Noise complaint issue
 

http://www.thestar.com/Comment/article/555597

Court an expensive way to deal with a noise complaint issue

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I hope my neighbours read this.

Hello...yappy the barking dog, and music blasters.
You're busted.

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Mic67

http://www.myhamilton.ca/Hamilton.Po...22/PD02166.pdf

"City of Hamilton Noise Control By-law and expands upon this exemption area east to .... Complaints are referred to the management of the airport and for ...
http://www.myhamilton.ca/Hamilton.Po...DFs/committee- of-the-whole/2002/Oct22/PD02166.pdf "
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http://74.125.95.132/search?q=cache:...lnk&cd=9&gl=ca

Property Standards
Property Standards ensures that Property Standards by-laws are enforced. It is a
minimum standards by-law, not a beautification by-law. They received a total of
10,313 complaints last year (2005): 2,600 property standards, 2,057 noise
complaints, 2,800 yard maintenance, and 500 zoning. There are 20 inspectors in
total one of whom is dedicated to taxi licensing and the other 19 to inspections.
They deal with:
• Noise complaints (Hamilton Police Services are involved if there are
minors present),
• Business licensing
• Residential care facilities
• Taxi licensing
• Yard maintenance (garbage, cars, etc.)
• Heat by-law – between September 30 and May 31, the temperature
should be 68 degrees or higher per habitable room.
• Vital Services By-Law: Property Standards is working with the utility
companies to ensure that tenants who rent units where utilities are
included in the rent and the landlord does not pay the utilities have
continued service. When necessary, the city will step in and pay the
arrears and charge the landlord’s property tax bill.

Inspectors are not advocates fro tenants or landlords. They have to be
subpoenaed to go to the Tribunal. It costs $5.00 to get documents from them and
people need to sign a Freedom of Information release. Alternatively, if the
inspector posts something on the walls tenants can photocopy or take pictures of
it.

"Property Standards main number: 905-546-2782"
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http://74.125.95.132/search?q=cache:...lnk&cd=1&gl=ca

SUBJECT: Noise By-law (PD02166) (City Wide)

"SUBJECT: Noise By-law (PD02166) (City Wide) - Page 3 of 10

Commercial/Residential
The production, reproduction or amplification of sound (stereos, speakers and bands)
will not be permitted outdoors between 11:00 p.m. and 7:00 a.m. of the following day.
Otherwise the production, reproduction or amplification of sound regardless of whether
the sound originates indoors or outdoors is not permitted at any time when the sound is
clearly audible at a point of reception."

Page 5 of 10

Commercial/Residential
Another section new to all areas of the City of Hamilton is the proposed regulation that
“No person shall emit or cause or permit the emission of sound resulting from the use
of, any electronic device or 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 outdoors between 11:00 p.m. and
7:00 a.m. of the following day.” This section is intended to control outdoor patios and
backyard parties without having to rely on either a qualitative or quantitative method.

Page 9 of 10

Other speakers expressed their concerns regarding specific noise problems which
impact their quality of life. These included situations such as music from abutting
residential households and bars, fast food drive throughs, race tracks, gun clubs,
airports, industrial noises and events at Bay Front Park. Staff confirmed that the
proposed By-law will continue to regulate these types of noises.

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http://thesil.ca/?p=625
" Community members and McMaster students continue to duke it out over turf in Westdale."

http://74.125.95.132/search?q=cache:...nk&cd=37&gl=ca

The Hamilton Police Service, McMaster University, the McMaster Students Union,
the Westdale BIA, the City of Hamilton and Members of the Ainslie Wood Westdale Community Association (AWWCA) are committed to working together to solve
recurring quality of life issues.
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http://www.attorneygeneral.jus.gov.o...la-pubsfty.asp
http://www.inform.city.hamilton.on.c....asp?RSN=70808

Dog Owners' Liability Act Information

"If you are an owner of any dog we would like to advise you of the amendments to the Dog Owners’ Liability Act that came into effect on August 29, 2005.



Charges may be laid against any dog owner where a dog has bitten or attacked.

OR

Behaved in a manner that poses a menace to the safety of persons or domestic animals.

OR

Where the dog owner did not exercise reasonable steps to prevent a dog from doing any of the above.



Penalties in Dog Owners’ Liability Act offence proceedings can be up to a $10,000 fine and/or six months imprisonment ($60,000 for corporations).

In exercising its powers to make an order, the court may take into consideration the following circumstances:
The dog’s past and present temperament and behaviour.
The seriousness of the injuries caused by the biting or attack.
Unusual contributing circumstances tending to justify the dog’s action.
The improbability that a similar attack will be repeated.
The dog’s physical potential for inflicting harm
Precautions taken by the owner to preclude similar attacks in the future.
If the dog is a restricted or prohibited pit bull under the legislation and whether the dog owner has complied with their responsibilities under the law.
Any other circumstances that the court considers to be relevant.

::::::::::::::::::::::::::

Respecting the rights of our neighbours is an important aspect of community living. At times, however, boundaries may be crossed and Municipal Law Enforcement Officers investigate complaints received from the public about alleged violations of various municipal by-laws.

