Downtown business owners express concerns about excessive noise in public spaces
A man expresses his religious views, frequently with the use of an amplifier, in front of Edmonton City Centre. City council is considering new rules involving use of amplifiers in public spaces in response to complaints from residents and businesses to noise in public spaces. Photo by Eric Bowling /PostmediaArticle content
New noise rules on amplification could be coming to public spaces.
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On Monday, the community and public services committee passed a motion by Ward Anirniq Coun. Erin Rutherford to draft amendments to the city’s public spaces bylaw to “reduce unnecessary noise and interference of peace and enjoyment of public spaces arising from use of amplification.”
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“Part of it stems from the business community Downtown having voiced concerns,” said committee chairwoman Ward Sspomitapi Coun. Jo-Anne Wright. “Not only the fellow (in front of Edmonton City Centre) but also maybe music amplification in front of their stores too.”
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“We don’t want to be too prescriptive.”
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Proposed changes will be reviewed on Sept. 25 and if approved will be presented to council for a public hearing.
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Council has been trying to navigate balancing the right to free expression with the right to peace and quiet after hearing a multitude of complaints over individuals using amplifiers. One individual in particular has been a common fixture near Churchill Square at lunch time, using a megaphone and amplifier to spread his religious views.
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City solicitor Michael Gunther noted the Charter of Rights and Freedoms guarantees the right to free expression and any bylaw designed to give people space to think needs to be carefully prepared to not violate that. However, he noted a municipality may legally regulate amplification to prevent noise pollution and maintain the peaceful nature of a public environment. The sound check for when amplification becomes noise pollution is if the noise is louder than what human voice can share.
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Administration had recommended public spaces bylaw be tailored with noise limits depending on distance to doorway, but committee tuned that idea out following an in-camera session. Other suggestions include setting conditions where amplification is permitted in the public and defining what disruptive noise is in the bylaw itself.
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Other avenues being considered including requiring a permit to be able to use amplification in a public space or designating specific “speakers corners” where people can set up their soap boxes. Administration recommended against tying amplification rules to the number of attendees, due to concerns about potentially regulating the message and the possibility of large crowds being used to legitimize harmful rhetoric.
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Research has linked noise pollution to a number of health problems, including cardiovascular disease, cognitive impairment, and sleep disorders. Calgary, Vancouver and Toronto have rules in place regulating where and when amplification is allowed in public spaces.
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