Outcome of injunctions for live music events in Electoral Area H

November 20, 2024

Nelson, BC: The Regional District of Central Kootenay (RDCK) is providing an update on the injunctions sought for two live music events, The Labour of Love and High Frequency, held during the summer of 2023 in Electoral Area H, near the community of Vallican.

Beginning in the summer of 2021, the RDCK Bylaw Enforcement Team received multiple complaints for disturbances caused by organized live music events in Electoral Area H. These events were held on long weekends throughout the summer and grew substantially in size every year.

The level, duration, vibration, and frequency of the events were described by the surrounding community as "unbearable to residents" who were made to endure high base electronic dance music or trance style music from Friday until Sunday nonstop, day and night. The music was disruptive to the surrounding community, preventing people from sleeping at night, working from home, enjoying the outdoors peacefully, or even the ability to spend time with friends and family on their own property. The RDCK also received many reports of stress caused to animals, as well as pollution to the Slocan River which is a source of drinking water for many in the area. There were also significant safety concerns due to the number of vehicles blocking access for emergency vehicles to the road. There was a real possibility that a fire could occur during the hot and dry summer, thus putting everyone in danger.

RDCK Bylaw made many attempts to work with the event organizers who received fines the previous year, but still decided to continue with the events.

All parties signed a consent order filed in the Supreme Court of British Columbia acknowledging the following:

• The respondents have contravened the RDCK Noise Control Bylaw No. 2440, 2015 s.3 by suffering or permitting a person to cause excessive noise during an outdoor music event that disturbed the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood or of persons in the vicinity on July 29, 2023 and July 30, 2023.
• The respondents shall each pay a fine of $1,500 to the RDCK (total fines $6,000).
• The respondents shall not host, nor permit anyone else to host, a music event or music festival on the property.
• The respondents shall not host, nor permit anyone else to host, any event in the Regional District of Central Kootenay that violates the Regional District of Central Kootenay Noise Control Bylaw No. 2440, 2015.
• The parties will bear their own costs associated with the preparation and entry of the order.

The RDCK would like to recognize and acknowledge the residents who brought forward concerns regarding the disturbances that were suffered during the previous summers. The RDCK attempted to work with the organizers of both events during and prior to 2023, but felt it necessary to escalate enforcement due to an unwillingness to adhere to the Bylaws and out of respect for all affected citizens. Noise travels far in rural areas and it is strongly recommended to exercise compassion and communication with your neighbors prior to moving forward with events that can affect people that may reside kilometers away.

For more information about Bylaw Enforcement in the RDCK go to www.rdck.ca/bylawenforcement.

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The content on this page was last updated November 20 2024 at 2:02 AM

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