BANFF – A potential amendment to Banff’s Community Standards Bylaw could see a slight reduction in construction noise hour times, additional clarity on construction noise allowed on holidays and increased financial penalties for violators of the bylaw.
Banff’s governance and finance committee unanimously supported Town staff to return to a council meeting before the end of the year as well as bringing back at service review options for potentially having a continuous noise bylaw that would restrict noise levels.
“To be clear, it’s not about the work it’s the noise. You can work any time of day you want, as long as you’re not making noise,” said Rick Williams, the Town’s development compliance officer.
The proposed changes would have commercial operators allowed to make construction noise from 7:30 a.m. to 9 p.m. on Saturdays instead of the existing 10 a.m. to 10 p.m.
The existing construction noise hours for residential property owners and commercial operators in Banff are 7:30 a.m. to 9 p.m. Mondays to Fridays and 10 a.m. to 9 p.m. Saturdays and Sundays for only residential property owners. For commercial operators in Banff, Saturdays are 10 a.m. to 10 p.m. and nothing is allowed on Sundays.
The bylaw is also silent on holidays, with the proposal having it more explicitly stated to not allow commercial operators to create construction noise on Alberta general holidays, but allow residential property owners to do so from 10 a.m. to 9 p.m.
A comparison of nearby municipalities found Canmore had construction noise hours between 7 a.m. to 10 p.m. Mondays to Saturdays. Jasper is 7:30 a.m. to 9 p.m. Mondays through Saturdays and Banff is 7:30 a.m. to 9 p.m. Mondays to Fridays and 10 a.m. to 10 p.m. on Saturdays.
If approved by council, fines would also be adjusted. A first offence for non-commercial would be $250 and a second or subsequent offences within 365 days of the first is $500. For a commercial operator, a first offence would be $500 and second and additional fines 365 days after the first offence would be $1,000.
Williams noted if a fine is too large, it can be ineffective since it may be challenged in court but a lower fine could also see the bylaw be ignored. The ultimate intent, he said, is to get compliance with the bylaw.
“There is a point where an excessively large fine doesn’t really work because it’ll lead to a legal challenge. … The way to get a fine to work is that it’s high enough to be a disincentive, but also not so high that somebody would fight it in court,” he said.
In Banff, a commercial operator violating the bylaw is charged $500 for each offence. In neighbouring Canmore, a first offence warrants $250, a second $500 and third and subsequent offence $1,000.
Jasper is $200 for a first offence, while a second is $400 and third and additional offences are $2,000.
A motion arising also directed Town staff to return at service review for the potential of having a continuous noise bylaw that would restrict noise levels.
Brought forward by Coun. Hugh Pettigrew, he said it was important to get information on what it may look like and gave examples of the City of Calgary and City of Grande Prairie having a similar bylaw.
“I believe it’d be in the interest of the public to get information on that,” he said.
“We’ve had some complaints, certainly some written ones, and I think it’s time we establish a little more of a standard.”
Stan Andronyk, the Town’s manager of municipal enforcement, told the committee staff are in the process of getting feedback from other municipalities on decibel and noise levels.
He noted they have received complaints on the level of noise and continuous noise as well as looking at possible ways to enforce it.
“We’re trying to find a reasonable way to enforce it. It’s so localized that there are noises that can really bother some people and others don’t. … If you think roofing, it is very loud and can be very annoying to a neighbour, but it is a necessary noise whether there’s a standard or not you’re going to have it for a few days,” he said, stressing the importance of being able to enforce any bylaw.
