Agenda Index City of Vancouver

POLICY REPORT

604-714-5677
RTS No. 02390

CC File No. 3755

P&E: November 22, 2001

TO:

Standing Committee of Council on Planning and Environment

FROM:

Director of Environmental Health

SUBJECT:

Noise By-law Amendments - Controlling Bass Noise Levels From Entertainment Facilities

 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

On May 17, 2001 Council adopted a number of changes to the Noise Control By-law to address impacts in the community and in residential uses neighbouring entertainment facilities.

PURPOSE

This report supplements a report considered by Council on May 17, 2001, in which amendments were approved to deal with amplified sound from entertainment venues. Since that date, staff has determined that an additional amendment is necessary to address bass beat from these facilities as it impacts on residents within the same building or in an adjacent residential premises. This report recommends a minor amendment to address the intrusiveness of the bass component. This report also includes advice from the Law Department requested by Council in its resolution of May 17, 2001.

BACKGROUND

The amendments adopted by Council on May 17, 2001 should help address excessive noise originating from entertainment facilities and impacting on the community in general. However, one of the major sources of annoyance is the increasing level of the bass component (bass beat) utilized in many of these establishments. Even with good modern construction the bass beat is difficult to contain within the structure due to the low frequency/long wavelength of bass tones. Unfortunately, the increasing prevalence of heavy bass in cabarets constitutes the major source of annoyance with an inordinate amount of staff time being spent on trying to resolve this growing problem.

DISCUSSION

One of the amendments adopted in the May 17 report proposed the retention of the provision dealing with the "bass" beat, with clarification that these levels will also be measured using the 3 minute Leq. Unfortunately, this did not suitably address the situation where the bass beat permeated adjacent residential space, making it impossible to live or sleep in these units. Environmental health staff further explored the impacts and possible mitigation measures with a Gastown club, and concluded that an internal dBC level (bass component) was required, paralleling the dbA level adopted for these situations.

Staff are recommending that a sound level limit (dBC) of 55 decibels, measured as a 3 minute Leq, be established for sound originating from within commercial establishments, where amplified sound is produced (clubs, bars, restaurants), where the sound is being heard in residential space within the same building or in an immediately adjacent building. Verification that this level is achievable, without inordinately impacting on the ability of the club to play reasonably loud music, was carried out at 27 Alexander with music being played in the club at 7 Alexander. At 55 decibels the bass beat is still discernible within the residential space, but is not so intrusive as to disturb sleep or prevent residents from going to sleep in the first place. It is at least 5 decibels above the background dBC of 50 decibelswithin the residential units. Setting the sound within the club to meet the 55 in the neighbouring residential space resulted in a maximum dBC level of between 95 and 100 on the dance floor. The club operators were not entirely comfortable with this level, arguing that it would result in loss of clientele. The club was ordered to maintain this level (to comply with the non-bass provisions in the by-law), but compliance with this order was short-lived, with sound levels back to "normal" within two weeks of the initial order.

FINANCIAL IMPACTS

There are no extra financial impacts to the City or the V/RHB in terms of enforcement. The industry may argue that the proposed level is too restrictive and resulting in negative economic impacts to their operations. Staff estimates that the number of facilities impacted by this change (i.e. those establishments in the same building as or immediately adjacent to residential accommodation) is very limited.

IMPLEMENTATION and COMMUNICATION PLAN

Staff will work with the Cabaret Owners' Association, Bar Watch, Resident's Associations and others to ensure general awareness of this and the other new provisions.

LEGAL ADVICE ON CONTROL OF INTERIOR NOISE LEVELS

By resolution dated May 17, 2001, Council asked the Director of Legal Services to report back on any necessary Vancouver Charter amendments to enable Council to incorporate maximum interior noise levels in the Noise By-law.

The Director of Legal Services has advised that:

(a) a Charter amendment will be necessary to permit inspectors to enter private property to measure maximum interior noise levels, similar to s. 328 of the Charter which permits the Medical Health Officer to cause inspections to be made in order to ascertain whether the provisions of law regarding public health or sanitation are being carried out; and

(b) a proposed amendment will be included in the 2002 Recommendations from Legal Services to Council regarding the power to carry out such inspections.

CONCLUSION

The increasing popularity of a significant bass component in the music played in clubs and bars is having a negative impact on residents who live either in the same building as the club or in an adjacent building sharing a common wall. This report recommends an additional by-law amendment, which should better address the impact of bass tones from amplified sound, originating in entertainment establishments, on adjacent residential uses.

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