MD of Pincher Creek holds public meeting to discuss proposed noise bylaw

Chris Davis

The MD of Pincher Creek No. 9 held a public meeting for proposed Noise Bylaw No. 1256-14 on the evening of November 24, 2014 at 7:00 pm in the Council Chambers. The bylaw has passed two readings, and needs to pass third reading.  Presiding over the meeting were Chief Administrative Officer Wendy Kay, and Director of Development and Community Services Roland Milligan.

Approximately 10 members of the public were in attendance. Also seated in the gallery were MD councillors Terry Yagos and Garry Marchuk and new RCMP Community Policing Officer Cst. Rodney LeGrow.


Roland Milligan spoke to the need for the bylaw. "This is the first noise bylaw for the MD," he explained. "We have had a noise bylaw within the Hamlet of Lundbreck that's been working quite well for a number of years."  Despite that fact, most of the citizens in attendance were from Lundbreck, and their views as expressed at the meeting often disagreed. "There are instances that happen out in the MD now because of a number of Group Country Residential districts that are popping up... disputes with neighbours.  We've had some difficulty sort of calming those disputes and finding a mechanism to put in place to stop those things from happening."

"So basically what we've done is revamp the bylaw to cover the entire MD."

Milligan answered a couple of questions that had been put to him.

"This bylaw does not apply to noise resulting from normal farm practices.  It also does not apply to areas that are adjacent to industrial zoned districts that have approved developments."

"Commercial would be the same.  Commercial uses usually have defined in the development permit hours of operation."

"We have two mechanisms in this bylaw for fines," Milligan explained, a Municipal Tag that would be paid at the MD office or a Violation Ticket "which is the same as what's under the Provincial Procedures Act, which would be registered at court".

The Lundbreck Hotel Bar was the first topic to be raised by two citizens, who said noise from the bar could be heard across town after 11:00 pm.  Milligan told them that he would have to look into the permit issued to the establishment, which was issued years ago, "and see if that's something that has to be addressed". Later on talk turned to alleged noise issuing from the habits of smokers "laughing and swearing and whatever" on the bar's back patio until the wee hours, with the doors open to let the music out.  "Constable Doug was part of the noise issue..." said one, to general laughter.

A farmer said he was concerned about how the rules regulating his usual farm practices might be interpreted.  Another Lundbreck citizen thought that 11:00 pm was too late for some kinds of activities, such as using a pressure washer or a saw.  Barking dogs were a concern. Milligan explained they were already included in the Animal Control Act.  He said reports had been made about one property, but the bylaw officer couldn't substantiate them at the time.  "I can substantiate them for him," said one citizen.

Another citizen wanted to be sure community events that already occur regularly such as the annual Corn Fest were provided for in the bylaw.  Milligan said that would be covered under the Events Bylaw.  He further explained that under the current Events Bylaw "you would have to have 500 people attend an event", he said.  Lundbreck events aren't known for assembling crowds of 500 and more.  "I've never heard of any complaints in Lundbreck from the Corn Fest," said Milligan.

Also mentioned was noise from the cement plant, and possible permitted exemptions to the bylaw in special circumstances.  Milligan agreed that both were valid concerns and said that communication with adjacent landowners in such circumstances would be appropriate so they would know what was going on.

Milligan said he had hear comments from hunters who wondered "Is this going to mean I can't hunt out there?" to which he answered "No, it doesn't."

"We've had comments from landowners who have an acreage out there who say 'Well, what about the peace and enjoyment of my property when it's hunting season?' We say 'Well, that's normal practice that's been on the land for years and it's not gonna change'."  Milligan mentioned a farmer who wanted to install a shooting range on his property, and said that the steps were there to allow for that kind of discretionary use."

"What has actually driven this is the use of Country Residential properties," Milligan said at one point in response to a question.  "Smaller properties, and closer together, and noise impacts are going to be greater."  Cst. LeGrow was told by Milligan that how he enforced the bylaw and issued tickets was to be "at your discretion".  LeGrow explained that he had to deal with people from both sides of the spectrum, those that understood when concerns were raised to them, and those who didn't.  "It just depends on the person," said LeGrow.  "Yup, and that's what bylaws are for," said Milligan. "They're not for the regular people, they're for the people who don't want to obey the rules."

CAO Wendy Kay added that council was currently reviewing a number of bylaws, with more upcoming meetings like this one planned concerning same, including the Unsightly Premises bylaw which has been of issue to Lundbreck citizens in the past.