Noise and safe property bylaws in Central Frontenac

May 11, 2016

While Central Frontenac Council recognised the value of the Safe Property and Noise Bylaw updates that were presented by their contracted bylaw officer, Ken Gilpin of Frontenac Municipal Bylaw Enforcement, a number of specific points of contention were raised.

The bylaws were presented at a Council meeting on April 26, with a view towards adoption at the Council meeting scheduled for May 9.

An issue that was raised relative to the Safe Properties Bylaw by Councilor Jamie Riddell was the fact that the proposed bylaw, as well as the current bylaw, empowers enforcement officers to enter a property without the express permission of the property owner.

“This gives the bylaw officer powers that members of police forces don't have,” said Riddell.

“We always contact property owners and let them know that we are coming,” said Gilpin, “and when property owners are not there we leave cards. But we are not able to make appointments; it would impossible for us to plan out our day in those circumstances. As soon as we receive a complaint we investigate, and if there is an infraction we issue an order. We aren't there to harass property owners by any means. We always follow guidelines.”

“No one is questioning the professionalism of you or your staff,” said Councilor Brent Cameron, “but the fact is that the law allows you to do something that it does not allow anyone else to do, so there are concerns that come from that.”

“If we are going to pass bylaws, we have to be able to enforce them,” said Mayor Frances Smith.

The proposed Safe Properties Bylaw includes provisions prohibiting, among other things, “rubbish, waste or debris of any kind, long grass, discarded brush and clippings, excessive weed growth, or any other conditions that may promote or be susceptible to fire or infestation by rodents or other noxious conditions”.

It also prohibits dead, diseased or dying trees or limbs or branches “so as to prevent any unsafe condition or damage to any building.”

Scrap or junk metal, unlicensed vehicles, trailers machinery, tools or tires and appliances are also prohibited.

The bylaw is only enforced on a complaint-driven basis. Bylaw officers do not roam the countryside looking for infractions.

The other bylaw that attracted comments was the noise bylaw. Councilor Riddell was concerned that the use of power tools for the purposes of construction are prohibited until 7am. “In the summer, crews need to be able to work from dawn. Many of them start at 6am,” he said.

Councilor Tom Dewey was surprised by provision .j of the bylaw, which prohibits “persistent yelling, and shouting, whistling, singing”.

“What's wrong with singing?” Dewey asked.

“My advice is to take up yodeling,” said Councilor Cameron.