Kelowna can't go it alone in trying to muffle excessive noise from boats on Okanagan Lake, so city councillors decided Monday to seek provincial regulations to stop the racket.
They unanimously approved a resolution affecting boats and motorcycles that "police officers be provided the legislative tools so they can enforce the Motor Vehicle Act prohibiting noise in excess of 92 decibels at engine idle and 96 decibels at 2,000 r.p.m."
"I can no longer stay silent," joked Coun. Luke Stack in proposing a resolution for the Southern Interior Local Government Association (SILGA) convention in Salmon Arm on March 1-3. He hopes it would then be forwarded to the Union of B.C. Municipalities' annual convention in September.
In his preamble to the resolution, Stack explained: "Motorcycle noise and motor boat noise is often excessive as a result of modification of muffler and baffler exhaust systems even though modifications to increase noise levels are prohibited under the Motor Vehicle Act.
"He pointed to standards of noise emission established by the Society of Automotive Engineers, a standard reviewed, evaluated and supported by the Canadian Motorcycle and Moped Industry Council and Transport Canada.
The proposed levels are 92 dB(A) when engine is idling and 96 dB(A) when engine is at 2,000 r.p.m.. The 92 and 96 decibel levels are slightly higher than the 91 level established by the regulation to the Provincial Motor Vehicle Act, he noted.
One year ago, Kelowna city council gave preliminary approval to a bylaw which had decibel limits of 92 decibels for motorcycles idling, 96 decibels when motorcycles are on the road, 90 decibels for car stereos and 85 decibels for boats.
However, council was warned by Kelowna RCMP Supt. Bill McKinnon that it would not be easy or practical to enforce the boat limit on the lake because it would only apply as far as Kelowna's north and south boundaries, and only to the middle of the lake.
At that time, councillors decided to hold the bylaw in abeyance and await provincial regulations. With a March 1 deadline looming for SILGA resolutions, Stack wanted to get the ball rolling again. In the next month or two, when boats hit the water again, public complaints will begin again, said Stack.
The Motor Vehicle Act regulations simply say an exhaust muffler shall "ensure that the exhaust gases from the engine are cooled and expelled without excessive noise" without specifying how many decibels.
It also says no one shall drive or operate a motor vehicle when the muffler is cut out or disconnected from the engine, when the exhaust outlet has been opened or widened, or when a device is attached that increases the noise or allows a flame to be emitted from the exhaust system.