Amplified

Committee of the Whole dives into the County’s noise bylaw

After another busy summer season in the County, the topic of noise was front and centre at last week’s Committee of the Whole. The current bylaw was enacted in 2002 with an amendment in 2011. With increased tourism and the increase in short-term accommodations, County staff say the new bylaw must reflect the expectations of residents and actually be enforceable. Earlier this year, a noise bylaw survey was sent out via Have Your Say. More than 86 per cent of respondents did not believe there was a noise problem in their neighbourhood and 93 per cent had never made a noise complaint themselves.Of those who did make noise complaints, most were related to loud music and operation of power devices. The new bylaw would give enforcement staff, as well as police, defined times for restrictions related to specific noise generators instead of maximum sound levels.

After receiving many complaints, one of the main staff recommendations was for outdoor amplified music and entertainment to be prohibited from 11 p.m. of one day to 9 a.m. of the next day. According to the report, there were businesses that provide entertainment to their patrons who felt the originally proposed restriction of no amplified music after 11 p.m. was too restrictive.

Wellington resident Amy Bodman made a deputation regarding excessive noise from the Lakeside Motel in Wellington. According to Bodman, who owns two properties in the general vicinity of the motel, over the last two years, she and other neighbours have been in contact with staff concerning nuisance issues due to the expanded Lakeside Motel, including excessive noise, light pollution, smoke pollution and bylaw and permit infractions. “These nuisance issues not only adversely affect our livability of place, but also the small businesses—our long- and short-term rentals, some of us run. I regret to say that we have received little substantive response,” she said. Bodman also explained that the predecessor to the Lakeside—the Village Inn—occupied the space and was mostly indoors. “It had ample parking on the property for both the motel and the restaurant and room for deliveries. It did not project music that could be heard seven properties away, nor pour smoke into the neighbourhood from smokers for hours at a time. The present bar and restaurant is at least five times as big,” claimed Bodman.

Sharon Harrison, another neighbour to the motel, says the enjoyment and use of her property has been severely compromised in recent years due to numerous issues arising from the significant change of use of the motel into a resort-type business attracting hundreds of patrons daily. “Excessive noise includes blaring music from 7 a.m. to 11 p.m. daily, and noise from vehicles and people. This sleepy 10-bed motel has morphed into a sprawling and ever-growing resort, complete with large swimming pool and very large patio restaurant and bar. To insert a resort complex into the footprint of a small motel in such close proximity to residential neighbouring properties is unacceptable,” said Harrison.

Councillor Janice Maynard wanted to see noise from entertainment cut off at 9 p.m. in residential areas and not be allowed to be started again until 11 a.m. The next day. “Patios are becoming more popular, often in close relationship to residential areas.” said Maynard. “We’ve seen numerous examples of where there is a conflict between close residential neighbours and these commercial establishments.”

After thanking staff for the simple bylaw, Councillor Phil Prinzen said he understood what Maynard was trying to accomplish, but that he couldn’t support it. “I understand what you are thinking and trying to do, but I worry that we are going to be swiping the big brush and hitting people we don’t need to hit,” said Prinzen. “And then we are in more of a mess.”

Thinking of the effect it would have on local businesses, Mayor Steve Ferguson said he couldn’t support the motion. Councillor Bill Roberts agreed. “I hope that most of us remember a time in our lives when our younger selves didn’t start entertaining until 9 p.m. Let’s not be old fogies about this,” said Roberts.

Council directed staff to investigate options available to restrict outdoor amplified music from a commercial establishment adjacent to a residential area before the bylaw is passed. It will come back at a future council meeting.