Item - 2019.EC3.6

The Economic and Community Development Committee recommends that:  

1.  City Council amend Toronto Municipal Code Chapter 591, Noise as follows:

Definitions

1.  Add a definition of "Ambient Sound Level" to mean "The sound level that is present in the environment, produced by sound sources other than the source under assessment."

2.  Add a definition of "Amplified Sound" to mean "Sound made by any electronic device or a group of connected electronic devices incorporating one or more loudspeakers or other electro mechanical transducers, and intended for the production, reproduction or amplification of sound."

3.  Remove the definition of "Commissioner" and add a definition of "Executive Director" to mean "the Executive Director of Municipal Licensing and Standards or their designate or successor."

4.  Remove the definition of "continuous pouring of concrete."

5.  Add a definition of "dB(A)" to mean "The sound level in decibels obtained when using a sound level meter with the A-weighting."

6.  Add a definition of "dB(C)" to mean "The sound level in decibels obtained when using a sound level meter with the C-weighting."

7.  Amend the definition of "Highway" to mean "Includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof."

8.  Remove the definition of "Inhabitants."

9.  Add a definition of "Leq" to mean "The energy equivalent sound level or the continuous sound level that would result in the same total sound energy being produced over a given period of time."

10.  Remove the definition of "large crane work."

11.  Add a definition of "Motorcycle" to mean "A self-propelled vehicle having a seat or saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, and includes a motor scooter, but does not include a motor assisted bicycle."

12.  Amend the definition of "Motor Vehicle" to mean "Includes an automobile, a motorcycle, a motor assisted bicycle and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a road-building machine."

13.  Remove the definition of "Necessary Municipal Work" and add a definition of "Government Work" to mean "Construction, rehabilitation or maintenance work conducted by the City, the Province of Ontario, the Government of Canada and any of its agencies or agents including the operation of motor vehicles and equipment actually engaged in the work."

14.  Amend the definition of "Noise" to mean "A sound that a person finds disturbing to their peace, rest, enjoyment, comfort or convenience."

15.  Add a definition of "Noise Mitigation Plan" to mean "A plan as required and approved by the Executive Director, Municipal Licensing and Standards that addresses the mitigation of sound not in compliance with the requirements of this chapter from planned events or activities."

16.  Add a definition for "Persistent Noise" to mean "Any noise that is continuously heard for a period of ten minutes or more or intermittently over a period of one hour or more."

17.  Amend the definition of "Point of Reception" to mean "Any location on the premises of a person where sound originating from other than those premises is received. The following locations are points of reception:

a.  An outdoor area that is:

i.  near the façade of a building, at a height of 1.5 metres above ground, typically in backyards, front yards, terraces or patios; or

ii.  on a balcony or elevated terrace (for example, a rooftop) provided it is not enclosed; or

b.  An indoor area that is inside a building with windows and doors closed."

18.  Amend the definition of "Power Device" to mean "Any equipment driven otherwise than by muscular power used in the servicing, maintenance or repair of lawns, including chainsaws, lawn mowers, leaf blowers, grass trimmers or any other similar equipment. A power device does not include equipment used to remove snow or ice."

19.  Remove the definition of "Publication."

20.  Remove the definition of "Regular business hours."

21.  Add a definition for "Sound Level Meter" to mean "An instrument that measures levels of sound as approved for use by the Executive Director."

22.  Add a definition for "Unreasonable Noise" to mean "Any noise that would disturb the peace, rest, enjoyment, comfort or convenience of a reasonable person in the circumstances. Unreasonable noise does not include commonplace household or workplace sounds such as sound from furniture being moved, children playing or people engaging in conversation."

23.  Remove the definition of "Zones."

Specific Prohibition - Amplified Sound

24.  Delete section 591-2.1, prohibiting amplified sound from being projected beyond the lot line into any street or public place.

25.  Remove the differentiated time and place prohibition for amplified sound, and add a provision for the specific prohibition of amplified sound, establishing quantitative limits for amplified sound as follows: "No person shall emit or cause or permit continuous amplified sound, measured with a sound level meter at a point of reception in an outdoor living area, that has a sound level (expressed in terms of Leq for a ten-minute period), exceeding 50 dB(A) or 65 dB(C) from 11 pm to 7 am or 55 dB(A) or 70 dB(C) from 7 am to 11 pm."

26.  Add a provision for the specific prohibition of amplified sound that "if, during the course of an investigation, a Provincial Offences Officer such as a By-law Enforcement Officer, determines that it is not reasonable to measure from a point of reception in an outdoor living area, then no person shall emit or cause or permit continuous amplified sound that, measured with a sound level meter at a point of reception in an indoor living area, has a sound level (expressed in terms of Leq for a ten-minute period), exceeding 45 dB(A) or 60 dB(C) from 11 pm to 7 am or 50 dB(A) or 65 dB(C) from 7 am to 11 pm."

