Item - 2016.LS9.1
Tracking Status
- This item was considered by Licensing and Standards Committee on January 22, 2016. The Licensing and Standards Committee has referred this item to an official or other body without making a decision. Consult the text of the decision for further information on the referral.
LS9.1 - Amendments to Chapter 591, Noise
- Decision Type:
- ACTION
- Status:
- Referred
- Wards:
- All
Public Notice Given
Committee Decision
The Licensing and Standards Committee:
1. Referred the item and all motions back to the Executive Director, Municipal Licensing and Standards for further community consultation and report back to the Licensing and Standards Committee as appropriate.
Decision Advice and Other Information
The Director, Investigation Services, Municipal Licensing and Standards Division gave a presentation.
Origin
Summary
This report proposes amendments to Chapter 591, Noise after a comprehensive review.
The scope of the review for Chapter 591, Noise is the entire by-law. The review intended to update the by-law to reflect the current City environment and includes 8 specific directives from Committee and Council. These directives require ML&S to identify recommendations to address construction, motorcycle and amplified sound more effectively, increase and escalate penalties and ensure that the noise by-law does not overlap with other existing legislation. The review also takes into account feedback from over 5000 residents and more than 15 external stakeholder meetings as well as other City divisions. These directives and the comprehensive public and stakeholder consultation has led to a number of recommended amendments to Chapter 591, Noise.
Proposed changes to the by-law intend to strike a balance in serving residents and enabling the economic and social vibrancy of the City. This balance is created by enabling greater flexibility under certain provisions in the by-law while increasing rigour in other provisions. Allowing certain levels of noise for construction, manufacturing, transit and events can improve the City's economic and social infrastructure and better serve the residents of the City.
However in doing so, other recommendations serve to increase rigour of proactive noise mitigation and enforcement, such as the authority to revoke exemption permits, impose conditions such as monitoring by ML&S and noise mitigation plan. These proposed changes will enable the City to more effectively use the by-law to limit and mitigate noise through adequate planning before it becomes disruptive to residents. Where the noise created exceeds what is permitted, recommendations have been made to increase fines and penalties. The proposed changes also identify that each offence is designated a continuing offence and is subject to, for each day or part of a day that the offence continues, additional fines.
Overall, the proposed changes serve to make the by-law more objective, and easier to understand and interpret. Chapter 591, Noise has been amended with the proposed changes in Attachment 1. A table of the current noise by-law and proposed changes are reflected in further detail in Attachment 2-6.
Legal Services has been consulted in the preparation of this report.
Background Information
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-87298.pdf
(January 11, 2016) Attachments 1 to 9 to the Report from the Executive Director, Municipal Licensing and Standards on Amendments to Chapter 591, Noise
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-87299.pdf
(January 11, 2016) Attachment 10 to the Report from the Executive Director, Municipal Licensing and Standards on Amendments to Chapter 591, Noise
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-87700.pdf
(January 28, 2016) Presentation by Mark Sraga, Municipal Licensing and Standards, on Amendments to Chapter 591, Noise
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-88680.pdf
Communications
(January 18, 2016) E-mail from Anne Riley (LS.New.LS9.1.2)
(January 19, 2016) E-mail from Rochelle Dennis (LS.New.LS9.1.3)
(January 19, 2016) E-mail from Ian Flett (LS.New.LS9.1.4)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-58484.pdf
(January 19, 2016) E-mail from Richard Ponesse (LS.New.LS9.1.5)
(January 19, 2016) E-mail from Dr. Janet Buchanan (LS.New.LS9.1.6)
(January 19, 2016) E-mail from Carol Clark (LS.New.LS9.1.7)
(January 20, 2016) Letter from Michael Landry, President, Greater Yorkville Residents' Association (LS.New.LS9.1.8)
(January 20, 2016) Letter from Cristina Panneton (LS.New.LS9.1.9)
(January 20, 2016) Letter from Richard Lyall, President, Residential Construction Council of Ontario (RESCON), and Danielle Chin, Senior Manager, Building Industry and Land Development Association (BILD) (LS.New.LS9.1.10)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-58542.pdf
(January 21, 2016) Letter from Susan Lipchak (LS.New.LS9.1.11)
(January 21, 2016) E-mail from Martin Mittelstaedt and Lynn Robinson (LS.New.LS9.1.12)
(January 20, 2016) Letter from Kathryn A. Holden, Executive Member, Bay Cloverhill Community Association (BCCA) (LS.New.LS9.1.13)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-58529.pdf
(January 21, 2016) E-mail from Ian Flett (LS.New.LS9.1.14)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-58548.pdf
(January 22, 2016) E-mail from Susannah Riggs, Chief Counsel, Mondelez Canada Inc (LS.New.LS9.1.15)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-58549.pdf
(January 22, 2016) Letter from Paul Scrivener, Director of External Affairs, The Toronto Industry Network (LS.New.LS9.1.16)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-58535.pdf
(January 22, 2016) Letter from Dr. Tom Weinberger (LS.New.LS9.1.17)
(January 22, 2016) Submission from Dr. Tom Weinberger (LS.New.LS9.1.18)
Speakers
Helen Klar, Greater Yorkville Residents' Association (GYRA)
Sara Byer, Board Committee of Greater Yorkville Residents' Association (GYRA)
Harold B. Smith
Ian Flett
Dr. Tom Weinberger (Submission Filed)
Holger Butcher, President, Hocat Consulting Inc.
