Request for Exemption from Noise By-law No. 3453-79

St. Matthew's Church, 706 Old Weston Road

Ward 27, York Humber

The York Community Council recommends the adoption of the following report (June 9, 1999) from the District Manager, West District, Municipal Licensing and Standards Division:

Purpose:

To report on a request for an exemption from former City of York Noise Control By-law No. 3453-79.

Financial Implications:

There are no financial implications for the City.

Recommendations:

It is recommended that:

(1)St. Matthew's Church be granted an exemption from the provisions of Noise Control By-law No. 3453-79 for the following dates and times:

Saturday, June 26, 1999from 6:00 p.m. to 12:00 a.m. and

Friday, September 3, 1999)

Saturday, September 4, 1999)from 8:00 p.m. to 12:00 a.m.

Sunday, September 5, 1999)

Monday, September 6, 1999 )

(2)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background:

The former City of York Noise By-law No. 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. The by-law also provides that Council may grant exemptions from the provisions of the noise by-law.

Discussion:

The exemption being requested is for two concerts the participants in which will be a marching band and a pop music group. Attached is a fax dated March 2, 1999 (received June 7, 1999) from the executives of St. Matthew's Church requesting an exemption from the City's Noise By- law for the dates and times noted above. The two religious festivals attract a large number of parishioners and are held in the St. Matthew's schoolyard directly to the rear of the church. The exemption would only be in effect to 12 a.m. (midnight) on the dates indicated and, given that there have been no reported problems associated with festivals held in previous years, the event is unlikely to have any adverse impact on the surrounding community.

Conclusions:

For the past several years the applicant has held the festival without any reported incidents concerning excessive noise. Accordingly, it is recommended that this request for an exemption from the noise by-law also be approved without conditions.

Contact Name:

Douglas Jack,

Municipal Licensing and Standards Division

West District

Telephone: 394-2533Fax: 394-2904