I've got a set of drums, various guitars and amps. I set up a space in the basement. Usually have headphones plugged into the modelling amp, and when I do drum it's just to tap out a simple beat to record.
As much as I'd like to crank 'er, I don't in deference to others.
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I'm going to with the premise that the original poster is being less than forthright in presenting the details. In fact, it's likely the situation has escalated to the point where a bylaw officer investigated the complaint and deemed it warranted.
Wow, this thread really brought out the troops.
I honestly have brought out all the details. The reason why this one is a bit of a grey area for me is because this is the "Corrective Action Required":
Ensure any noise - namely drums which are being played in the garage - is mitigated in order to contain the noise within your property." More on the noise bylaw can be found under the Community Standards bylaw 5M2004 Sections 27-33.
So from this paragraph the one word I'm stuck on is "mitigated". I have no clue how much mitigating I need to do. Is it a certain level I need to get it down to? What will be considered an appropriate level? I've put in a call to the by-law officer to get some more clarification on the issue, so that'll be a start.
I appreciate everyone's comments on the topic; obviously there are a number of opinions. With regards to playing in the house, the reason I moved them out is because being 20ft away in a house with the drums vs. 100 ft in the garage I figured it wouldn't bother the people in my house or the neighbours. I apparently got that one wrong. I will be putting in blankets in the bass drum and I'll probably grab some insulation to put up on the walls to help the situation. The thing is though, I don't know if that will be enough to "mitigate" the problem.
I'll also go talk to the neighbours as well, see if it's a time thing, a loudness thing, etc. I just don't want to get a fine; and Reggie is right in that I also want to avoid having to spend $160 to make sure my drums are quiet enough at 5pm, even once I put in the effort to get them quieter. I am struggling with having to go to those lengths to please a neighbour at 5pm...that part does frustrate me. But I'll mitigate what I can...I just want to know its enough.
I can also appreciate a few of the comments about not being a good drummer; trust me I've thought about that. I'm learning and I think I'm not too bad now; I can at least vary the beats up but I am also practicing some repetitive drills which I suspect get a bit annoying.
As for whether it's against the law or not, I read up on the sections and 27 (2) states that we can't make a noise which disturbs or annoys a person. I was honestly pretty surprised by the vagueness of that statement because it realistically could apply to anything.
Anyways, thanks for all the responses...I plan on halting the drumming for a few days until I get the place "mitigated", whatever the hell that means.
EDIT: There is no way I'm buying electronic drums to appease people. They aren't cheap and if a lady next door with a baby is fine with the drumming that goes on, I suspect I can work something out with the neighbour who is having issues with it.
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I've got a set of drums, various guitars and amps. I set up a space in the basement. Usually have headphones plugged into the modelling amp, and when I do drum it's just to tap out a simple beat to record.
As much as I'd like to crank 'er, I don't in deference to others.
I'm sure your nursing home appreciates you being so considerate!
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I believe the 30 minute drumming session would fall the - non continuous sound section.
Over 85dB for 15 minutes during the day.
Bylaws aside, I would try to track down the complainant, and try to find a time that works better, and also, try to dampen the drums as much as you can.
Last edited by You Need a Thneed; 04-23-2010 at 11:09 AM.
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Over a 1.5 year period I had my next door neighbour report me to bylaw probably (and I'm judging by the blue notices I kept) 30ish times. They were all unfounded, I never got fined for anything. Noise, not shoveling my walk, dirty backyard, anything they could phone me in for. One of the most frustrating things I have ever had to deal with.
At first I didn't know who it was, I would phone the bylaw and they refused to tell me who was reporting me, even though eventually they agreed it was harassment. I only caught on when one of the blue slips had info on it that incriminated them, of course they denied everything. It eventually stopped when I said I would be taking legal action against them if it continued to happen. Some people can just be jerks, and I hate the fact that they just didn't come up to me and talk about whatever their issue was (still don't know to this day).
As long as you're not breaking the law, and it sounds like you aren't I would just continue to do your thing.
Over a 1.5 year period I had my next door neighbour report me to bylaw probably (and I'm judging by the blue notices I kept) 30ish times. They were all unfounded, I never got fined for anything. Noise, not shoveling my walk, dirty backyard, anything they could phone me in for. One of the most frustrating things I have ever had to deal with.
At first I didn't know who it was, I would phone the bylaw and they refused to tell me who was reporting me, even though eventually they agreed it was harassment. I only caught on when one of the blue slips had info on it that incriminated them, of course they denied everything. It eventually stopped when I said I would be taking legal action against them if it continued to happen. Some people can just be jerks, and I hate the fact that they just didn't come up to me and talk about whatever their issue was (still don't know to this day).
As long as you're not breaking the law, and it sounds like you aren't I would just continue to do your thing.
Out of consideration for the other person, I'll put some effort in for sure...I can now appreciate some of their concern however they went about it. What I'll likely do is put in blankets, put up some insulation and then keep playing. I just don't want that to be considered "not mitigating enough" and boom, $100 fine. That's my problem.
