April 14, 1999

To:Toronto Community Council

From:Angie Antoniou, Manager, Right of Way Management, Transportation Services, District 1

Subject:Beaches Jazz Festival (East Toronto)

Purpose:

To report on the request from Councillors Sandra Bussin and Tom Jakobek that a penalty be imposed on bands performing at the Beaches Jazz Festival prior to the road being closed to vehicular traffic and beyond the closing hours.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

It is recommended that:

1.The applicant deposit a $2,000 cheque with the city toward possible infractions by street bands playing prior to the road being closed at 7:00 p.m. and beyond the 11:00 p.m. closing limit from July 22 to 24, 1999; and that a fine of $500 per infraction be levied "to ensure that this deadline is respected and honoured";

2.A noise restriction be incorporated into the permits issued to the bands to facilitate enforcement of the permitted noise level;

3.The applicant be required to comply with Section 19 of the former City of Toronto Municipal Code Chapter 313, Streets and Sidewalks; and

4.The appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

Background:

A meeting was held on March 4, 1999 with the event organizer Lido Chilelli, members of the Toronto Police Service, Toronto Transit Commission, Executive Assistants to the Ward Councillors, and members of Works and Emergency Services, to discuss improvements to this year's road closure event.

The Ward Councillors Tom Jakobek and Sandra Bussin, requested that a report be submitted to the Toronto Community Council to ensure that the street bands do not perform prior to the 7:00 p.m. road closure time or beyond the 11:00 p.m. closure time and that a penalty of $500 be imposed on the event organizer to ensure that the bands performing at the Beaches Jazz Festival comply with this condition.

Comments:

The event organizer, Mr. Lido Chilelli, President of the Beaches International Jazz Festival, has requested permission to close Queen Street East, from the east side of Woodbine Avenue to the west side of Beech Avenue, to hold the "Beaches International Jazz Festival." The requested days and times of the closure are:

Thursday, July 22, 1999 - from 7:00 p.m. to 11:00 p.m.

Friday, July 23, 1999 - from 7:00 p.m. to 11:00 p.m.

Saturday, July 24, 1999 - from 7:00 p.m. to 11:00 p.m.

Under Section 19 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, the Commissioner may issue a permit for a street closure for "social, recreational, community and athletic purposes or a combination of these purposes" for less than 24 hours, if local access for residents and emergency vehicles is maintained.

City Council of the former City of Toronto, at its meeting of June 2 and 3, 1997, adopted, as amended, Clause 12 of the former City Services Committee Report No. 7, granting permission to temporarily close Queen Street East, from the east side of Woodbine to the west side of Beech Avenue, which, among other things, included the following conditions:

1.The applicant, Lido Chilelli, be required to provide a $2,000 deposit with the City of Toronto towards any possible infractions by street bands playing beyond the 11:00 p.m. closing limit and that a penalty of $500 per infraction be levied to ensure that this deadline is respected and honoured; and

2.That a noise level restriction be incorporated into the permits issued to the bands to facilitate enforcement of the permitted noise level.

Members of Toronto Police Services and staff of this Department monitored last year's event and found that some bands started performing on the sidewalk prior to the 7:00 pm road closure time, forcing pedestrians and the audience onto the road, creating a hazardous situation.

The event organizer has agreed to post a deposit with the City from which funds will be forfeited if bands begin playing prior to 7:00 pm or do not stop playing at 11:00 pm.

Conclusions:

For safety reasons, it is recommended that Council approve a penalty of $500 per infraction paid by the event organizer, Mr. Lido Chilelli, for any street band performing prior to the 7:00 p.m. road closure time in addition to the penalty of $500 per infraction for street bands that do not stop playing at 11:00 p.m.

Contact Name and Telephone Number:

Lisa Forte, 392-1801

Manager

RH

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