Port Moody is eyeing changes to its sound level bylaw that would hike the maximum fines significantly and add an escalating fine structure for repeat offences.
At Tuesday's meeting, council approved first three readings of the amendments, which come shortly after Pacific Coast Terminals started overnight construction work that was not approved by the city.
The changes would raise the maximum financial penalty from $2,000 under the current bylaw to $10,000 and imprisonment for not more than six months, as outlined under the Community Charter. A staff report notes municipalities can pursue a bylaw offender through a process commonly known as long-form prosecution, in which both sides appear before a provincial court judge, generally with lawyers present.
"The cost of long-form prosecution is such that the cost to the city of such proceedings will exceed the current maximum penalty of $2,000 in almost all cases," the report notes. An escalating fine structure would also be established for repeat offences, similar to several other PoMo bylaws.
Coun. Rob Vagramov suggested references to imprisonment should be removed but that motion was defeated.
Last week, PCT started overnight work that was expected to include excavating and other infrastructure work to extend the railway tracks as the company expands its facility to handle potash and canola oil. The work requires low-tide conditions, which, at this time of year, occur overnight.
Port Metro Vancouver authorized the nighttime work and although the city did not grant PCT a noise bylaw variance application, the company planned to proceed with the work anyway.
Council approved a motion for the city to write a letter to Port Metro Vancouver expressing the city's "indignation" that it amended PCT's noise provisions without notifying the city first, which runs contrary to the Canadian Environmental Assessment Act, according to Coun. Rick Glumac.
In an email to The Tri-City News, Mayor Mike Clay said he was not aware of any complaints about the overnight work that started last weekend at PCT but bylaw enforcement staff are ready to handle any complaints.
