This is an important issue for some people in the neighbourhood. The following emails on the subject are printed with permission. The emails were taken from groups.yahoo.com/group/dufferingrovefriends.

Neighbours,

As many of you probably know, it is illegal to play amplified music out of doors in residential neighbourhoods. It's a city by-law and one that is based on respect and consideration. Unfortunately, for the third summer in a row, one of our neighbours is again breaking this by-law.

I am speaking about a lovely dynamic woman who owns the convenience store on the corner near where I live. This afternoon she has re-instituted her live amplified music concerts on her patio. The previous two summers she had the concerts going EVERY weekend. Many times the music was so loud and went on for so many hours that my husband and I (who live a half a block away) had to clear out of the house. As I write this, I am sitting at the back of my house and the music from the store is an unwelcome presence--even though most of the windows are closed.

I have spoken to the store owner about the negative impact her amplified music has on my family, but this failed to convince her to stop her illegal concerts. In frustration, I have called City Councillor Adam Giambrone's office. I have called the department at the city that deals with noise complaints-but because the convenience store's noise only happens on the weekends, they never seem to send anyone out to investigate. I have even called the police. The police have told me I have to take the store owner to court--something I'm not interested in doing. I would like to resolve this amicably. So the illegal concerts continue.

I am writing the group to ask for assistance. The only way the music is going to stop is if more than one person asks for it to stop. Are there others out there who would be willing to call Adam Giambrone's office to complain, or to sign a petition? 416-392-7012, or to talk to the store owner?

Thanks,
Meredith Levine
mer_levine@yahoo.ca

(response from Meredith to two messages that came in return, suggesting that she might want to move to the suburbs or become more tolerant of city sounds)

A. and B.,

Thank you both for taking the time to engage with me in an email conversation. I applaud you both in wanting a neighbourhood that is alive and vibrant, and welcoming on the street. This is what I want for the neighbourhood as well.

Again, this convenience store is a wonderful asset to our community.

The issue, however, is not the store's owner or music, it is unending amplified sound. This is noise pollution.

The amplified sound is not just present when I step outside--it is very much a presence inside my house. When these 4-6 hour concerts take place every weekend, usually both days, I can not listen to music of my choice in my home. I cannot speak to family and friends on the phone. I cannot veg out with a video. And I cannot enjoy just some quiet, after a week of putting up with construction sounds, work etc. This is a major negative impact on precious, limited leisure time.

The store's owner has invested in live, amplified music not just to add flavour to the community. She's a business woman and she needs a return on her investment. She wants us to come and listen and buy her french fries and ice cream and pizza, and pop, etc. For, her business is primarily junk food.

For those of you who are advocating the store's amplified music be given free reign, I would strongly argue this is not an urban lifetyle/values vs. suburban lifestyle/values debate. For your position leads to the trumping of commercial interests over basic considerations of neighbours. Thankfully, we are not a commercially zoned neighbourhood where business considerations largely take priority over those of residents. We are a residential neighbourhood. And this means that we have a right to certain limits on noise pollution.

Finally, there are alternatives to the store's amplified concerts that would be more considerate of their closet neighbours, but wouldn't silence the music. But the store's owner has chosen not act on these alternatives. These are:

1. non amplified music
2. amplified music but inside
3. amplied music outside but in a space that is commerically zoned for amplified music and where the store's owner could set up a kiosk and sell her wares.

Meredith

Dear Meredith,

Noise pollution is awful because it's inescapable and it gives so much spoiler power to the person with the amplification. This past Saturday, Councillor Giambrone held his annual "Summerfest" at Dufferin Grove Park and his plans included a five-hour amplified DJ-concert in the centre of the park. After strong protest from various people at the park he agreed to have the amps relocated to the Dufferin Street side of the park so they would be facing toward the mall rather than toward the houses. He declared his intention to have the sound track his way next year, though.

People living near or using neighbourhood parks like Trinity Bellwoods Park and many other parks have real heartache with amplified music, and it must be similar for you on your street, not being able to enjoy the peace of your house (every weekend!?!!). It's amazing, and sad, that there is even a by-law (I didn't know) and yet the City will not enforce it. I have several suggestions in addition to the very sensible thing you're already doing, i.e. asking your neighbours for help:

1. Join forces with others who are trying to control the unrestricted amplification of music in public space (in your case, the audible space of the neighborhood) -- e.g. Trinity Bellwoods park advisory council, friends/neighbours of Dufferin Grove Park
2. forward the fair and balanced letter that you wrote to the "dovercourt park" list serve to the dufferingrovefriends list serve, and the dufferinpark web site (neighbourhood section), and also post a few copies at Dovercourt Park, along with the text of the by-law restricting amplified sound
3. Write Councillor Giambrone a letter with at least ten signatures from your neighborhood (I hear that fifty signatures will guarantee action of some kind on almost any municipal issue), and cc that letter to both the Mayor's office and the Toronto Star.

