What happens when your music becomes noise in Kelowna
KELOWNA – Nothing spurs political action like personal experience.
When Kelowna city bylaw officers shut down a garden concert last weekend by local legends The Cruzeros, city councillor Charlie Hodge was in the front row.
“It was not over the top. The didn’t even have the full band. There were no drums,” Hodge says.
When Hodge and The Cruzeros' Barry Mathers talked to the bylaw officers, they were told two strikes and you're out and this was the second time someone in the neighbourhood had called in a complaint. It was a little after 9 p.m.
When Mathers argued construction noise is tolerated until 10 p.m. — why not music? — he was stunned by her reply.
“Construction is essential and music is not, she said. I couldn’t believe it. I made her repeat it a few times. It certainly struck a nerve. So I can run a radial arm saw until 10 p.m. regardless of the neighbours, but someone can shut down music with a phone call. What if they just don’t like the music?”
Mathers took to Facebook to voice his opposition; Hodge took it a step further, bringing the matter up during councillor items at last Monday’s council meeting asking for a review of the noise bylaw.
“We were told she had no choice but to shut us down but I found out bylaw does have the option of weighing the situation so they either don’t know or they aren’t comfortable using their discretion," Hodge says. "I found out this idea people have that they can play music until 10 p.m. is a myth. They (bylaw officers) can come after you anytime."
Hodge does not blame the bylaw officers, suggesting instead the flawed language of the bylaw needs to be fixed putting a musical performance on par with construction in the noise bylaw.
“I would also point out that the band was working that night, like a construction worker might be working, but his work is now cut short because of one complaint," he says.
Mathers thinks a method to quantify a noise complaint would help.
“I’d like to see a definitive measure of the sound. If a cop catches you speeding, he does it with radar. Why not use something like a decibel meter," he says.
But Rob Mayne, corporate services director in charge of bylaw, says Mathers should be careful what he wishes for.
Under the current bylaw, officers have the latitude to decide if the source of a noise complaint constitutes an unreasonable or objectionable noise and can do it any time of the day or night.
“Having a set decibel reading might not meet the test where an officer might allow it,” he said.
Mayne says the city is quite comfortable with the discretion given bylaw officers to deal with the numerous noise complaints it receives each year.
“We train them, have regular watch briefs, we teach them how to mitigate those conflicts and try to make sure we have consistency on how it's applied," he says. "A fairly significant amount of time, we get compliance. We don’t like to write those $500 tickets.”
While an event can apply for an exemption to the city’s noise bylaw, Mayne admits it’s restricted to non-residential buildings and the city has no process for residential noise exemptions.
To contact the reporter for this story, email John McDonald at jmcdonald@infonews.ca or call 250-808-0143. To contact the editor, email mjones@infonews.ca or call 250-718-2724.
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14 responses
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the real problem is that bylaw has far to much discretionary power and then are far to many people in Kelowna that can’t stand it when people want to share a good time.
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The host did just that. And everyone should invite the neighbors when they have a soiree of this nature — that makes for strong community.
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We turned down a number of times — so much so we couldn’t hear the PA above our own voices — and we were right in front of it — and we could clearly hear the people in the front rows when they made comments to each other. It takes a certain velocity with a hammer to impress a nail firmly into wood — that is essential. It takes a certain amount of sonic pressure to impress a song into the heart — that is essential too.
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There is a hall monitor in every neighborhood! Too many in Kelowna for sure! Should always check with the neighbors before, it can eliminate any issues.
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This is an absolute joke… There is no way any music… And I stress the word music… Should be shut down before 10 on a summer night anywhere… There should be more… The street corners downtown should be full of live bands or street musicians… Thank god Mr. Hodge was there… Charlie supports a lot of live performances and should be commended for doing so… This Bylaw definitely needs to be re-worded. I think we should have bylaws that say DON’T STOP THE MUSIC
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lol “didn’t even have the full band. There were no drums” The drums are rarely miked and are NEVER the loudest part of the band.How loud were those amps, Boys? Don’t misunderstand, I am incensed by the “Construction is essential and music is not,” comment made by the Bylaws officer. And I am sure, if asked, you guys would have happily turned down. Reminds me yet again that the world has become far too intolerant. Does Kelowna want to have the reputation of unfriendly and intolerant? I doubt it. Too bad one person (the one who made the complaint) had so much power.
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This is outrageous, no wonder so many people get in trouble with the law, pretty soon there will be nothing to do in Kelowna, this is a very sad thing. If the music was too loud,,,, close your window…..
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The Music was certainly not overly loud.. I think the applause was louder.. Unreasonable at this time of the year.. One person spoiled a great evening.
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I was told by bylaw ” that my music can only be as loud as if a person was sitting next to me that we would be able to carry on a conversation through the noise of the music. ” No louder music than that and guess what I live on an acre. Of course my old neighbour the crux of the neighbourhood was a nasty lady, no not lady Bitch and she moved 2 years ago and the whole neighbourhood had a party when she left. Some people are just born nasty, born that way.
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the Bullshit, council just don’t like country music……….or probably any other kind…………….
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