How loud is too loud?
Barrie councillors have heard the arguments and sent the matter to their finance and corporate services committee.
Last year, city staff were directed to work with Barrie city police to explore options to enforce the noise bylaw as it pertains to motor vehicles and motorcycles, and using the bylaw to restrict consistent noise from all sources in residential areas.
Coun. Gary Harvey, who asked for the investigation, says he accepts the recommendation of no changes, as there was consultation with police and bylaw enforcement.
“However, that still does not rectify the issues that created this motion to begin with,” he said. “One of my residents has since sold their house and moved away, as they no longer could put up with the four to six hours a day that their neighbour was playing the drums.
“This motion was not just about musical instruments, it was all encompassing of all noises," Harvey added.
Barrie’s noise bylaw says any noise that is likely to disturb an individual after 9 p.m. is prohibited. This is in addition to the normal 11 p.m. of one day to 7 a.m. of the next day prohibition, which generally covers most noise that interferes with property enjoyment.
City police handle noise that is disruptive to others’ enjoyment of their property, such as loud stereos or amplified sound, parties, construction and motor vehicle noise. These incidents generally involve several individuals requiring numerous officers to attend, and occur during overnight hours.
All calls received by Barrie police are assigned a priority level; general noise is of a lesser priority response than many police calls for service — although some warrant a higher priority — such as those involving alcohol, vehicles, damage, etc. Then there is a more responsive priority assigned, due to the potential of criminal offences being committed. Barrie police received 1,464 noise complaints in 2018.
Police say that increasing or removing the time restrictions for permitted noise is not likely to increase compliance, but rather provide them with increased calls for service during already peak service times. Since these complaints are of a lesser priority, the level of response by police would remain the same unless criminal offences were being committed.
Measurable noise — stationary sources such as air-conditioners and pool pumps — is handled by the city’s enforcement services branch. It can take noise measurements with the use of a sound level meter from where the noise is being heard, when the source can be controlled by the owner and when environmental factors such as wind, rain and humidity and ambient factors such as traffic are favourable.
Numerous visits are required to get the optimum conditions to determine whether a violation is present. Should that be the case, enforcement services will work with the owner to remedy the situation for both parties, or if necessary proceed with legal action.
Enforcement services received 107 complaints in 2018 for measurable noise from stationary sources, but most didn’t result in a violation.
Staff say noise in an urban setting is to be expected and that while removing the 9 p.m. restriction may be an option, it is not feasible to expect that all types of noise can be controlled in that manner. In urban settings — where people are in close proximity to each other and where persons are expecting to be permitted to have ‘enjoyment of their property’ during reasonable times — occasional conflicts will arise.
While enforcement is a measure to control such things, communication between neighbours which expresses potential concerns from either party moves the community toward building stronger neighbourhoods without the need to implement harsher restrictions, staff say.
Council could consider a motion asking the Barrie Police Services Board to review opportunities to enhance the police response to noise that disrupts others’ enjoyment of their property, and advise council of the results.
