dba

Ambient noise Level

unable to obtain


Agricultural

The Noise By-law does not apply to a normal farm practice carried on as part of anagricultural operation under the Farming and Food Production Protection Act 1998, S.O.1998, c-1.

Airport

The jurisdiction over noise originating from the airport itself, or from planes flying,landing or taking off, is entirely a matter of federal law. Neither provincial law ormunicipal by-law has any control. There are regulations dealing with the nature andextent of noise, which are enforced by the Ministry of Transportation (Canada). There isan obligation as well, with the managers of the airport to address noise issues.Complaints are referred to the management of the airport and for enforcement arereferred to the Federal Ministry of Transportation:

Regional Manager, Aerodrome Safety Ontario Region4900 Yonge Street, Suite 300Willowdale, OntarioM2N 6A5Phone: 416 952 0248Fax: 416 952 0050

Exemptions and Exemption Process

Staff has identified specific activities that are to be exempted from the regulationsproposed in the Noise Control By-law:

a) Operation of Authorized Emergency Vehicles;b) Any activity carried on at Ivor Wynne Stadium;c) Undertaking emergency measures for the immediate health, safety or welfare of

any person or the preservation or restoration of property;d) Operation of machines or equipment by or on behalf of the City for emergency

purposes;e) Operation of bells utilized as traffic control devices including bells at traffic signal

locations and bells at railway crossings;f) Operation of snow removal equipment while in the operation of snow removal;

and,g) Operations associated with agriculture.

Built into the proposed Noise Control By-law is an exemption process, which may beused by anyone wishing to apply for an exemption from regulations. The processpermits Council to examine and consider if an activity should be exempted from the by-law.


ANALYSIS OF ALTERNATIVES:

Pursuant to the Environmental Protection Act, Councils of local municipalities may,subject to the approval of the Minister pass bylaws,

(a) Regulating or prohibiting the emission of sound or vibration;(b) Providing for the licensing of persons, equipment and premises, or any

of them, with respect to the emission of sound or vibration;(c) Prescribing maximum permissible levels of sound or vibration that may

be emitted; and,(d) Prescribing procedures for determining the levels of sound or vibration

that are emitted.

Further to the Municipal Act Section 129(1) A local municipality may prohibit andregulate with respect to noise, vibration. 2001, c. 25, s. 129 (1).

FINANCIAL/STAFFING/LEGAL IMPLICATIONS:

The enforcement of the proposed new by-law will be done by existing staff resources inthe Building and Licensing Division. The Legal Services Division has assisted in thepreparation of the By-law.

POLICIES AFFECTING PROPOSAL:

The proposed By-law meets criteria established in Vision 2020 with respect to creating apeaceful environment and for fulfilling the human need for privacy.

CONSULTATION WITH RELEVANTDEPARTMENTS/AGENCIES:

The By-law was developed in conjunction and consultation with Legal Services andCommunity Services.

On February 4, 2002 the Standards and Licensing Section held a public consultationmeeting on the proposed Noise By-law. The meeting was advertised in the HamiltonSpectator as well as the surrounding local papers and invited the public to register as aspeaker should they wish to comment. There were 15 members of the public that madepresentations at the consultation and staff received 3 written submissions. The publicprovided comments and concerns regarding the Noise By-law and how it would impact arange of aspects, from residential and agricultural to industrial, however, the majority ofthe comments were residentially orientated.

Industrial Comments

Brian Zeman, an urban planner from MHBC Planning in Kitchener asked staff to includehis comments in this report and has provided the following:


“Our firm has been working with your staff over the past year on the development of theNoise By-law and how it affects industries. City Staff was faced with a challenge whenpreparing the new Noise By-law. The new City of Hamilton now has both urban andrural areas, including both urban and rural industries. In general, the By-law is fair forindustry and the residents of the City. The By-law governs industries by using theMinistry of the Environment noise guidelines. This approach provides certainty to bothexisting and new industry in the City of Hamilton. Its sets a clear and objective test.

