Executive Summary
The purpose of this report is to briefly summarize the community engagement process
and key themes which emerged from both public meetings and the online survey
regarding a new consolidated Noise By-Law. Council’s concurrence with the updated
framework for the new Noise By-Law is requested.
Background
Currently, seven (7) parent by-laws and nineteen (19) amending by-laws are
enforceable in the City of Greater Sudbury. These by-laws, dating back as far as 1982,
feature a variety of prohibited times and activities which are not consistently applied
across the now Greater City of Sudbury.
Community Survey (online)
Supporting the direction of Council, an online survey was made available to the public
for a three (3) week period in June 2016. In total, eight hundred seventy four (874)
responses were received.
http://agendasonline.greatersudbury.ca/index.cfm?pg=feed&action=file&attachment
=16433.pdf
While all City of Greater Sudbury communities were represented in the survey, the
largest proportion of respondents reported to live in the areas of New Sudbury and the
South End.
Most respondents stated they work during the day, live in a primarily
residential neighborhood and reside in a detached single family dwelling.
Of the 874 people surveyed, 41% reported that noise is a problem in the area where
they live. With this same group, the majority have formally filed a noise complaint, most
often directed towards the Greater Sudbury Police Service (43.45%), followed by the
CGS By-Law Department (34.48%) and finally to their Councilor (11.72%).
Those who have filed a formal complaint, most often complain about parties at
residences (36.36%), followed by Music/television (34.01%) and finally barking dogs
(28.28%). Those who noted they had been bothered by noise, but have never filed a
formal complaint, report that their concerns were primarily due to noise created by
Motorcycles/Dirt bikes/ Snowmobiles/ATV’s (37.69%), followed by barking dogs (36.58%),
and finally noise associated with parties at residences (26.56%).
In the commentary section of the survey, other noises identified by citizens as being
unwelcome include sounds created by film crews, fireworks, floatplanes, train related
noises, truck engine brakes and wind chimes.
Generally, citizens report that they are amenable to commercial construction and
other business activities taking place during daylight hours, including early evenings. In
the case of road construction, many respondents suggested that it is acceptable for
road construction to continue through the night to allow for quicker completion and
less traffic disruption.
Non commercial noise generated by power tools while maintaining homes and yards
was considered tolerable but restrictions during the overnight period was identified as
being desirable.
With respect to snow removal, approximately 91% of citizens were in favor of having no
time restrictions to regulate snow clearing and removal immediately following
accumulation. This would represent a change from current by-law provisions which
have restrictions on overnight snow clearing and removal both in residential and
commercial settings.
Community Contact (public meetings)
In addition to seeking the input of residents through a formal online survey, in person
feedback was received from residents in a number of areas of the community by way
of staff attending seven (7) community meetings. Recognizing the value of input from
all areas of the community, staff attended four (4) Community Action Network (CAN)
meetings, many of which allowed for informal open house discussions on the topic of
noise and how it impacted them as residents of their community. In total approximately
one hundred and twenty (120) citizens provided formal and informal feedback during
these meetings.
Direct community contact produced similar results regarding noise related issues as
identified in the online survey. At some community meetings, specific issues were
brought forward. For example, in Chelmsford concerns relating to dirt bikes on private
property was a focus; in Coniston issues relating to train noises and in New Sudbury
concern regarding commercial noise produced by an automotive business.
Legislation and By-laws that Address Noise
Appendix Two, attached, identifies noise concerns that are addressed in other
Provincial Statutes or Municipal by-laws. The proposed intention is to avoid overlap with
established law.
Basic Principles
Principles of a New Consolidated Noise By-Law: (Previously adopted by Council)
http://agendasonline.greatersudbury.ca/index.cfm?pg=agenda&action=navigator&id
=823&itemid=10503&lang=en
1. Excessive noise has an adverse affect on health.
2. Certain sounds and noises are acceptable for safety and/or historic reasons.
3. There must be a balance between competing interests and property rights.
4. Noise parameters should reflect the nature of the community.
5. Enforcement should combine both subjective and objective enforcement
practices.
These five principles along with community feedback, municipal comparisons and
council debate led to the development of three key themes.
Key Themes in Proposed New By-Law:
1. Standard prohibited times
Under current noise by-laws there are a number of different times when certain noises
are prohibited. Prohibited times refers to times when noise from a specific activity is not
permitted. An example is the use of power tools and lawnmowers for residential
purposes. There is tolerance with respect to the use of these items provided that they
are not used during the overnight period.
A standard prohibited time for activities identified as being prohibited during the
overnight period is proposed because it is easily understood by residents and
subsequently may promote compliance. In the survey, residents voiced their opinion
that they would prefer a prohibited or “quiet time” that began at either 8:00 p.m. or
9:00 p.m. Additionally, the majority of residents noted that they would be accepting of
noise so long as it did not begin before either 7:00 a.m. or 8:00 a.m. Minimal differences
of approximately 7% was noted between these identified times and both times
alternately scored top response. With Municipal best practices considered a consistent
prohibited time (or “quiet time”) for this new consolidated by-law is between the hours
of 9:00p.m. and 7:00 a.m.
2. Consistent application of response based upon source
Noise is generated from either commercial (business related) or non commercial
(private) sources. Through public consultation and examination of other Municipal best
practices, a tolerance for commercially generated noise during daytime hours was
identified. However, a desire for prohibition during the overnight period was also
apparent. Subsequently, commercially generated noise is permitted, except between
the hours of 9:00 p.m. and 7:00 a.m.
Non commercially generated noise was reported as having less acceptance both as
reported through public consultation with residents and when considering Municipal
comparisons. The general position for non commercially generated noise (noise made
by a private citizen) is that it is acceptable to generate noise to the extent that it
doesn’t disturb other residents. This does not restrict a property occupier from creating
noise on their property but it does put the onus on the property occupier to limit the
noise generated in a way that does not disturb their neighbors.
Surveyed response indicated the majority of residents (approximately 91%) have a high
tolerance and understanding towards noise associated with the clearing and removal
of snow (both commercial and non commercial) and the new by-law would not restrict
this activity.
3. Subjective and objective investigative techniques.
It is proposed that the enforcement of a new noise by-law will involve an evidence
based investigative approach. This style of investigation will consider the totality of the
circumstances including direct observations made by the investigating Officer along
with statements received from witnesses. To provide a level of objectiveness to an
investigation, noise readings obtained using utilizing smart phone technology may be
included as evidence. Readings will be taken from the point of reception and results will
be interpreted using guidelines provided by Health Canada (updated September
2016).
http://www.hc-sc.gc.ca/hl-vs/iyh-vsv/environ/hearing_loss-perte_audition-eng.php
Noise Exemptions
Exemptions to the Noise By-Law will continue to be applied to emergency vehicles;
traffic control devices; CGS maintenance operations for public streets, parks and
property; bells and chimes in churches, schools and public buildings; noises incidental
to activities for which a City permit has been issued; or exemptions for which Council or
the Clerk has approved through the application protocol currently established.
If confirmed by Council at the February meeting, the By-Law will be drafted and
presented to Council for final reading no later than the summer of 2017, with an
implementation date that will allow time for communication of key changes to the
community.