NOTL noise bylaw addresses hooting, hollering and loud music, but isn't enforced
Town staff are hearing loud and clear that some residents want changes when it comes to enforcement of noise complaints.
At last Tuesday’s committee-of-the-whole meeting, council received a letter from the St. Davids Ratepayers Association, asking for an update on the town’s process in changing its noise bylaw, an issue the previous council started to deal with in 2020. Enacted in 2012, the current bylaw has been “difficult to enforce,” according to the ratepayers association — a statement Fire Chief Jay Plato agreed with when he addressed the matter during last week’s meeting.
“We are aware there are changes that are required from the enforcement side,” said Plato, adding the discrepancy in the bylaw lies in “what’s noise and what isn’t.”
A short-term solution won’t be easy, although the incoming hire of a new bylaw policy coordinator will be helpful once that person is on the job in about two months, he estimated.
Coun. Adrianna Vizzari said the bylaw is “unable to be enforced because it’s antiquated,” and that people in St. Davids want more action, especially during the day when loud music is being played in the neighbourhood. That request is also included in the letter received by council. “The bylaw is very difficult to enforce because of the wording in it,” Plato agreed, adding that it’s “not impossible but very, very challenging” to penalize people.
A proposed update to the noise bylaw came before council in 2020. The recommendations in that proposal included limiting the noise level to 50 decibels between 11 p.m. and 7 a.m., and 55 decibels between 7 a.m. and 11 p.m. After some discussion, council told staff at that time to no longer pursue the noise bylaw change. Instead, staff was directed to provide a workshop on the existing noise bylaw and provide a staff report on enforcement challenges.
Part of the current bylaw states that yelling, shouting, hooting, whistling and singing are permitted until 11 p.m.
A petition at that time created by comedian Joe Pillitteri collected thousands of signatures of people against the proposed changes, which suggested singing and hooting be prohibited after 9 p.m. The story was even picked up by The Beaverton, a satirical news website that ran with a headline that read: “Police in Niagara-on-the-Lake investigate drive-by hooting.”
No decision was made last week when council received the letter from the St. Davids group.
At that meeting, Lord Mayor Gary Zalepa said people need to simply get along.
“What I don’t want to see is us updating a bylaw to become the referee between neighbour complaints,” he said. “You live in an area where there’s people around you and you’re going to hear some noise.”
Coun. Erwin Wiens said noise issues shouldn’t pit residents against tourism and business, and vice versa. “We’re all in this together, and we have to have some kind of amicable solution,” said Wiens.
Vizzari said it’s important to wait until the new bylaw staffer is onboard. “I think that’s the main focus,” she said.
Coun. Wendy Cheropita shared similar sentiments, that the town should welcome people having reasonable fun on their own properties. “I want to live in a community where people are able to have family parties in their backyard,” she said.
According to the letter received by council last week, St. Davids Ratepayers Association has become aware of further noise complaints related to excessive noise generated by residential neighbours in recent years, saying that “a couple of senior citizens” have been impacted regularly since moving into their home five years ago, enduring loud music for “hours on end” during the day, on weekdays and weekends.
Bylaw officers and the police were not able to prevent the excessively loud music due to the wording in the current bylaw, said the letter.
Kris Dube, Local Journalism Initiative Reporter, Niagara-on-the-Lake Local
