Two new categories in Tiny Township's noise bylaw attempt to clarify times of use for domestic tools and lawn maintenance equipment.
The issue came up at a fall meeting when Katarina Staniszewski and her partner Trevor Watson asked council to take a closer look at construction-related noise, the use of leaf blowers and other machinery used as hobby tools.
A few discussions later, staff came back to council with research backing the addition of two new categories to expand the noise bylaw.
"Through staff review of this subject, we became aware that a few other municipalities are regulating domestic tools and lawn maintenance equipment," said chief municipal bylaw enforcement officer Steve Harvey, who added the best example staff found was in the Town of Richmond Hill.
"They used two definitions (domestic tools and lawn maintenance equipment). What this does is provides things into a proper category as opposed to being put into two definitions," he said. "The timing is fairly similar to a lot of the other municipalities."
The report also outlined the prohibited periods of time for both categories. Staff is recommending that the use of domestic tools be prohibited from Monday to Friday, between 9 p.m. and 8 a.m., and Saturday, Sunday, and statutory holidays, between 9 p.m. to 9 a.m. Further, the report outlined the prohibited times of use for lawn maintenance tools, which cannot be used from 9 p.m. until 8 a.m. on Monday to Friday, and 9 p.m. to 9 a.m. on Saturday, Sunday, and statutory holidays.
Staniszewski said she wasn't clear how that was helpful in achieving what she and her husband had set out to do.
"I do not think these amendments have answered any of our concerns, from what I have read online," she wrote in an email. "Frankly, it is quite disappointing. I think both council and the bylaw department have failed to recognize and consider the logistics of what we were trying to achieve."
Back at the council meeting, some members were also unclear on some aspects of the proposed amendments.
"I know it's outlined in the bylaw but can you tell me what prohibited hours for commercial construction noise are?" asked Deputy Mayor Steffen Walma.
For construction, permitted time is 7 a.m. till 7 p.m. on weekdays and 7 a.m. till 8 p.m. and 9 a.m. till 8 p.m. on weekends, said Harvey.
Walma said he wasn't sure if these amendments would align with the recent township water provisions bylaw update.
"If you want to wash in your driveway on our municipal water system, there's a certain time of day you can do that," he said. "It doesn't fall within our ability to have lawn equipment or domestic tools. A lot of people use pressure washers. In general, I'm supportive of the addition of the definitions, but I don't agree with the time sets."
Harvey agreed that power washers would fall under the domestic tools definition.
"If they're washing it by hand, then the watering bylaw will apply," he added.
Coun. Tony Mintoff said he didn't see a conflict.
"If my memory serves me correctly," he said, "I believe the latest change to the watering provisions allow for the washing of one car per day and there's no time specified for that purpose, so I don't see how washing of a vehicle actually comes into play."
The watering provisions bylaw lays out that on scheduled days residents may use water for power washing for safety/painting preparation anytime of the day, however, washing vehicles may only be done between 5 a.m. and 8 a.m. and 7 p.m. and 10 p.m. on scheduled days, only one vehicle per calendar day per residence.
Coun. Gibb Wishart said he thought the focus should be on the noise.
"There's a difference between a person using a tool for a hobby or home maintenance than a person using a tool for construction," he said. "I think we need to set specific times and noise levels and respect people's quiet enjoyment of their property."
The confusions generated a push for an overall review of the noise bylaw.
"Having heard from you and Deputy Mayor Walma," said Mayor George Cornell, in response to Wishart's comment, "I would support having a more comprehensive discussion with regards to the noise bylaw and its implications. Ideally, if we can do it during the first quarter, that would be great."
Tim Leitch, director of public works/acting chief administrative officer, said the report was designed to provide some clarity so that when a final bylaw is brought forward noise for all the different scenarios is covered.
"The intent of this was to provide some immediate relief and definitions and allowing us the time to put together the proper bylaw," he said. "We can try and target the first quarter."
