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Turn up the volume

Posted: January 21, 2011 at 2:34 pm   /   by   /   comments (0)

Proposed noise bylaw deemed too restrictive

Fearing it was setting the threshold too low, a committee of council sent a proposed noise bylaw update back to staff for revisions last week.

The proposed bylaw was developed using the rules governing noise complaints in other Ontario municipalities. The issue arose over the last year as the municipality was dragged reluctantly into a dispute between neighbours between Wellington and Bloomfield.

The previous bylaw made it a violation to cause a noise that was “likely to disturb an inhabitant of Prince Edward County.” This allowed one resident to use the municipality to fund and wage his battle against his neighbour.

The County won. Mark Henry and Lynne Ellis of Fields on West Lake lost. They will learn the cost of the guilty verdict next week.

Meanwhile many on council, worried that the decision might spark a rash of noise complaints between neighbours, sought to fix a bylaw many see as broken.

Andy Harrison, chief building official, tabled a draft bylaw at the council committee last week.

Some, like Picton Councillor Bev Campbell, suggested passing the bylaw and evaluating the results in a year’s time. But others, like fellow Picton Councillor Brian Marisett, wanted to form a committee to study the issues and seek further staff and legal opinion.

Others were simply concerned that the proposed noise levels required to trigger a complaint were too low and that given the nature of the County, chainsaws, snowmobiles and even informal outdoor music might provoke a complaint.

The bylaw was sent back with direction to turn up the allowable noise to be permitted in the County.

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