Under the common law, persons in possession of real property (land owners, lease holders etc) are entitled to the quiet enjoyment of their lands. However this doesn't include tenants, or visitors etc as they aren't considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.
To be a nuisance, the level of interference must rise above the merely aesthetic. For example: if your neighbour paints their house purple, it may offend you; however, it doesn't rise to the level of nuisance. In most cases, normal uses of a property that can constitute quiet enjoyment cannot be restrained in nuisance either. For example, the sound of a crying baby may be annoying, but it is an expected part of quiet enjoyment of property and does not constitute a nuisance.
Trying to bring a nuisance claim based on 30 minutes of drums at 5pm would be an uphill battle. Based on the statute provided earlier in the thread it's not even a violation of a by-law.
As long as you're not breaking the law, and it sounds like you aren't I would just continue to do your thing.
Except that it’s too late for that - by not taking appropriate action up front, the OP is now deemed in violation according to the city. He’s been warned, and there likely won’t be a second warning before the fines roll in.
I’m somewhat surprised that after shelling out for drums, and lessons, the $160 for a set of pads is a big stumbling block. They are going to get a lot of use, they are going to eliminate the noise problem, and they are actually going to extend the life of the drum heads, so what’s the big deal.
Heck, $160 barely buys a decent pedal for guitar these days, and I STILL can’t crank it.
Except that it’s too late for that - by not taking appropriate action up front, the OP is now deemed in violation according to the city. He’s been warned, and there likely won’t be a second warning before the fines roll in.
I’m somewhat surprised that after shelling out for drums, and lessons, the $160 for a set of pads is a big stumbling block. They are going to get a lot of use, they are going to eliminate the noise problem, and they are actually going to extend the life of the drum heads, so what’s the big deal.
Heck, $160 barely buys a decent pedal for guitar these days, and I STILL can’t crank it.
Two things; one is I was given the drums...my cousin moved to Austria and left me his entire drum set. So in reality I shouldn't have an issue paying the $160.
The reason I'm reluctant to is the principle of the matter; I have no issue doing the towel thing, I can get the insulation from work...fine. I'll put in sweat equity to make the situation better. I can't find myself to go out and pay $160 to appease a neighbour because I'm apparently bothering him/her at 5pm.
Just thought I'd add that pillows(s) work really well in drums to deaden them (same idea as the blankets). Also, if you get some thin rubber type stuff you can put that under the cymbals to deaden that sound.
Otherwise it is unfortunate that 30 minutes at 5 pm is an issue for anyone.
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Trying to bring a nuisance claim based on 30 minutes of drums at 5pm would be an uphill battle. Based on the statute provided earlier in the thread it's not even a violation of a by-law.
I'm not suggesting claims can be made. Just was curious about the common law rule.
White-collar conservatives flashing down the street Pointing their plastic finger at me. They're hoping soon my kind will drop and die, But I'm gonna wave my freak flag high . . . HIGH!
Hah, hah Falling mountains just don't fall on me Point on mister Businessman, You can't dress like me. Nobody know what I'm talking about I've got my own life to live I'm the one that's gonna have to die When it's time for me to die So let me live my life the way I want to.
Just thought I'd add that pillows(s) work really well in drums to deaden them (same idea as the blankets). Also, if you get some thin rubber type stuff you can put that under the cymbals to deaden that sound.
Otherwise it is unfortunate that 30 minutes at 5 pm is an issue for anyone.
5pm would actually bother me more than most other times. WHen someone just gets home from work and is watching the news and preparing dinner the last thing they want to do is put up with drums.
For me towards 7-9pm would be much better because I'm usually watching TV or a movie or have gone out for the evening.
Don't get electronic drums if you're just learning as you will reinforce poor technique (not learn properly). Same with drumpads if you're new.
My advice is learn to tune the drums properly. When tuned, they sound much larger with much less velocity on the strike. This means that you can play with less force and learn proper drumming while still being satisfied with the sound.
Oh, and because they now sound larger, even though you're hitting quieter, they are in fact quieter and will not cut through the garage as much.
just wanted to chime in with my experiences in a similar situation. some friends and i were playing together and had a bylaw officer stop by and tell us to stfu.
actually he was a pretty sweet guy, and he explained that the issue is entirely in your neighbour's court. any noise that is disturbing to them is too much.
as others have said, talk to the neighbour. explain that you didn't think 5pm in the garage would be a problem but that you are taking steps to reduce the volume and want to know if any other time would be OK with both parties. maybe agree on a half hour time limit. from having a roommate that was a drummer, not knowing when they're going to stop is the worst of it.
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Just to add to the insulation bit, you can get dry wall called queitrock that works really well.
We use it here at work for our theaters and it is wonderful. You can have a movie blasting at Spinal Tap 11 (thanks to the early ref.) and not here it in the offices just 10 feet away. It might be pricey but it sure does work....
