Presentation to the Public Works Committee
by Tracy Fox
April 5, 2004

I sadly realize there is more crime in Hamilton then when I was a teenager. Many police spend most of their time chasing the bad guys, doing paper work and going to court.

I realize that the Police cannot MAKE LAW, they are here to EN-FORCE the LAW. Maybe you can be more persuasive towards the city, then I have been, and get the city to pass a noise by-law that can be enforced.

I live in an apartment building at 50 Mohawk Road W between Upper James and West Fifth. My apartment is on the third floor and faces Mohawk Road. I can no longer look out my windows because they are stuffed with foam in the hopes of deadening the sound, no such luck.

I also work at a business at the corner of Mohawk and Upper James.

I have some major concerns that so far no one has been able to properly address for me, and you are my last hope for any sense of sanity.

My first concern is: The street I live on (Mohawk Road West) is a PART TIME truck route. I know this because I have researched the truck routes on the Hamilton.ca website. I also can look out my window and see a clearly marked truck route sign that states trucks 7:am to 7:pm. Trucks use this street 24/7. All trucks, big trucks, medium trucks, tanker trucks etc.

One transport company (a chronic violator) I contacted by telephone twice. They are Mohawk Hospital Service. This was on the advice from a police officer, (when I phoned the police to complain about the trucks).

When I called, the man I spoke with at (Mohawk Hospital Service) informed me that they are an essential service, the hospitals would closed down if they did not get their laundry! I told him that the hospitals could get their laundry via the Link or the highway (VIA Truck Routes) and that their drivers were just being lazy. I noticed that during the recent bike race these trucks were forced to use the link and were not traveling on Mohawk Road. These trucks are not the only trucks violating the truck route but they are definitely breaking the law on a daily basis.

Mohawk Hospital Services has had problems with noise emissions from the laundry facility that have already been taken care of. (see attachment)

Transport Trucks have many gears and as resident of this street I have the misfortune of hearing everyone of them. It is a long slow process especially when they are at a complete stop at West Fifth, or have just rounded the corner at Upper James.

As a resident I believe I should be able to open my window in the evening without listening to trucks. Trucks who are clearly breaking the law! The Barn, No Frills and Canadian Tire close their loading docks at 5:30 so these trucks are not making deliveries to these stores.

As the residents suffer, NOTHING is being done to the drivers or the companies they work for. By-law won't do anything, the police won't or don't do anything and the Politicians won't do anything.

Years ago people near West Fifth and Mohawk went as far as hiring a lawyer and took the city on, about the noise. Nothing happened except these people were out money. I am not sure but maybe this is when Mohawk Road became a part time truck route.

The second concern I have is Modified Mufflers. I was under the impression that mufflers were put on a car, to make it quieter. Years ago when my muffler got noisy I worried I would get pulled over for unnecessary noise before I got to Speedy.

Now a kid can put $900 to $1000 into their muffler system and drive up and down the street terrorizing people blocks away. You can hear these cars coming from 1-2 blocks away. Have you noticed that the majority of modified mufflers are on standards? We the people get to hear 1st gear, 2nd gear and so on and sometimes when they are going too fast (which is always on this stretch) they have to gear down for the stoplight. This is especially annoying because these cars do a little backfiring when they are gearing down in a hurry.

When these cars go by my home I have to cover my ears (this is when the windows are closed) when the windows are open I wear ear protection. Could someone please explain to me why I should have to wear ear protection or cover my ears in my own HOME.

Months ago by-law sent an Officer to sit in his car and listen to the noise. He said "if people have modified mufflers on their car It must be legal" Something that makes that much noise, and is annoying should not be allowed, and surely shouldn't be legal (I am unsure of the date this happened, I do know it was on the days leading up to a huge bar brawl involving many people and many police, this was the weekend by-law came out) I invited him up to my apartment so he could enjoy the sounds that I enjoy, but he passed.

My ears have deteriorated significantly in the past year. They ring none stop. I wake up with a headache every morning. When I am at work, these cars are gunning their engines in the lane way just behind where I work. It is not pleasant!

Night time is the worse, especially Friday nights and Saturday.

If I wanted to listen to the sounds of a race track, I would go to the track. This noise is not due to the fact I live and work on a busy street, the noise is everywhere. I have no problem with regular traffic, even sirens. It is the low volume of the mufflers and the constant thumping of stereos. When I called By-law with this complaint, I was told that no one else had complained. People I talk to say "I don't even notice it anymore", could this mean that their ears have already been damaged?

