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Councillor drumming up support for noise police

'Someone could literally be pounding on drums for 14 hours straight and there's absolutely nothing that could be done other than lay a criminal charge,' Harvey says
loud noise cover ears

Coun. Gary Harvey doesn't want anyone turning it up to 11. 

At last night's general committee meeting, Harvey brought up an item for discussion, aimed at possibly creating new rules within the city's noise bylaw regarding the length of time musical instruments can be played in residential areas. He believes this would give bylaw officers better "tools" needed for enforcement.

The Ward 7 councillor says city police have recently been called on several occasions to a home in his ward. 

"The decibel levels between these homes are between the high 60s and upwards into the 70s. We have a bylaw in place for air-conditions not to exceed 50 decibels," but nothing for instruments, he said. 

Harvey questioned why something similar couldn't be done to similarly regulate noise generated by instruments. 

"It seems likes there's a lot of discrepancy in the way our bylaws are written at this stage in the game," he said. 

Harvey says bylaw officers don't have tools to handle daytime noise complaints. 

"Right now, the way it's wide open, someone could literally be pounding on drums for 14 hours straight and there's absolutely nothing that could be done other than lay a criminal charge," Harvey said, which he believes is a step too far.

Coun. Sergio Morales said the discussion is "topical," as he has heard similar concerns in other parts of the city. 

Coun. Keenan Aylwin asked about rules currently in place across Barrie. 

Dawn McAlpine, the city's general manager of community and corporate services, said there's nothing specific to musical instruments, although there are restrictions against noise considered to be causing a disturbance.

"Those restrictions, though, are in the evening. What is being requested is during the daytime hours," she said.

Although musical instruments aren't defined in the bylaw, McAlpine said there are provisions for what's considered "amplified sound. Unamplified sound is something that we may want to define," she added. 

"And as soon as you amplify it, it's a different story," Harvey said. "If you were to check the decibel levels on an electric guitar, opposed to a set of drums or another loud musical instrument, the decibel levels are probably not that different."

Aylwin said he couldn't support it. 

"I just think it's a little heavy-handed in terms of use of musical instruments during the day," he said. "I don't think we should be taking up valuable staff time studying the issue."

Mayor Jeff Lehman said whether the noise is created by an air-conditioner, a bandsaw or a set of drums, the issue is the noise and not its duration.

The mayor said the wording of what city staff should look into, and possibly restrict, shouldn't be the length of time that instruments are allowed, but rather how the existing noise bylaw can be applied "consistently regarding all noise, regardless of the reason."

"That I can probably get behind," Lehman added. "I'd be particularly concerned about gassing an item that specifically targeted musical instruments, because I fear it will be misinterpreted, though it may be with all good intentions."

Harvey said he was willing to reword the item per Lehman's suggestion and it passed unanimously. 

City staff will report back to general committee.