Lynn Robinson, Toronto Island Noise Committee
Martin Mittelstaedt, Toronto Island Noise Committee
Linda Brett, Bloor Street East Neighbourhood Association
Paul Scrivener, Toronto Industry Network
Nicholas Sylvestre-Williams, Toronto Industry Network
Tracy Jenkins, Lula Music and Arts Centre / Dundas West BIA
Vasilios Cranis, Lula Lounge
Liz Guerrier, Dave’s... On St. Clair
Andreas Kalogiannides, Kalogiannides Law
Spencer Sutherland, Toronto Music Advisory Council, Toronto Association of BIAs, Queen St West BIA
Lisa Zbitnew, President, Phoenix Concert Theatre
Councillor Kristyn Wong-Tam
Motions
That:
1. City Council request the Ontario Ministry of Transportation review in 2016 the provisions of the Highway Traffic Act, Section 75, pertaining to Noise and Unnecessary Noise including establishing decibel limits and to increase fines for offenders and include demerit points for offenders.
2. City Council request Toronto Police Services Board report back to City Council in the second quarter of 2016 on recommendations for Toronto Police Services improved enforcement of the Highway Traffic Act, Section 75, pertaining to Noise and Unnecessary Noise.
3. City Council request that the Executive Director, Municipal Licensing & Standards report to the February 2016 meeting of City Council ensuring that Municipal Licensing and Standards has the staff allotment to adequately and properly enforce Toronto Municipal Code, Chapter 591, Noise.
That the Executive Director, Municipal Licensing and Standards be requested to provide the staff complement necessary to provide overnight and weekend enforcement of noise by-laws, whether through additional full-time employees or shift changes.
That the Licensing and Standards Committee recommend that City Council amend Municipal Code 591.2. B(1) to add an hour to the prohibited construction period so that (a) now reads: “In a quiet zone or residential area within the prohibited period of 7:00 p.m. one day to 8:00 a.m. the next day, prohibited Saturdays and Sundays.
That the Executive Director, Municipal Licensing and Standards be requested to report back with a review of jurisdictions that have banned, restricted or regulated leaf blowers and include options to either:
a. ban leaf blowers from residential areas or
b. require leaf blowers to operate at a sound level not to exceed 45 decibels.
That City Council amend the draft by-law in Attachment 1 to the report (January 11, 2016) from the Executive Director, Municipal Licensing and Standards, to:
a. clarify that the exemption in section 3C applies to environmental compliance approvals without noise mitigation plans;
b. provide that the exemption for necessary municipal work be expanded to apply as a general exemption to Chapter 591, Noise; and
c. clarify that the authority of the Executive Director, Municipal Licensing and Standards, to impose a noise mitigation plan is limited to situations where an exemption permit has been granted.
That the Executive Director, Municipal Licensing and Standards, report back include the feasibility of requiring noise notices regarding noise exemptions granted by the City of Toronto, and or proximity to public squares and venues, being registered on title of new residential development.
That City Council direct the Executive Director, Municipal Licensing and Standards to develop a policy to waive noise exemption application fees for Councillor events and not-for-profit community events, such as Canada Day events, and events in parks, and authorize staff to introduce any bills to give effect to this recommendation.
That the item and all motions be referred back to the Executive Director, Municipal Licensing and Standards for further community consultation and report back to the Licensing and Standards Committee as appropriate.