Sunday, September 19, 2010

311 Will Not Send My Complaint To By-Law Office

I sent a noise complaint to 311 regarding the Party House a few doors down. I did this because the neighbourhood has rights, according to the Neighbourhood Liveability By-Law. I want the By-Law department to be aware that there is a noise violation occurring on my street. I want the By-Law people to know the Party House is continuing to disturb the neighbourhood in the middle of the night, waking up the residents of my street.
I already talked to the police, and made a report with them. I also asked the officer if he could tell me who actually enforces the Neighbourhood Liveability By-Law. I asked because 311 sent me an email saying they sent my complaint to the Police. The officer told me the By-Law department enforces the Liveability By-Laws. The officer said the offending people will be fined for making the noise.
So I replied to the 311 e-mail. I specifically stated in my email that I wanted the complaint to go to the By-Law department. I received a reply from 311 that the Police deal with noise complaints regarding people and the By-Laws department only deals with noise complaints made my machinery.
Do I have to quote the By-Law act to them? Do I have to educate the 311 agents? Or am I and the police officer I spoke with both wrong? I specifically asked for my email to go to the By-Law department and it was refused. So, I forwarded the email to a person in the By-Law department to see if 311 is correct. I want to know if I am allowed to request this information go to the people who can fine the individuals making the noise.
If the By-Law department are not aware of the noise issues taking place at the residence, then they are not able to get a complete picture of the By-Law related infractions at the residence. I was not calling 311 at 4:00am asking them to go to the residence and tell them to be quiet. I was not calling 311 to take immediate action on an issue that may get out of hand. I was contacting 311 after three instances of noise to have the repeat issue forwarded to the department that takes care of noise violations.

Here is the noise section of the act that pertains to human noise and animal noise:

Noise nuisance prohibited
67(1) Except to the extent permitted under this By-law, a person must not make or continue, or cause to be made or continued, or own or harbour an animal that makes:
(a) an unreasonably loud, unnecessary or excessive noise or sound;
(b) a noise or sound which unreasonably disturbs, injures or endangers the comfort,
repose, health, peace or safety of a reasonable individual of ordinary sensitivity; or
(c) a noise or sound which is so harsh, prolongued, unnatural or unusual in time and
place so as to occasion unreasonable discomfort to any individual or so as to
detrimentally affect residential properties or places of business.
67(2) In determining whether a noise or sound has been made which contravenes subsection (1),
the following factors, among others, may be taken into account:
(a) the time of day and day of the week on which the noise or sound was made;
(b) the nature and use of the area from which the noise or sound emanates and the
nature and use of the area at which it is received;
(c) the nature of the event or activity producing the noise or sound;
(d) the volume, duration and nature of the sound, including whether it is recurrent,
intermittent or constant; and
(e) the ‘A’ weighted sound level of the noise or sound and the ambient sound level, if
measured, but not ‘B’, ‘C’ or ‘linear’ weighted sound levels.
Certain activities prohibited

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