Jutta Mason

Meredith,

I agree that the convenience store's location in the heart of a residential community is a poor choice of venue for outdoor amplified concerts. I'm far enough away that I can't hear it indoors but I have been driven indoors by it and I fully support your efforts to discourage noise pollution. No one expects just silence and birdsong in a downtown neighbourhood but we should be able to expect reasonably quiet enjoyment of our homes and gardens. Not very neighbourly of the store's owner.

K. Bradden

Additional words of empathy from Fernbank Ave..where the primary noise pollution nusciance is the noise generated by the boom boxes used at the Portuguese Festival which runs the July first weekend...ear plugs don't help here...in a home where open windows are the source of air on the hottest weekend of the year...last year attempts to watch the soccer world match in English were overridden by the Portuguese broadcast in the park...the one concession gained in the past years is that the boom boxes and music cease at midnight..for someone who is noise sensitive having the amplified concerts every summer weekend would drive me to distraction, and wearing earplugs in one's own home is not an option...heaven knows having to endure the noise generated by the air conditioners in the neighbouring homes is bad enough...

Diana Abraham

From Brian Gordon:

I certainly can empathize with Rosie’s plight caused by noisy neighbours. Every year, we have to put up with a large, noisy refrigeration truck parked right in front of our house on Fernbank Ave. The truck engine and compressor hum, groan, and blare all day long for an entire weekend, twice every year. On warm days, we get startled awake as early as 7 AM by the truck’s noise that persists throughout the day and into the night, well past our bed time.

Some might say that we should just put up with this noise because we live in a city and not the suburbs. Now, if we lived in a condo at the corner of Yonge and Dundas, I might concede to that argument. But, as has been pointed out, this is a residential area, so residential concerns should prevail. If loud, penetrating noise interferes with residents’ peace of mind, means must be sought to reduce or eliminate that noise. That’s just common decency.

James Gardner wrote:

The meat truck problem was actually solved by speaking to the perpertrators. Have you tried this tactic?

Brian Gordon:

Yes, we have addressed our concerns with the people operating the truck. They said they have to keep the meat cold and that they need to have the truck near the gym door, and that's about it. We asked them not to turn the truck on too early on Saturday and Sunday, since we like to sleep past 8 AM when we can, but to no avail; while they said they would try not to turn the truck on until 10 AM, they actually turned it on before 8 AM this past Saturday and Sunday. Do you know who negotiated the solution with the truck operators last year?

As I understand this situation, the truck operator would have to have a permit to park the truck in the park That's why I see this as a city issue, particularly after having communicated our concerns to those immediately involved. I wonder, too, if this truck is contravening the city's anti-idling by-law.

I am glad that Meridith, you spoke with Rosie before asking our city counsellor to be involved.

What is Rosie doing with her convenience store?

In an effort to make a place where people want to congregate in the city, she is being punished. I applaud her efforts. What is the goal? For each of us to have a little sound-proofed fortress where we do not hear sounds of life from our neighbours? There are lots of other variety stores in the area. She wants to make a place where people would want to come. She attracts lovely people from what I gather.

It would be way easier for her to sit in her box and go along and be like every other convenience store in the city. She is doing something different and bravo to her.

The sounds of music and of people enjoying themselves is a good thing in a community. There is a difference between hearing the music and being really bothered by it.

My neighbours seem to have big parties very often with their religious group. As long as it is pleasant people laughing, it is welcome. That is not to say that I liked it right off the bat. It took some getting used to. Now it is good.

It is far better to live in a place where there are obvious signs of life.

If perpetual quiet is what you seek, go to the suburbs. It is quiet there. You never see or hear your neighbours there.

I am not saying this to be mean, I just think that there is room for people who think like you do.

Living like that is not a goal of mine. That's why my home is in the city. I am sorry that hearing the music is unwelcome and unappreciated. At least it doesn't happen late into the night and only on weekends from what I can tell. You can plan around it.

Go visit friends in the suburbs or the country or better yet, try to find the beauty in the music.

It sounds pretty great to me.

Sincerely,
Erella Ganon

Here is the noise bylaw. I can't fully navigate the technical jargon. But, I'm assuming that it is sub section 591-5 A. on page 7 of this PDF that is what we're both interested in. And further explanation can be found by scrolling down to NPC 205.

www.city.toronto.on.ca/legdocs/bylaws/2003/law0111.pdf

Meredith