Two Tiny residents are raising their voices about the municipal bylaw that defines construction-related noise and permits the use of leaf blowers and other machinery.
Trevor Watson and his partner Katherine Staniszewski made a deputation to council Wednesday to ask them to consider an amendment to the township's noise bylaw.
"We're concerned that the bylaw department has interpreted construcion noise to include any noise included with hobby woodworking and recreational carpentry," said Watson. "The bylaw 11-065 clearly states the definition of construction noise as erection, alteration, repair, dismantling, demolition and structural maintenance on a property."
The complaint has risen from, what they claim, have been eight years of enduring noise from a neighbour whose hobby is woodworking and carpentry.
"If my neighbour is using his wood planer, electrical sanders or grinders and other loud equipment to build a birdhouse or a chair, that activity doesn't fall under the current definition of construction," said Watson. "When we submitted a complaint to the bylaw department, we were told it was construction noise and that it was allowed. He is not erecting, dismantling, demolishing, or doing structural maintenance to his property."
The current noise bylaw, he added, appears to give leeway to the person making the noise but leaves little or no rights for the complainants.
"This is particularly unfair when the noise is disrupting the use and enjoyment of one's own property," said Watson, adding, "As more and more people are using their homes as offices and for homeschooling kids, it is all the more imperative that the peace and tranquility of our neighbourhood be preserved and protected. Our noise bylaws must be modernized to reflect the needs of our community."
He also talked about persistent noise emanating from leaf blowers.
"Two autumns ago, my neighbour ran his gas leaf blower in the drizzling rain, along our mutual property line for four hours as a retaliation for a noise complaint we lodged against him earlier that summer," said Watson "When we contacted Tiny's bylaw department to report the incessant noise and deliberate act of harassment, we were told that nothing could be done as it fell under the definition of construction or maintenance activity other than snow removal."
To make their case, they cited the City of Toronto bylaw, which defines persistent noise as any noise that is continusouly heard for a period of 10 minutes or more or intermittently over a period of one hour or more and states, "no person shall make cause or permit noise at any time that is unreasonable noise and persistent noise."
"Most people would conclude that running a leaf blower for four hours in the rain constitutes an unreasonable noise," said Watson. "We respectfully recommend that these provisions be incorporated into the current noise bylaw to circumvent these situations."
He and Staniszewski suggested that Tiny spearhead the banning of gas-powered leaf blowers and change hours of operation for construction noise from 8 a.m. to 5 p.m.
"We're kind of at the end of our tether here," said Watson. "We've been trying to be reasonable with our neighbours and they just look at us and their response is we were here first and we're entitled. It's archaic thinking."
Coun. Tony Mintoff agreed that the definition of construction noise should be revisited.
"I think it's more of an interpretation problem," he said. "I would ask bylaw people to give some thought to amending what the act of construction means in relation to these noise complaints."
Coun. Gibb Wishart, who comes from a construction background, said he understood the importance of peace and quiet.
"I happen to own every one of these little beasts you happen to despise," he said. "I'm also a person who enjoys quiet. We have our moments in construction but they're short. We have two different planers, one of which is moved by a fork truck and lives in a workshop. We also have a portable which we take to job sites, but we never use it outside. You can hear it outside, but it doesn't disturb your conversation. I think the real issue here is about noise."
However, Wishart said, he didn't agree with limiting construction hours.
"We hit the bricks at 7 a.m. and in the summer time the crew doesn't leave until 12 hours later because they want to make hay while the sun shines," he said, adding, he agreed with looking at limiting the use of leaf blowers.
Staniszewski said the hours of operation suggestion wasn't aimed at contractors.
"It's for the neighbour that has a hobby of woodworking that he does outside on his property and uses this loud equipment on a daily basis," she said.
Staff was asked to bring back a report for council to consider at its next meeting before a decision is made.
