A Nanaimo man fed up with all the honking for flag-wavers on a local overpass wants the city to see its noise bylaw from his perspective.
Rory MacIver, who lives near the pedestrian overpass that crosses the old Island Highway at Norwell Drive, hears honking nearly every day from vehicles passing under the overpass where protesters have been gathering to wave Canadian flags.
MacIver said blaring vehicle horns are becoming more annoying as protests and demonstrations have become more frequent on the overpass.
B次元官网网址淚t started happening generally when the weatherB次元官网网址檚 nice B次元官网网址� It used to be kept just to the weekends,B次元官网网址� he said, adding that it now happens on weekdays, too.
B次元官网网址淪ummerB次元官网网址檚 coming. IB次元官网网址檓 a retired guy and IB次元官网网址檓 really looking forward to enjoying my yard and I really donB次元官网网址檛 want to listen to these. The car horns are annoying, but the semi [truck] horns are really quite loud,B次元官网网址� MacIver said.
MacIver complained to the City of Nanaimo, but bylaw officers say there is no provision in NanaimoB次元官网网址檚 noise bylaw that prevents demonstrators from encouraging drivers to honk their horns.
B次元官网网址淭he noise bylaw B次元官网网址� itB次元官网网址檚 beautiful, the way itB次元官网网址檚 written, but if itB次元官网网址檚 not enforced then itB次元官网网址檚 not really much help,B次元官网网址� MacIver said.
The City of NanaimoB次元官网网址檚 noise control bylaw states that B次元官网网址渘o person shall make, cause or permit to be made any noise or sound in or on a highway or elsewhere, in a private or public place, in the municipality, which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood or of persons in the vicinity.B次元官网网址�
MacIver argues that demonstrators are essentially inciting drivers passing by to make noise and are therefore the cause of the noise.
B次元官网网址淭he people honking their horns are making the noise and the people on the overpass with their signs are kind of causing that to happen B次元官网网址� it never happens when theyB次元官网网址檙e not there,B次元官网网址� he said. B次元官网网址淒o you think itB次元官网网址檚 just coincidence that it happens every time people are up there people honk?B次元官网网址�
MacIver said he has nothing against any specific group and doesnB次元官网网址檛 care about the flag-waversB次元官网网址� agenda.
B次元官网网址淲hoever is breaking the bylaw should stop breaking the bylaw,B次元官网网址� he said.
MacIver said he is not aware of any of his neighbours filing noise complaints about the demonstrations, even though some of their backyards face the highway and are even closer to the pedestrian overpass.
Dave LaBerge, city manager of bylaw services and community safety, said in an e-mail to the B次元官网网址 Bulletin that the complaint is a B次元官网网址渃urious interpretationB次元官网网址� of NanaimoB次元官网网址檚 noise bylaw.
B次元官网网址淭here is no provision which makes it an offence to incite others to produce excessive noise,B次元官网网址� he said.
LaBerge said the demonstrators are exercising their right to peacefully protest and motorists honking as a response to the presence of protesters is not inherently causation.
B次元官网网址淚f we were to follow this logic, supporters of political parties who stand on the side of the road waving signs for their favourite candidate at election time would be liable to prosecution when passing motorists honk in support,B次元官网网址� LaBerge said. B次元官网网址淚ntermittent honking on a major highway during daytime hours does not meet the definition of noise causing a disturbance.B次元官网网址�
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