for Soundscape Awareness and Protection
359 - 1985 Wallace Street, Vancouver, BC, Canada V6R 4H4 Phone (604) 222-0207
Web Site: www.quiet.org E-mail: info@quiet.org

Fall 2005

Noise victim wins in court

More than two years ago the Right to Quiet Society was contacted by a Vancouver condo-owner with an inconsiderate, noisy neighbour (please see Message from an anonymous sufferer, NOISE-Letter, Spring 2005, p. 7). Aside of other obstacles, it was also difficult for her to find out who can provide guidance and assistance in resolving the noise problem. We supported her with information and advice on how to proceed. The problem had dragged on for a long time, but all the victim's efforts and perseverance finally paid off.

The problem started in November 2002. The sufferer approached the perpetrator, his parents, strata council, building security and property manager; all in vain. Then the victim began to call police and register noise complaints. It is often difficult to get police to respond in time while the noise is still on. The bylaw office will prosecute, but requires a police report as evidence. On July 20, 2004, police visited the victim's home, spent about 55 minutes there and heard the boom-booming music from next-door. The officers then knocked at the 28-year-old perpetrator's door. It took a while for him to hear it. He was issued a $ 200 ticket for an offence of Vancouver's Noise Control Bylaw # 6555, section 4, b).

The young man, possibly on his father's advice, refused to pay the fine and chose to dispute the matter in court. Prosecutor I. Dixon handled the case. The hearing was scheduled for July 22, 2005, in provincial court in Vancouver, where we met the somewhat nervous sufferer. A lady judge presided. She was fair, yet strict. The young perpetrator asked that his father may represent him, due to being shy; granted. All involved parties were heard. The defendant's father, with no good excuses available, started asking foolish, irrelevant questions that the judge stopped immediately. The two police officers were the last ones to give evidence. At last, the prosecutor asked for a $ 600 fine, which was reduced to $ 400 by the judge when the young offender plead financial hardship. The fine was to be paid within three months. To date we heard of no more problems.

Useful Resources

Notice of Annual General Meeting

Date: Wednesday, October 12, 2005, Time: 7:30 p.m.

Location: 3788 West 8th Ave., Vancouver (In the lobby of a residential building, one block north of West Broadway and half a block west of Alma St.)

Speaker: Patrick J. Ryan, M.Sc., P.Eng., Traffic Management Branch, Engineering Department, City of Vancouver

Topic: An explanation of SoundSmart, a resident's guide to sound living in the City of Vancouver

SoundSmart aims to inform you about what noise is, what causes it, how it affects us, and how to better control, reduce or avoid it. The full document is available at www.vancouver.ca/soundsmart

Entire contents © 2005 Right to Quiet Society. Cartoon © 1996 Right to Quiet Society
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