27.  Add a provision that despite the specific prohibitions for amplified sound where the ambient sound level at a point of reception exceeds the maximum sound level under those subsections, no person shall emit or cause of permit continuous amplified sound that, when measured with a sound level meter at a point of reception, has a sound level (expressed in terms of Leq for a ten-minute period) that equals or exceeds the ambient sound level.

Specific Prohibition – Animals

28.  Remove the differentiated time and place prohibition for animals and add a specific prohibition for animals as follows: "No person shall cause or permit persistent noise, including barking, calling or whining or other similar persistent noise, to be made by any animal kept or used for any purpose."

Specific Prohibition - Construction

29.  Remove the differentiated time and place prohibition in section 591-2.1 subsection B(1) for construction and set a specific prohibition of construction as follows: "No person shall emit or cause or permit the emission of sound resulting from any operation of construction equipment or any construction that is clearly audible at a point of reception from 7 pm to 7 am the next day, except until 9 am on Saturdays; and all day on Sundays and statutory holidays."

30.  Remove section 591-2.1 subsection B(2) to remove the exemption for continuous concrete pouring and large crane work.

Specific Prohibition – Loading and Unloading

31.  Remove the prohibition by time and place for loading and unloading and add a specific prohibition as follows: No person shall emit or cause or permit the emission of sound resulting from loading, unloading, delivering, packing, unpacking, otherwise handling any containers, products or materials from 11 pm to 7am the next day, except until 9 am on Saturdays, Sundays and statutory holidays."

Specific Prohibition - Motor Vehicles

32.  Remove the provisions in section 591-3, and add a provision prohibiting sound resulting from unnecessary motor vehicle noise, such as the sounding of a horn, revving of an engine, squealing of tires, banging, clanking or any like sounds, if the sound is clearly audible at a point of reception.

33.  Remove the differentiated time and place prohibition for vehicle repairs, and add a specific prohibition as follows: "No person shall emit or cause or permit the emission of sound resulting from the repairing, rebuilding, modifying or testing of a vehicle if the sound is clearly audible at a point of reception from 9 pm until 7 am the next day, except until 9 am on Saturdays, Sundays and statutory holidays."

34.  Add a provision prohibiting sound from a motorcycle if it emits any sound exceeding 92 dB(A) from the exhaust outlet as measured at 50cm, while the motorcycle engine is at idle.

Specific Prohibition - Power Devices

35.  Remove the differentiated time and place prohibitions for power equipment, and set a single time prohibition of 7 pm until 7 am the next day, except until 9 am on Saturdays, Sundays, and statutory holidays.

36.  Add an exemption for any power device used for the purpose of maintaining a golf course or a public park.

Prohibitions by time and place

37.  Remove section 591-4 "Prohibitions by time and place."

General Limitations on Stationary Sources and Residential Air Conditioners

38.  Amend section 591-5 as follows: "No person shall cause or permit the emission of sound from a stationary source or residential air conditioner that, when measured with a sound level meter a point of reception, has a sound level (expressed in terms of Leq for a one-hour period) exceeding 50 dB(A) or the applicable sound level limit prescribed in provincial noise pollution control guidelines."

39.  Add a provision that the general limitations on stationary sources shall not apply to stationary sources where the emission of sound is in compliance with a provincial environmental compliance approval.

Limitation on Sound Levels for Residential Air Conditioners

40.  Remove section 591-6 "Limitation on Sound Levels for Residential Air Conditioners."

Unreasonable and Persistent Noise

41.  Remove section 591-2 and add a provision for "Unreasonable and Persistent Noise" as follows "No person shall make, cause or permit noise, at any time, that is unreasonable noise and persistent noise."

42.  Add a provision that the section on unreasonable and persistent noise only applies to sound or noise that is not described in section 591-2.1 through section 591-2.8.

Exemptions

43.  Remove section 591- 9 and add a provision for "Safety and Government Work" as follows "Despite any other provision of this chapter, it shall be lawful to emit or cause or permit the emission of sound from:

a.  Bells or sirens required for the purposes of public safety including sirens when operated by Police Services, Fire and Paramedic Services, or bells or whistles operated by rail or transit services.

b.  Measures undertaken for the immediate health, safety or welfare of the inhabitants of the City under emergency circumstances.

c.  Government work.

Exemption Permits

44.  Add a provision to allow exemption permit applicants to apply for an exemption permit from a noise prohibition or noise limitation provision in connection with one or more events or activities for no more than a three month period.

45.  Add that the Executive Director, Municipal Licensing and Standards, may request any relevant additional information as part of the exemption permit application process, to the satisfaction of the Executive Director, including reasons supporting an exemption permit; a noise mitigation plan; a statement certified by a professional engineer or acoustical consultant for any sounds that are not technically or operationally feasible to control.

46.  Add a condition requiring exemption permit applicants to post notice of noise exemption in a visible location where the event or construction will occur 7 days prior to the event. This condition may be altered or waived by the Executive Director, Municipal Licensing and Standards.