I mentioned to By-law that in the United States they have noise laws with stiff monetary fines and the offenders car is towed immediately to a compound. This By-law man said , "this is Canada not America" so because I live in Canada (which in my opinion has very lax laws) I can be terrorized in my own home, because no one will stand up to the noise makers and say NO we will not allow you to pollute are environment with NOISE!

My third concern is booming car stereos. Could you please tell me how a citizen is legally allowed to put 40-50 pounds of speaker equipment in the trunk of their car. Enabling them to terrorize innocent people walking on the streets, driving in their cars, and people just minding their own business in their own homes.

This is my take on booming stereos. For one to two blocks I hear, boom boom, boom boom The most booms that I have counted are 15. That is not taking into account that when traffic is tide up at the red light these guys can be sitting outside my window for 4-5 minutes.

It is time for Hamilton to step up to the plate and protect its citizens from this dangerous noise . Boom Box stereos and modified mufflers have to BANNED. There is no noise by-law that can be passed that will solve this noise problem.

I spoke with Drive Clean because I thought when they were doing the emissions test they could check the car for modified mufflers and stereos. They said this was up to the Ministry of Environment. Drive clean is for air Pollution, what about noise pollution?

I talked with many people so I am confused about who told me this. (By-law or city hall) I asked that they monitor the sound on the street, I was told this was impossible to do but apparently it is not. I have inclosed an attachment that says the sound of traffic can be monitored.

Some would say why don't you move? Should I also quit my job?, to get away from the NOISE.

Frank D'Amico my alderman at the time told me "Noise complaints are on an individual basis, I just needed their plate number and make of car." Not easy to do when your in BED trying to sleep, plus there are 1000's of these cars.

My third concern is SPEED and peoples driving habits. People in this city have gone mad when it comes to their driving. I get scared just slowing down to turn into my driveway. People are swerving, honking. I don't need clocks in my house because every morning and each afternoon, I can hear the blaring horn of the school bus driver because cars are just whizzing on by the school bus.

I travel down Upper Sherman quite frequently there is a huge sign that says seniors crossing just before Macassa Lodge. People just fly down that street. A young man and a boy where crossing the street the driver of the car just blared his horn, did not apply his brakes, just laid on the horn and just missed the kid on the bike. I am convinced that drivers in Hamilton do not know that the speed limit is 50 km. The speed limit in the city should be changed to 40 km per hour then at least people would only do 50 km. Not the 60 km + they drive now.

I ask the City of Hamilton to Set a Precedent and BAN modified mufflers, and boom box stereos , or boom cars (as I have heard them referred to) there is no need for these systems to be in a moving target. Our noise by-law WILL NOT WORK, DOES NOT WORK

I also ask the City of Hamilton to look into raising the fines and point loss of moving violations. And that the courts make it harder to get these tickets dismissed in court. The amount of dismissals must be great and it has to be very disappointing for police officers in this aspect of their job.

My suggestions for slowing down the traffic is speed bumps, and, on street parking, on the four lane roadways. Maybe this way, we can inconvenience these people who think they rule the roadways.

The speed limit on city streets must be reduced to 40 km per hour, NOW! Hopefully the drivers would then only drive 50 km per hour.

I would also suggest Traffic School, if someone gets a ticket the only way they can get their points back is by going to School. ( I know there are costs involved) but if it saves one life?

I know that the city councilors will talk about this ad nauseam, but common sense dictates that the noise in this city can be controlled. You can look at a muffler and tell that it is going to be noisy and that it has been modified. I don't know if any one has been stopped at a traffic light and had one of these boom cars in the vicinity, just look at your rear view mirror, it is actually vibrating from the Noise.

As I wind down my well thought out letter I am thinking back to the late 1980's or early 90's. There was a Judge who held court in a James street South building, he was holding court, but he couldn't concentrate, plus he was being bothered.

He was bothered by a man who played his trumpet in front of Jackson Square for small change. The trumpet man was swiftly moved on, so the Judge could do his work in peace and quiet. Now I definitely am not a Judge, but I think I deserve the same treatment, and I deserve peace, and quiet in my home and at my employment.

Sincerely

Tracy Fox
302-50 Mohawk Road West
Hamilton, Ontario L9C 1V7

cc:
Mayor Larry Dilanni
Terry Whitehead Councilor Ward 8
Jagoda Pike, Publisher Hamilton Spectator