Council Report: Amendments to Noise Control Bylaw and Municipal Ticket Information Bylaw

TOWN OF VIEW ROYAL COUNCIL REPORT

TO: Council DATE: May 1, 2024 FROM: Paul Hurst, Director of Protective Services MEETING DATE: May 21, 2024

AMENDMENTS TO NOISE CONTROL BYLAW AND MUNICIPAL TICKET INFORMATION BYLAW

RECOMMENDATION:

THAT the report dated May 1, 2024, from the Director of Protective Services titled “Amendments to Noise Control Bylaw and Municipal Ticket Information Bylaw“ be received for information.

PURPOSE:

To establish bylaw amendments to the Town of View Royal’s Noise Control Bylaw to eliminate the current subjectivity of the bylaw

TIME CRITICAL:

The Bylaw Department is receiving an increase in noise complaints. Delay in adoption will result in a lack of ability to manage complaints effectively.

BACKGROUND:

The current Noise Bylaw poses a persistent challenge due to its high level of subjectivity regarding what constitutes disturbing noise, without any specific time constraints. The current bylaw section for review is:

(ii) No person shall play or operate any radio, tape recorder, audio playback machine, stereophonic equipment or other instrument or any apparatus for the production or amplification of sound in or on private premises, or in or on any public place in such a manner as to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of any person or persons on the same piece of property or in the neighbourhood or vicinity.

Updating our Noise Bylaw to align with neighboring standards will not only resolve confusion in after-hours enforcement by the RCMP (who currently default to the noise limits of other Westshore municipalities), but also clarify what is considered reasonable noise levels for both Bylaw Officers and complainants.

DISCUSSION:

The importance of addressing the persistent challenges posed by our current Noise Bylaw cannot be overstated. Elevating public understanding of what constitutes a reasonable complaint is crucial for fostering a harmonious community environment. Through the establishment of clear standards and alignment with neighboring municipalities, we have the opportunity to enhance the effectiveness of noise regulations in our community.

Key Points:

Clarifying Expectations: Our current Noise Bylaw leaves room for ambiguity, resulting in confusion as to what noise levels and disturbances can be enforced. By establishing clear standards, we can provide residents with a better understanding of what constitutes a reasonable complaint, thereby promoting a more informed and cooperative approach to noise regulation.

Alignment with Neighbors: Harmonizing our Noise Bylaw with those of neighboring municipalities promotes consistency and cooperation in noise regulation efforts. This alignment not only streamlines enforcement processes but also ensures that residents are held to similar standards regardless of jurisdiction, fostering a sense of fairness and equity.

Improving Effectiveness: Enhancing the effectiveness of noise regulations requires proactive measures to address existing challenges. By updating our Bylaw to reflect clear standards and align with regional norms, we can improve enforcement efficiency and responsiveness, ultimately leading to a more peaceful and enjoyable community environment.

City of Colwood Noise Control Bylaw No. 1594

4. GENERAL PROHIBITIONS

4.1. No person shall make, cause or permit to be made any noise or sound in or on a highway, park or other public place which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the public or of persons in the vicinity.

4.2 No person who is the owner or occupier of, or who is present upon, any premises shall make, cause or permit to be made any noise or sound which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the public or of persons in the vicinity.

5. OBJECTIONABLE NOISE

5.1. Council considers that the acts listed below cause noises or sounds which are objectionable and are liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public;

a) Playing or operating any radio, stereophonic equipment, television receiving set or other instrument or any apparatus for the production or amplification of sound, where the noise or sound is clearly audible at a point of reception in a residential area between the hours of 11:00 p.m. one day and 9:00 a.m. the following day.

City of Langford Noise Regulation Bylaw No. 2056

4. GENERAL PROHIBITIONS:

4.1 A person shall not make or permit anyone for whom they are responsible for to make, any noise or sound in or on a highway, park or other public place which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the public or of persons in the vicinity.

4.2 A person who is either the owner or occupier of a Premises, or anyone for whom they are responsible including invited guests, shall not make, cause, or permit to be made any noise or sound which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the public or of persons in the vicinity.

5. OBJECTIONABLE NOISE:

5.1 In addition to the general prohibitions set out in Section 4.1, the City considers that the acts listed below cause noises or sounds which are objectionable and are liable to unreasonably disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public: a. The playing or operating any radio, television or other instrument or any apparatus for the production or amplification of sound, where the noise or sound is clearly audible at a Point of Reception in a residential area between the hours of 11:00 PM. one day and 9:00 AM the following day.

ALTERNATIVES:

We must decide whether to continue with the current system, which requires substantial resource allocation to navigate the inherent subjectivity of our existing Bylaw, or to adopt the proposed amendments, thereby implementing a more refined strategy. This would not only enhance residents' expectations regarding noise regulation but also bolster our mitigation process.

CONCLUSION:

THAT the report dated May 1, 2024, from the Director of Protective Services titled “Amendments to Noise Control Bylaw and Municipal Ticket Information Bylaw“ be received for information.

ATTACHMENTS:

1. Attachment A – Proposed Noise Control Bylaw No. 523, 2013, Amendment Bylaw No. 1136, 2024
2. Attachment B – Proposed Municipal Ticket Information Bylaw No. 643, 2007, Amendment Bylaw No. 1137, 2024