311 Was Correct In Directing My Complaint to Police, But ...

I sent an email to 311 to request a noise complaint be forwarded to the department that takes care of the Neighbourhood Liveability By-Law. It was a noise complaint regarding people making noise in the middle of the night. It was a noise complaint regarding repeat offenses of people yelling, screaming, swearing, and smashing property in the middle of the night, over several nights.
In the email, I asked that the issue be forwarded to the department that takes care of the Neighbourhood Liveability By-Law. The issue was forwarded to the police.
I was under the belief that the By-Laws were enforced by the By-Law department. When I spoke with a member of the Police Community Support Unit, I asked who enforces the Neighbourhood Liveability By-Laws and was told it was the By-Law department. But what I failed to ask is if the entire Neighbourhood Liveability By-Law was enforced by the By-Law department. It seems that Section 67 is not enforced by the By-Law Department. In fact, Section 67 (which deals with human and animal noises) is taken care of by two different department, depending if it is human noise or animal noise. The human noise is taken care of by the Police, and the animal noise is taken care of by Animal Services. How confusing is that!
So, when I asked the member of the Police Community Support Unit who takes care of the issues I was referring to, I should have asked "Who takes care of Section 67 as it applies to human noise, of the Neighbourhood Liveability By-Law?". That was my mistake, and I wish to apologize for the error.
Now, I just have one more question. Does anyone fine the people who are in violation of Section 67 as it applies to human noises, of the Neighbourhood Liveability By-Law? Or do the Winnipeg Police just go to the location of the violation and ask them to be quite?
I have to be honest with you. When I first read Section 67 of the Neighbourhood Liveability By-Law I got excited. I thought finally, there was something that protected neighbourhoods from excessive noise. I thought this little By-Law could prove to be useful in taking care of Party Houses. What I know so far is that I have to call the police each time the noise happens, and call when the noise is happening. And I have to keep doing this over and over again. I am not sure to what end just yet. But that is what's required.
Do the Police fine the individuals making the noise? I don't have an answer on that yet.
How many noises can a noise maker make? I don't have an answer on that yet either.

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

Woken up at 3:48AM - sent complaint to 311

I was woken up again from the Party Duplex bringing their loud shouting, swearing and unpleasant banter outside. This time it only lasted twenty minutes. I think it was 4 degrees below zero last night. I guess they didn't like the temperature and went back inside by 4:10. But that did not change the fact that we were woken up again. And we were kept awake for twenty minutes while listening to these inconsiderate people yelling and swearing at each other.
I sent an email to 311. I am lodging a complaint regarding noise. According to the Neighbourhood Liveability By-Law, this noise is not acceptable. Here's hoping something will get done.

I would like to make a noise complaint regarding ####### Ave.

I was woken up last night at 3:48AM by loud shouting and swearing coming from the back yard of ####### Ave. This went on for twenty minutes last night.

I was also woken up last weekend by noise coming from the back yard of ####### Ave.

Sunday Sept 12 at 3:00am I was woken up by loud yelling and swearing. It went on for two hours, until 5:00am. A guest of ####### Ave, who drives a burgundy K-Car was also driving his loud car up and down the alley all night, starting at about midnight. The car has no muffler and makes a terrible noise.

I was also woken up on Saturday morning Sept 11 at 4:20am by loud yelling and swearing coming from the back yard of ####### Ave. The woman yelling in the back yard was also smashing a vehicle that was in the same back yard.

I was also woken up by loud yelling, swearing, screaming, threats to neighbours, breaking of windows, breaking of fence on the morning of Aug 20 at 4:30am coming from the same back yard. This incident resulted in the police arriving the next day and action being taken, including the residents leaving. But it was only a temporary relocation and they residents are back. They are continuing the disturb the neighbourhood.

According to the Neighbourhood Liveability By-Law, this noise is not acceptable. I would like action taken regarding this issue. I would like to know what is being done with this issue.

Comment: "nothing happened until they murdered someone on our front street"

I received a comment on a post I did on Sunday Sept 12 entitled I Call The Police This Morning For Advise On The Party Duplex . This post was regarding a problem house on my block. The neighbourhood has been calling the police all summer regarding problems with drinking and loud shouting matches all night long. The By-Law Officers have been called regarding large amounts of garbage in the yard. The tenants were temporarily removed at the end of August. The house was cleaned out. And the tenants moved back in. Now the partying has started again. When I called the police I was told to just keep calling when there are isues and eventually the landlord will get tired of dealing with the issue and evict the tenants.
The comment I received reads as follows:

It has to get very bad before the police will actually do anything, i called the police, landlord and eventually the real estate agent on the sign at the property that was the source of hell beside my home, nothing happened until they murdered someone on our front street.
I hope it never gets that bad for you and your neighbors.

There needs to be a change to the Residential Tenancy Act. There needs to be a change to the Neighbourhood Liveability By-Law. The problem houses need to be dealt with long before a murder occurs in someones front yard.

I Call The Police This Morning For Advise On The Party Duplex

I called the police this morning. I wanted to know what I can do, in a pro-active way, to remove the problems coming from the Party Duplex. I told the officer that I did not call the last two nights in the middle of the night because I was not sure anything would be done. I went through a brief history of the residence and the visits from the Police and the City By-Law Officer. I said even after everyone was removed a few weeks ago, they were brought right back in to the house to start the process over again.
I was met with sympathy and understanding. I was told to call the police in the middle of the night each time there is an issue. I was told the police would try to come out when the issue is happening, and they are not always too busy. I was also given the phone number for my district police office and told to give them a call.
I called the district police office and told that officer the same thing. Again, I was met with sympathy and understanding. I was encouraged to call the Police every time there is an issue, and to call when the issue is in progress. I was also told that there is a Livability Act that I should look into. I was told about the Community Support Unit, and I was told to contact my local MLA. I was told to have my neighbours sign a petition and sent it to my MLA.
I asked the officer what it would actually take to have these tenants removed. I told him that I was a landlord for a while and know that it is very difficult to evict problem tenants. The answer I got was that if we keep calling our complaints in to the police and keep informing the landlord about the issues that eventually the landlord will get tired of it and get rid of the tenants or the tenants will tire of the harrassment and move.
That was not the answer I was looking for. Where are the rights of the neighbourhood? And how bad does it have to get before a landlord finally has the right to, or is forced to evict a tenant?

I took a look at that Neighbourhood Liveability By-Law which I found on line at http://www.winnipeg.ca/CLKDMIS/Documents/DocExt/BL/2008/2008.1.pdf
Under the section of Basic maintenance
Section 4(1) properties must be safe .... and pose no threat to neighbours
Section 5 There is a general obligation to maintain the property
Section 6(1) the property should be free of garbage
Section 8(1) vegetation should not be unsightly
Under the section of Nuisances and Unsanitary Conditions
Section 29(2) the landlord should control infestations of rats, mice, pests and ensure to not provide food or harborage for pests
Section 29(3) there is an obligation to prevent existance of rats, mice, pests
Section 36(4) windows are to be kept in good repair
Section 53(1) occupants must not deposit, discard, leave garbage on street, public place, private property
Under the section for Noise
Section 67(2) noise is looked at by different criteria
  a- time of day / day of week
  b- nature and use of area where noise emanates and nature and use of area where noise is heard
  c- nature of activity producing sound
  d- volume, duration, nature of sound and whether the noise is recurring, constant or intermittent
  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 (what does that even mean?)

These seem to be the sections of the Neighbourhood Liveability By-Law that are in violation that I can see from the outside. So why are the tenants back in the house?