2024.EC9.5Discussion

Implementation Review of the Noise By-law

Feb 7, 2024
Description

In a city as large and vibrant as Toronto, certain levels of noise are reasonable and reflect life in a densely populated city. Toronto Municipal Code, Chapter 591, Noise (“Noise By-law”) balances the city’s vibrancy with the needs of residents and visitors and provides time restrictions and sound level limits for various types of noise. The By-law works to set out clear and enforceable noise rules across the City, while providing flexibility to meet local needs. As directed by City Council, the purpose of this report is to review the successes and challenges of the implementation of the comprehensive changes to the Noise By-law that were made in 2019, and to recommend refinements to the By-law. The amendments made in 2019 resulted in notable changes such as the introduction of sound level limits for amplified sound and motorcycles, enhancements to the noise exemption permit process, and the introduction of a dedicated noise enforcement team with late night coverage. After a thorough review of the current Noise By-law in 2023, including extensive research scans, stakeholder engagement and technical advice from an acoustical engineering firm, staff recommend several refinements to the By-law, including: Modernizing the exemption permit process, such as introducing activity-based permits that differentiate higher and lower impact activities. For the amplified sound section, lowering nighttime indoor limits by 3 decibels and incorporating instrument sound into the section, with an associated definition. Implementing Council direction to add a motor vehicle noise decibel limit (in addition to limits currently in place for motorcycles), to be enforced alongside the Toronto Police Service (TPS). Introducing a pathway for residents to submit complaints on waste collection noise and for City staff to communicate with industry on persistent noise issues. Making technical amendments to definitions, such as clarifying the language of “point of reception” in the By-law to accommodate measurements from the property line of a point of reception as needed. Incorporating sound-induced vibration into the prohibition on “unreasonable and persistent” noise to enable a more sufficient response to public concerns about the health impacts of prolonged exposure to sound-induced vibration. This report also includes several additional actions, including updating the 311 service requests (complaints) process, conducting a City-wide public education campaign, requesting the provincial government change legislation to allow for the City’s use of automated noise radar when the technology is ready, updating fees for noise exemption permits and noise monitoring along with an associated resource request to support upgrades to the noise exemption permit process, and operationalizing adjustments for sound level measurements, such as a penalty for tonal elements such as a hiss, hum, or buzz. According to public opinion research conducted on behalf of the City in 2023, 51 percent of residents believe that noise levels in Toronto are reasonable and reflect life in a big city, while 49 percent believe that more needs to be done to restrict noise levels because of potential negative health consequences and impacts to quality of life and well-being. Managing and regulating noise is a complex undertaking and proposed changes attempt to maintain the balance of multiple competing interests of people living, working, and visiting the city. This report was prepared in consultation with Legal Services, Technology Services, Toronto Public Health, and Solid Waste Management Services.

Decided at
City Council - Meeting number 14
Feb 7, 2024
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