Bashaw town council not sure how to handle loud noise complaints – Bashaw Star

Bashaw City Council is set to review its land use ordinance (LUB) after a resident complained about a noisy business. The issue was discussed at the regular Council meeting on September 14th.

The city’s chief administrative officer (CAO) Theresa Fuller delivered an Aug. 26 letter of complaint from ND Bamber resident to councillors. In the letter, Bamber stated, “Our home … is 550 feet from the source of the noise. There’s the railroad yard, a row of trees and shrubs, house and garages blocking out the noise. Despite this, the noise level on our deck when unloading peaks at 91.6 decibels (Db). The level in the middle of Railway Avenue is 93.4 dB.

“The occupational health and safety (OHS) limit for continuous exposure is 85 dB without hearing protection,” Bamber said.

Bamber said he has complained more than once about the noise from this business, adding that his research indicates the City of Bashaw does not have the proper bylaws to address noise at an industrial level near residential buildings.

Fuller found in her report that the company in question complies with the Public Disturbance Ordinance.

“Benchmark Commodities has been in operation for several years,” Fuller explained in his report, noting that the company used to use sledgehammers and now uses a skid steer vehicle.

“Several residents have filed complaints (and) the county statute officer has dealt with them. However, based on Public Disturbance Ordinance 767-2015, they look at operating hours and compare them to the ordinance’s quiet hours (10:00 p.m. to 7:00 a.m.) and Benchmark is compliant.”

Fuller then noted that the general prohibitions section of the statute prohibits “unreasonably loud” noises that “… annoy, disturb” local residents, but added that another section of the statute for industrial purposes appears to contradict the earlier section “… by permitting by industrial companies as approved within the LUB.”

Fuller said she’s in regular contact with Benchmark Commodities, who told her their noisy work should be completed by the end of August. However, by mid-September, when the meeting took place, work appeared to be ongoing.

“Possible solutions (including) reduce the time frame for operations or require the installation of sound barriers to continue their processing operations,” she added in her report.

Benchmark Commodities is a commercial transportation company headquartered in Ponoka, Alta, according to their website. but with a railway operation in Bashaw.

Fuller proposed changing the public disturbance ordinance to make it more consistent with the LUB’s noise rules.

“In the meantime, it might be prudent to add additional functionality to our public disorder regulation,” she said.

“Examples could include referrals to the LUB regarding objectionable terms and conditions related to volume or compliance with other laws,” her report added.

When asked if the business owner had any suggestions, Fuller replied that the company said it was nearing the end of the noisy work, with the general manager taking late September as the target date.

When asked what other options the city has to address the issue if harm reduction doesn’t work, Fuller responded that there are enforcement options, including an injunction, and the CAO noted that injunctions involve the court system.

count. Kyle McIntosh noted that he was in the area when work was underway. “It’s loud,” McIntosh said.

count. Bryan Gust said he would support an overhaul of the Disorders Ordinance to address issues like this.

Fuller responded that some parts of the disturbance statute could be removed and the city could fully rely on the LUB rules on industrial noise, but also noted that Db levels did not need to be included since provincial statutes cover these issues.

Mayor Rob McDonald said industrial companies should have less of an impact on their neighbors, but recognized that the city also needed to work with its industrial residents.

City councilors unanimously passed a resolution that city officials revise the civil unrest ordinance and bring it back to a future meeting.

town of Bashaw