The goal of Municipal Law Enforcement Services is not to penalize the citizens of Hamilton or visitors to our City but, rather, to achieve compliance through education and the provision of information in order to preserve the quality of life to which each citizen is entitled.

Dogs
Barking dogs, dog licensing and control

:::::::::::::::::::::::::

BY-LAW NO. 03-020
To Regulate Noise

GENERAL PROHIBITIONS
2
No person shall emit or cause or permit the emission
of sound likely to disturb another between9:00 pm and 7:00 am of the following day.

PROHIBITIONS BY TIME AND PLACE
4
No person shall emit or cause or permit the emission of sound resulting from the following which sound is clearly audible at a Point of Reception located in Quiet Areas (at any time) or in Residential Areas (at any time):
(1)
Barking dog or any other sound made by a dog.

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

mic67

http://www.myhamilton.ca/NR/rdonlyre...03020noise.pdf

This is the pdf of the actual noise bylaw.

http://74.125.95.132/search?q=cache:...lnk&cd=1&gl=ca

This is the HTML of the actual noise bylaw.

mic67

Of course that list of ENFORCED by-laws is MISSING
* Pesticide
* Idling
* Illegal Signs (Mobile)

and now add to it * Shoveling snow off sidewalks

Passing a City By-law doesn't mean the City will do a damn thing about enforcing it.

realcity said:
"Passing a City By-law doesn't mean the City will do a damn thing about enforcing it."

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When a tree falls in a forest, who actually hears that?

Parking is a bylaw and they do plenty about that -why?- and maybe not enough?

You have the option of swearing out a complaint or to litigate, actually I consider these realistic and probable answers in my situation. Although it is likely I will try the bylaw approach first. Humm.. but maybe you have convinced me on the more realistic approach;}

Thanks
mic67

Already dropped my first snow on sidewalk complaint on Thursday (from snow overnight Tuesday), I will be dropping another call to the city tomorrow regarding the same 2 houses.

Do I think any shoveling will be done before Christmas, no. So I guess will drop another reminder call on Monday the 29th.........

You need to consult the noise-making community about this.

I'm saying, that the City chooses to aggressively enforce some by-laws and ignore others.

Completely ignored by-laws are; pesticide, idling, mobile signs and snow shoveling.

While the City acts almost militant on Parking and Graffiti.

I've called at least 6 times on a certain mobile sign in the last 3 years and nothing has been done. It's a permanent fixture.

Note: The mobile sign by-law only permits a sign to be in place for 3 months out of every 12 months. A new permit is required for every 3 month use of the sign. So forumers if you're sick of seeing these neon eyes-sores call the city 546-CITY and ask for By-Law Enforcement.

The Idling by-law is a joke, not only is it practically impossible to violate but there isn't a by-law officer hired to enforcement. It was put off to next years budget last year. And I doubt that it will be in this years budget.

Pesticide same thing. It's illegal to put on your cereal, but acceptable if you use it on your lawn to control weeds, providing you have a weed/bug problem. Hmmm.... why else does one use pesticides.

Well parking is a big money maker, and they provide no time in which to rectify the problem(illegal parking) before issuing a ticket.

Imagine if they just issued tickets for overgrown lawns, illegal signs, etc vs. giving a one week notice. For one they'd free up so much time as they would not have to come back and check up on if the problem was corrected a week later........

I haven't seen them being militant on graffiti. I see lots of graffiti along King Street what has been in place for months (like since I moved to Hamilton 8 months ago). In November they announced they were not going to proactively enforce graffiti, idling or pesticide use.

I guess it's time to kick in the reative complaint machine :D

I had a vehicle break down on me in front of my place. It literally sat in front of my house for 7 weeks (in winter none-the-less). Covered in snow. Untouched. On the Road.

True story.

Didn't anyone call police about it?

I had some dumped in my area and the police removed them within a few days. One was a dumped vehicle to get back at her ex (then removed plates), the other was a dumped stolen vehicle.

I'm assuming someone complained after 7 weeks. Had a ticket for exceeding the supposed 24hr time limit on city streets) and then it was towed 3 days later. We were arranging to get it towed to a scrapyard, but it was done anyways by I'm assuming the city.

One person I really had problems with was a neighbour who kept parking his trailor with his racecar on the trailor on the street. Which was parked right behind my driveway making it so difficult to back out. I called many times about it believe me. I don't think he ever got any tickets, only warnings. And heaven knows how many times he was warned. Thank goodness they have since moved.

If you own a commercial building in Hamilton and it gets spray-painted, you'll see how militant they are about it. They give you a week to remove it or fined $500. And it doesn't take them long to find out your building's been tagged.

I think they think they're keeping the City look 'clean' but ignoring bigger eyesores like mobile signs.

Not on King Street buildings carry tags for months........

I don't understand why the city cannot combine the duties of the by-law officers. In Westdale, we have militant enforcement of parking tickets. Why can't these city employees also enforce property standards, idling, snow shovelling etc.?

Dear Music Blaster

You Have been served today January 2, 2009 with legal notice, do not approach me to the discuss the matter as it shall now go before the Courts, under Provincial Offences and in due course, civil litigation.

Hey yappy the dog bow, wow......woof, woof.

Mic67

Congrats and I hope it's successful!!!