Tuesday, January 24, 2012

Rail Rage?

More bizarre than road rage, a Coldstream resident was arrested Saturday morning for...wait for it...threatening a train:    http://www.vernoncentral.ca/news/local-news/1456-choo-choo-ch-angry

How appropriate, then, that Coldstream is enacting a new...yep, another...bylaw; this time "to regulate or prohibit the making or causing of noises or sounds in the municipality."

A good thing that Coldstream will place controls on train whistles--especially during the night or early morning hours.

Oh...the bylaw doesn't cover train whistles during the night?
Nope.

What is covered by the new noise bylaw then if not the shrill whistle of a train while the population is abed?

General regs begin with "...any noise in or on a public or private place which disturbs or tends to disturb the quite(sic), peace, rest enjoyment, comfort, or convenience of any persons in the neighbourhood or vicinity....noise or sound which occurs thereon or flows therefrom, play or operate any radio, stereophonic equipment or other instrument or any apparatus for the production or amplification of sound...no person shall own, keep or harbour any animal or bird which, by its cries, unduly disturbs the peace, quiet, rest or tranquility of the surrounding neighbourhood or the public at large."

Hours:  on any day before 07:00 hours or after 21:00 hours:  construct, erect, reconstruct, alter, repair or demolish any building, structure or thing or excavate or fill in land in any manner ... no person shall for profit or gain on a Sunday construct, erect, reconstruct, alter, etc. etc.

Other:  no outdoor public address systems (without a permit), shall not operate a snow vehicle, motorboat or motorcycle which makes or causes noise, no person may operate, or cause, suffer or permit the operation of any gas powered or motorized lawn mower, weed cutter or other motorized lawn-grooming or garden equipment that produces a noise that can be heard from an adjacent property between 21:00 and 07:00, including "Jake" or any type of engine brakes.

Surely after the mention of engine brakes would be "railway whistles"!

Nope.  Not there.  Anywhere.

This hastily scribed bylaw replaces one that stood for 27 years.

In the new bylaw, "noise" is "any loud outcry, clamour, shouting or movement, or any sound that is loud or harsh or undesirable.

Somebody ought to whisper in Coldstream's ear that no noise control bylaw is worth the paper it's written on without defining decibel (maximums) to back up the fuzzy and subjective claim of "tends to disturb".

And the district of Coldstream had better hurry up and order a few decibel meters to loan out to their citizens.
Without a record of the decibel reading at the time of the "infraction" to prove there was an infraction, as well as its duration (no mention of that at all), the hastily scribed bylaw is incorrect, therefore moot.
Another recent Coldstream bylaw shares its reputation.   

"I also don't want to suffer from mowers around here, too," admits Kia, "but I worry most about movement being listed." Movement is a noise?


So, with no reference to train whistles, we residents can only hope that Coldstream's next move will be to second a motion that the District of Coldstream supports the railway

What will that do, you ask?

Why, just like our farming sector recently learned, when Coldstream states their official "support" of an industry, they swifty follow it with bylaw(s) regulating it (most recently local farms received a bylaw that limits/designates where and how many farm signs they can display; and the Coldstream Ranch is now also "supported" with regulations on its landfill, which soil has to go where, and which roads their trucks can use.)

Thankfully, our farming sector is exempt from the new noise bylaw (otherwise they could put up one more sign...a For Sale sign).

Somebody on council should make a Motion to support the railway.

Because only then can train whistles be included in the noise bylaw.
And maybe people will stop threatening the train.

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