5.REQUEST FOR EXEMPTION FROM NOISE BY-LAW 3453-79

IN CONJUNCTION WITH TWO HOLY FESTIVALS

- ST. MATTHEW=S CHURCH, 706 OLD WESTON ROAD

WARD 27, YORK-HUMBER.

 Commissioner, Community Services Department, York Civic Service Centre

(April 28, 1998)

 Purpose:

 To allow the participation of marching bands and a pop music group in two important religious festivals celebrated by the Parish of St. Matthew=s School, during a prohibited time for amplified sound.

 Funding Sources, Financial Implications and Impact Status:

 No funding required nor are there any financial implications. The requested exemptions are very limited in scope and duration therefore, it is very unlikely that the surrounding community would be exposed to any significant adverse impact.

 Recommendations:

 That St. Matthew=s Church, 706 Old Weston Road, be exempted without conditions from the provision of Borough of York By-law Number 3453-79, which prohibits the emission of amplified sound audible in a residential area for the following dates and times:

 DateTimes

Saturday, June 27, 1998From 8:00 p.m. to 12:00 a.m.

Sunday, June 28, 1998From 8:00 p.m. to 12:00 a.m.

Friday, September 4,1998From 8:00 p.m. to 12:00 a.m.

Saturday, September 5, 1998From 8:00 p.m. to 12:00 a.m.

Sunday, September 6,1998From 8:00 p.m. to 12:00 a.m. and

Monday, September 7, 1998From 8:00 p.m. to 12:00 a.m.

  Background:

 Attached is a letter dated March 5, 1998 from the executives of St. Matthew=s Church 706 Old Weston Road, requesting an exemption from the City=s Noise By-law on the above noted occasions. The two religious festivals, which attract a large number of parishioners, are celebrated in the school yard of St. Matthew=s School which is located to the back of the church. The requested exemptions are for two concerts to be held which include the participation of marching bands and a pop music group. There have been no reported incidents during previous years= festivities.

 Discussion:

 The City of York Noise By-law Number 3453-79 prohibits the emission of amplified sound from electronic devices incorporating one or more loudspeakers if the noise is audible in residential areas on any day after 5:00 p.m.

 By-law Number 3453-79 provides that Council may, by resolution, grant exemptions from the Noise By-law provisions. The by-law provides that such an exemption may be granted only after Council considers a report from the Commissioner of Community Services. The report is to set out any recommendations as to terms and conditions which should be imposed upon the applicant.

 With respect to this application, the requested exemptions are very limited in scope and duration. It would be appropriate that Council grant the exemption requested without attaching any conditions. The exemption would only be in effect to 12:00 a.m. (midnight) on the dates indicated and is unlikely to have any significant adverse impact on the surrounding community.

 City Wide Issues:

 None.

 Conclusions:

 For the past three years, the applicants have held their festivals in conjunction with granted exemptions to the Noise By-Law without reported incidents. The concerts, while enhancing celebratory festivals, are likely to be more interesting and entertaining than disturbing to non participants in the community. For these and other reasons reported above, it would appear logical that the exemption to the Noise By-Law be granted on the above noted occasions without conditions.

Contact Name:

 Douglas Jack

Director of Municipal Standards

York Civic Service Centre

Telephone: 394-2533

Fax: 394-2904

(A copy of the letter dated March 5, 1998 from the Executives of St. Matthew=s Church, 706 Old Weston Road, referred to in the foregoing report, was forwarded to all Members of Council with the agenda of the York Community Council meeting of May 27, 1998, and a copy thereof is on file in the Clerk's Department, York Civic Service Centre.)