This approach is also fair to those residents who live in proximity to industries. TheMinistry of Environment noise limits were established to protect the rights of people.This doesn’t mean that if industries meet the Ministry of the Environment NoiseGuidelines that the noise from the industry will be completely inaudible, but it will bewithin limits that are considered acceptable by the Province and are designed to ensureones enjoyment of their property is not taken away. With the modifications discussedthis morning, our firm supports the by-law and I congratulate staff on the time and effortthey have put into preparing the new By-law.”

One speaker objected to the exemption area north of Barton Street.

Residential Comments

A number of speakers spoke on continuing problems regarding vibration from outdoormusic and how the resulting sound can travel long distances. Some residents spoke ontheir own behalf and a solicitor representing a group of 11 families spoke on vibrationfrom the same source of outdoor music. Staff was advised that the residents that herepresented supported the draft by-law, hoping that the by-law will control the outdoormusic problem, thereby, permitting the residents to enjoy the summer.

Other speakers expressed their concerns regarding specific noise problems whichimpact their quality of life. These included situations such as music from abuttingresidential households and bars, fast food drive throughs, race tracks, gun clubs,airports, industrial noises and events at Bay Front Park. Staff confirmed that theproposed By-law will continue to regulate these types of noises.

Agricultural Comments

One speaker (representing the Hamilton Wentworth Federation of Agriculture\Soil CropAssociation) spoke of concerns that farmers operate machinery during different hoursthat may offend a residence and that these machines are used seasonally. Staffadvised the speaker that the by-law does regulate noise control devices used to controlbirds and that staff was aware of the limitations that a Noise By-law may have when theFarm Practices Act is involved.

Commercial Comments

An establishment owner stated the proposed By-law will negatively impact theirbusiness, as the by-law prohibits outdoor speakers. The outdoor speakers are animportant aspect of the business and weather only permits this use for 3 months a year.


He advised that the establishment was undertaking to install an outdoor speaker systemengineered for reduced the noise impact

Special Events

On April 29, 2002 The Special Events Advisory Team held a meeting with eventorganisers to advise them of the proposed Noise Control By-law relating to specialevents. The general consensus was that proposed noise regulations were too restrictivewhen it came to those events that provide concerts as part of the event.

CITY STRATEGIC COMMITMENT:

The proposed Noise Control By-law addresses the physical environment, which affectsthe health and well being of the community by regulating and controlling those noiseintrusions that are a potential threat to a quality of life and peaceful environment. Theby-law fulfils the human desire for peace in our environment by providing regulations tocontrol the daily qualitative unwanted sound that may intrude into our neighbourhoodsand communities.

The By-law provides for a mechanism that will respond to land uses that are bothcomplimentary and non-complimentary, by setting fair and quantitative limits on soundresponding to quality of life issues and further by promoting the City of Hamilton as adesirable place to live.

It will encourage industrial development as the by-law removes qualitative regulationswhen the source of sound is in an industrial zone. The By-law sets a clear andobjective test for industry to meet when setting financial cost dealing with noiseabatement of a new development.

The proposed Noise Control By-law while controlling those noise intrusions that are apotential threat to a quality of life and peaceful environment also facilitates the use ofcultural institutions, public facilities, parks and open spaces for special events whichinspires community pride and sense and place.

RC/PCL/fd

Attachments (3)

Change and Perception in sound levels

Excess AboveRecommended Sound

Level Limits (dBa)

Change In SubjectiveLoudness

Magnitude Of TheNoise Impact

No excess No noise impact1dBa No distinction No expected noise impact2dBa to 3dBa Barely perceived Insignificant noise impact4dBa to 5dBa Noticeably louder Slight noise impact6dBa to 9dBa Clearly louder Noise impact10dBa Twice as loud Definite noise impact15dBa + Almost three times louder Serious noise impact

CITY OF HAMILTON€¦ · City of Stoney Creek Noise By-law 676-78, as amended; Town of Dundas Noise...

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