By Lyonel Doherty, Times Chronicle
Regional directors aren’t prepared to give their blessing to the new noise control bylaw until field tests are conducted.
Staff recommended the bylaw be read three times for Areas C, D, E, F and I. It does not apply to rural Osoyoos because Area A does not have a noise bylaw.
Directors raised concerns about how the bylaw will affect local businesses whose noise will now be measured using new decibel meters.
Regional directors debate noise bylaw
The proposed bylaw allows natural resource extraction uses to exceed noise levels to a maximum of 85 dBA Monday to Friday between the hours of 7 a.m. to 5 p.m.
It also allows motorsport facilities like Penticton Speedway to exceed noise levels to a maximum of 95 dBA between the hours of 10 a.m. and 10 p.m.
Regional planning manager Chris Garrish said the use of decibel meters is anticipated to provide a more reliable and practical approach to enforcement.
Regional director Karla Kozakevich brought up the issue of the Speedway and asked where would the decibel reading be taken from, the complainant’s house or at the race track? She asked the same question about other businesses.
Garrish said there are two options – at the complainant’s property line or within six metres of the offending property.
“This is a whole new approach for us. We don’t know which option will be the most common . . . we won’t know until we start actively measuring (noise) in various communities.”
Kozakevich said the board needs to determine this, noting the bylaw could become quite problematic for some businesses.
The director from Naramata said she can hear the Speedway from her deck on certain evenings.
“It doesn’t bother me, but we need to make sure this is sorted out and it’s a consistent approach with all complaints coming in.”
Area C director Rick Knodel questioned how neighbouring businesses that create noise will be handled and if any will be “grandfathered” under the bylaw.
Garrish said there will be no grandfathering provisions. He added that staff will come back to the board to report how the new bylaw is working and if there are any challenges to overcome. He noted if they find the region’s decibel levels are not appropriate (too high or too low), then staff will seek further direction from the board.
But Knodel said he wouldn’t want to see any business penalized until the board establishes the proper criteria.
Garrish said bylaw enforcement will operate the same as always by responding to complaints, but this time they will have decibel-measuring equipment.
Chief Administrative Officer Bill Newell said this is one of those bylaws that will make some people happy and others unhappy.
“This will be trial and error because decibel meters are new for us, they will need adjustment,” he said, adding if they are too onerous staff will come back to the board.
Knodel suggested they be more lax and forgiving at the start.
Director Riley Gettens wanted to ensure that only staff will be measuring the decibels and not citizens with phone apps. Garrish confirmed that readings will only be taken by bylaw officers. He said the concern with apps is it’s difficult for staff to know what citizens are measuring and where the noise is coming from.
Garrish said the decibel-measuring equipment will cost approximately $10,000 (for three high-end readers and their maintenance).
Kaleden director Subrina Monteith said neighbours of Linden Gardens have expressed concern about “noise every weekend all summer long.” She noted the property owner actually favours the new bylaw because they want to understand what their limits are.
Monteith said one neighbour who is 290 metres away from the business used an app on their phone to record 91 dBA, while another neighbour three doors down used an app which recorded 61 dBA. She said a lot of factors play into these measurements such as proximity and topography.
Kozakevich said the board has to be cautious, realistic and fair. She asked if the board will resort to fining businesses like Penticton Speedway and shutting them down. She pointed to “super noisy” boats on Okanagan Lake, saying you won’t see bylaw officers going after them.
“I think it’s going to be really challenging and not end up with a problem or possibly end up in court because of how it’s being applied against a business.”
Kozakevich, who is also the general manager of Area 27 Motorsports Park in Oliver, said the proposed noise bylaw will not impact Area 27 because regional bylaws have no jurisdiction over First Nations land.
She said the maximum permitted decibel level on any vehicle at Area 27 is 103 dBA.
“My understanding that testing from the perimeter of the track property does not yield a decibel level higher than 70.”
Kozakevich pointed out she has not received any noise complaints this year.
“There was one complaint last year that I am aware of.”
Knodel said his constituents are in favour of this bylaw. He also noted that decimeter apps on phones are not reliable because they can vary 20 to 30 dBA.
Directors discovered that regional district staff have not spoken to Penticton Speedway about the bylaw, which concerned Area D director Ron Obirek.
“If it was my business I might be offended if nobody asked me.”
In the end, the board agreed to postpone three readings of the bylaw until staff conduct decibel testing to establish accurate readings.
The regional district’s new noise bylaw will utilize decibel meters to measure sound when complaints are reported.
File photo
