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HomeNewsLocal agri-tourism business charged by city under noise bylaw

Local agri-tourism business charged by city under noise bylaw

KAWARTHA LAKES-South Pond Farms in Pontypool does a million dollars a year in sales and employs 35 people seasonally. Owner Danielle French says despite the fact that no City Bylaw Officer ever came to her property she’s been charged under the city’s noise bylaw. “No by law officer has ever visited the property so it’s hard to know what noise they are referring to.” French told Kawartha 411. “But  yes, despite no visit to the property, they did lay a charge against me for three noise violations.”

The city confirmed the charges but said they could not comment further.  The noise bylaw states: No person shall, at any time, make, cause or permit the making of noise within the City that is the result of any of the activities described in Schedule “A” and that is audible to

  • a)  a person in a premises or a vehicle other than the premises or vehicle from which the noise is originating; or
  • b)  a person in a residence other than the residence from which the noise is originating.

French thinks the complaints are related to voices or music emanating from the farm. The bylaw prohibits the operation of any device or group of connected devices intended for the production, reproduction, or amplification of voices or sound from 11:00 p.m. to 11:00 a.m.

It’s unclear how many businesses or individuals have been charged under the noise bylaw in the City of Kawartha Lakes over the last few years. “In 2016 we investigated about 160 Noise complaints across the Municipality.” Aaron Sloan, Manager of MLEO for the City of Kawartha Lakes told Kawartha 411.  “Typically the investigating officer works with the person violating the by-law to achieve compliance. We have charged a number people for violating the by-law however we do not track this information in a direct way. The number is very low, but if you want to canvas charges they may be able to collect more specific data from the Ontario Court of Justice.” Sloan said.

South Pond Farm is the result of a lifelong love of fresh food and farming for French. French says she was influenced by her grandmother who had a farm in Michigan where she spent her summers as a child. “She cooked on a wood stove, baked bread every other day, persevered fruits and vegetables that they grew on the farm and lived a lovely simple life.”  says French on the South Pond website. She wanted to give some of the simpler life to her own four daughters so she bought the farm in Pontypool. Later she came up with the idea for Farm Flavours, a business making prepared food from things grown on her farm and by other local farmers.  “I would deliver a meal called “weekend baskets to go” every Friday to people that ordered them.” That morphed into South Pond Farms as it is today.

Their goal is to offer a traditional environment for people to gather around the table to enjoy local food and foster connections with agriculture, nature and each other.  They also give back to the community by offering a series of events to benefit the Kawartha Land Trust.  “We care very much about our neighbours and the community at large and are proud to operate an agritourism business that generates nearly $1 million in revenue that stays in the local community through food procurement, employment and other services.”French says.

The city’s noise by law also prohibits yelling, shouting, hooting, whistling, singing or the playing of musical instruments, including percussion instruments from 9:00 p.m. to 12 midnight 12 midnight to 7:00 a.m.  There are also regulations around loading, unloading, delivering, packing, unpacking or otherwise handling any containers, products, other materials or refuse, unless necessary for the maintenance of essential services or the moving of private household effects from 9:00 p.m. to 12 midnight and 12 midnight to 7:00 a.m.

The bylaw states “Any person who contravenes the provisions of this by-law is guilty of an offence and, upon conviction, is subject to a fine as provided in the Provincial Offences Act, 1990, c.P.33, as amended from time to time, and to any other applicable penalties.  If this by-law is contravened and a conviction entered, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted.”
Under the bylaw “Noise” means sound that is unusual or excessive, or that is unwanted by or disturbing to persons.
The fine can range from $125 up to $100,000.

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Pamela Vanmeer
Pamela Vanmeerhttps://www.kawartha411.ca/
Pamela VanMeer is a two time winner of the prestigious Radio Television Digital News Association (RTDNA) Award. Her investigative reports on abuse in Long Term Care Homes garnered international attention for the issue and won the Ron Laidlaw Award. She is a former reporter and anchor at CHEX News, now Global Peterborough and helped launch the New CHEX Daily, a daily half hour talk show. While at CHCH News in Hamilton she covered some of the biggest news stories of the day.

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