47.  Add a provision that the Executive Director, Municipal Licensing and Standards, may request, as a condition of approval, a noise mitigation plan, or that the sound levels resulting from each event or activity shall be monitored by City staff with the applicant paying the charges for this monitoring as set out in Chapter 441, Fees and Charges.

48.  Add that the Executive Director, Municipal Licensing and Standards, may revoke a permit, with or without notice, if there is non-compliance with any terms.

Offences

49.  Amend section 591-11 to:

a.  Increase the maximum fine to $100,000;

b.  Add a special fine in an amount equal to any economic gain obtained from non-compliance;

c.  Designate each offence as continuing offence with a maximum daily fine of $10,000 and a total fine which may exceed $100,000;

d.  Include offences for obstruction and failure to provide information as required;

e.  Include authority to enter to inspect, to make orders to comply and to take remedial action.
 

Transition

50. Add provisions for "Transition" as follows:

"The provisions of this Chapter do not apply to exemption permits granted before October 1, 2019 provided that the holder of such permits continue to comply with the conditions of their original permits and that such permits are not revoked, terminated and do not expire."

"All prosecutions and other enforcement processes commenced under this chapter which have not been completed on October 1, 2019 shall be completed as if the chapter had not been amended on that date."

Set Fines

2.  City Council direct the Executive Director, Municipal Licensing and Standards to apply to the Ontario Court of Justice for any new set fines, or to increase the current set fines.

Implementation

3.  City Council authorize the City Solicitor and the Executive Director, Municipal Licensing and Standards to make such technical and stylistic amendments to Chapter 591, Noise as required to give effect to City Council’s decision.

4.  City Council direct that the changes to Toronto Municipal Code Chapter 591, Noise, come into force on October 1, 2019.

The Economic and Community Development Committee:

1.  Directed the Executive Director, Municipal Licensing and Standards, to meet with stakeholders, prior to the April 16 and 17, 2019 City Council meeting, to discuss concerns and to provide clarification on the proposed Amendments to Toronto Municipal Code, Chapter 591, Noise.

The Director, Policy and Strategic Support and the Director, Investigation Services, Municipal Licensing and Standards gave a presentation on Noise By-law Review: Proposed Amendments to Chapter 591.

This report proposes substantial amendments to the Noise By-law (Toronto Municipal Code Chapter 591), after a comprehensive review. The Noise By-law provides standards for noise, and applies to all properties in Toronto. The existing By-law was last updated in 2010, but has not been comprehensively reviewed since 2002.

The proposed changes to the Noise By-law address several specific noise issues such as amplified sound, the general prohibition, and noise from construction, power devices, and motor vehicles. These changes contribute to simplifying the Noise By-law by aligning time constraints between similar activities, and otherwise clarify the standards set for noise, by introducing decibel limits for amplified sound and motorcycles. Additional changes, such as providing Municipal Licensing and Standards (MLS) the authority to request noise monitoring and noise mitigation plans as part of the exemption permit process, support the proactive mitigation of noise. Where noise contravenes what is permitted, MLS proposes increasing fines and penalties.

In a city as large and diverse as Toronto, managing and regulating noise is a complex undertaking. Residents wish to enjoy their homes and environments. For some, this may mean relaxing in a lounger in the backyard, for others it may be having a meal on a café patio, and for others still it may be attending outdoor concerts. A Noise By-law must balance these desires with many other factors. The city is also experiencing a high volume of construction activity as housing and transportation infrastructure is being built to meet the needs of the city's growing population. According to public opinion research conducted on behalf of the City, 64% of residents believe that noise levels in Toronto are reasonable and reflect life in a big city, while 36% of residents believe that more needs to be done to restrict noise because of potential negative health consequences. There is a growing awareness of the health impacts of environmental and ambient/background noise, highlighted by international bodies, such as the World Health Organization (WHO).

At the City, Toronto Public Health (TPH) is currently working with City partners, including MLS and City Planning, to develop a Noise Action Plan to identify potential environmental noise mitigation strategies. By comparison, the City of Toronto’s Noise By-law, Toronto Municipal Code Chapter 591, regulates episodic types of noise, which are generally related to the day-to-day activities of residents and businesses.

MLS began reviewing the Noise By-law in 2015. In 2016, with direction from the Licensing and Standards Committee, a Noise Working Group (NWG) was convened with stakeholders from resident associations, business improvement areas, the music and entertainment industry, the construction and building industry and other City divisions and agencies. The NWG met nine times and concluded in 2017. The group reviewed current and proposed amendments to the Noise By-law and highlighted issues for further research and consultation.

In April 2018, MLS reported to City Council with an update on the outcomes and lessons learned from the NWG. City Council directed MLS to complete additional work including third-party public opinion research, and technical reviews by acoustical engineering firms. City Council also directed MLS to engage a third-party facilitation firm to conduct an additional round of public consultations, which were completed in February 2019. MLS also consulted with industry and resident groups, and conducted additional research and analysis, including an expanded jurisdictional scan.

This report was prepared in consultation with Legal Services, Toronto Public Health, Economic Development and Culture, Engineering and Construction Services, and the Toronto Transit Commission.