Changes are coming to the noise abatement bylaw after a local business found itself caught between a rock and a hard place in trying to clear customers' parking lots of snow.
The issue involves B and B Ventures, a parking lot maintenance business in North Battleford run by Zane and Barb Sauk. The stumbling block was a provision of the noise abatement bylaw that forbids the use of snow clearing and parking-sweeping equipment between the hours of 10 p.m. and 7 a.m. on weekdays, and to 9 a.m. on Sundays or holidays.
It appears council will be going ahead in allowing them to be able to do snow clearing on customers' parking lots during the nighttime hours.
However, their plan now is to change section 13 of the noise bylaw, which reads "at the discretion of Council, upon application the Council may, by resolution, grant an exemption to any person or organization from any of the provisions of this bylaw with respect to any source of sound."
Administration is now coming up with a possible amendment to section 13 to give council authority to grant an exemption without an application required. The issue will come back to council at their next meeting Dec. 12.
B and B Ventures had been seeking a discretionary use permit under section 13 "so that we can make our customers' parking lots safe for their employees, so that they don't slip and fall during this winter season." They had pledged to keep noise to a minimum, noting they do not use back up beepers during the late night hours and use skid steers on all their snow removal at night.
It turned out the issue was prompted by a complaint to police under the noise bylaw concerning snow clearing work done at night. That was confirmed by Fire Chief Pat MacIsaac.
Complicating matters even further has been the City's stepped-up enforcement of snow clearing this year. Businesses were hit with cleanup bills this year for failing to clear the snow under the Sidewalk Clearing Bylaw.
Councillor Brad Pattinson pointed out the dilemma the contractors faced. The City was insisting on snow removal, yet their efforts to clear the snow risked running afoul of yet another bylaw's provisions.
"Some people are going 'how you win?'" said Pattinson.
Councillor Don Buglas noted that sometimes there were snowfalls late at night and contractors are out clearing lots at those times.
"It's not that often and it's something quite limited," said Buglas, who called for "discretion" in enforcing the bylaw.
Councillor Grace Lang noted there was no way businesses could comply with the noise bylaw in the case of a heavy snow overnight. She said businesses cannot be expected to wait until 7 a.m. to clear the snow, because by then it would be too late.
"Our winter does not necessarily conform to our bylaws," said Lang .
"We live in a country where winter is here."
