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Mono, OAS look to improve communication about noise

November 21, 2024   ·   0 Comments

By JAMES MATTHEWS

The Orangeville Agricultural Society believes Mono should not enact an outright ban on noise in the municipality.

While that’s a possibility with a new noise bylaw, Mayor John Creelman assured the OAS that every opportunity is being given to any resident or group in the community to weigh in on the matter.

Jen Arnold, an OAS board member, said during council’s Nov. 12 meeting that the intent of a noise bylaw may be to improve residents’ quality of life. But it is crucial to consider the unique role of the OAS and other local groups.

At least allow the OAS an exemption for its activities such as the annual fall fair from a noise ban, should that be the outcome, said Arnold.

Creelman said council proposed a noise bylaw that received a first reading. Then there was some time allowed for public input and a meeting with the town’s bylaw enforcement staff ensued.

“The idea of a bylaw that had zero tolerance for amplified noise came up versus the version that is before us,” Creelman said. “So we’ve made no decision as of yet. We probably won’t until January.

“We want to make certain that anyone impacted by this bylaw has an opportunity to put their submissions to us.”

Arnold outlined reasons against a full ban on noise while highlighting the OAS’s contributions to the community.

“The Town of Mono must weigh the complaints of a few against the longstanding contributions of the OAS and the agricultural community,” she said. “A full ban on noise would not only undermine the OAS’s ability to serve the community but would also have far-reaching economic consequences.”

Concerns about noise from activities at the OAS Fairgrounds facility in Mono are understandable, she said. But anybody who moved into the area after 1996 should have been aware of the Fairgrounds and its activity, especially given those people were moving into a farming community.

“The Fairgrounds have been a longstanding part of the community and those who chose to settle into the area should have made themselves aware of this established feature,” she said and encouraged the town to consider the OAS and its activities in future site plans.

“A more proactive approach in this area would surely mitigate future complaints while preserving the historical and economic significance of the OAS,” Arnold said.

Creelman said there has been submissions from residents who believe the current noise regulations aren’t addressing their concerns. The possibility arose of adopting a zero-tolerance policy for amplified noise similar to one in nearby Orangeville.

Arnold said a balanced approach is needed to regulate noise, one “that supports community vibrancy, the local economy, and the unique contributions of the Orangeville Agricultural Society over these last 170 years.”

She suggested the OAS may commit to reviewing rental agreement terms in order to enact more significant policies with regard to noise. A committee could be formed to investigate the possibility of monitoring sound during events and mitigating its propagation during facility rentals.

“We certainly have got a lot of input from our residents,” Deputy Mayor Fred Nix said. “Some of that input suggesting the new bylaw, when we make a decision, would simply ban amplified noise.”

Arnold said she hasn’t received notification about any noise complaints centred on activities at the Fairgrounds. And no fines have been levied, either.

“Where is the due diligence on the town?” she said. “How do I know if there’s a complaint if they’re not notifying me?”

Arnold said the OAS would like to work with the town on an amended or refined noise bylaw.

“What can I do to help this?” she said. “What do you need from us?”

“When you lease out the facility, do you have any language in the contract where the person leasing acknowledges the existence of a noise bylaw and promises to abide by it?” Creelman said.

“Yes,” Arnold said. “We put it in our terms and conditions that there’s a bylaw in effect and the timeframes and this is what they must abide by.”

Those details have been in the documents since 2004, she said.

It’s been said in previous council meetings that Mono’s noise legislation should incorporate a definition of noise rather than an accepted decibel range.

The results of a noise bylaw survey of residents was tabled on Sept. 27 in a 116-page report to council. The noise bylaw is anchored in a definition of what characterizes noise as opposed to a decibel range that constitutes noise.

Using decibel readings as set out in the previous bylaw is very cumbersome for legal prosecutions. And, as cited in case law, three bylaws in Ontario municipalities have been struck down because of how the municipalities defined noise as something that disturbs or is unwanted sound.

For example, you may not like rap music and your neighbour listens to that genre of music. But that’s not a noise issue.

“When you rent the facility out, you say to the person you’re renting it to, Look you’re going to have to be careful on the noise and we’re going to make sure you are because … we’re going to stand there and listen,” Nix said. “If it causes discomfort, you’re in trouble. Could you do something like that?”

“Absolutely,” Arnold said.

Arnold has been the Fairgrounds manager since last year. Councillor Melinda Davie said residents have complained about noise there since long before Arnold started in her role. She said it’s understandable that Monster Truck shows and bull runs generate noise and she asked Arnold if the OAS investigates noise levels after those events.

“The Monster Trucks starts at two o’clock and it’s ended by four o’clock,” Arnold said. “So it’s within your noise bylaw. As well the bull runs are also within your noise bylaw. We’ve told them to turn it down to not aggravate our neighbours, but it’s still within the noise bylaw timeline.”

She received word about one complaint that was simply untrue, she said. The event in question concluded by 5 p.m. and there’s video footage of that as proof. OPP was also onsite the whole time, she said.

“So who made this complaint and how come I’ve never seen this?” she said.

“Obviously we’ve got to improve communication,” Creelman said.

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