Whitehorse Daily Star

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Photo by Photos by NORM HAMILTON

THE SHOW'S PURPOSE – Concert organizer Joel Gilchrist is seen in front of the playground which was to benefit from the Heavy Metal Parking Lot Show.

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Photo by Photos by NORM HAMILTON

DISAPPOINTING OUTCOME – Rory O'Brian of the band Drifting prepares to leave the concert scene Saturday. Some of the audience members are seen in the background.

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Photo by Photos by NORM HAMILTON

IT'S OVER – Steve Kragt of the band Radbadicals packs up the gear after the Heavy Metal Parking Lot Show which was to benefit a children's playground was shut down by Bylaw Services.

City orders benefit concert shut down

A concert staged as a fund-raiser for a children's playground was shut down by the city's bylaw department on Saturday night.

By Freelancer on July 25, 2011

A concert staged as a fund-raiser for a children's playground was shut down by the city's bylaw department on Saturday night.

"Everyone that came out here had a good time,” said concert organizer Joel Gilchrist. "They came with smiles; they left with angry looks on their faces.”

Seven bands were scheduled to play at the Heavy Metal Parking Lot Show in the parking lot of Sternwheeler Village from 2 p.m. to 8 p.m.

The bands included Drifting, Livin' in Thought, Radbadical, Psychik Weatherman, Kyruel and Cervexecution. with Bushwacker being the headliner.

Illness in the band caused Bushwacker to cancel so Cervexecution was to be the headliner.

About 75 people were attending the concert, including residents of Sternwheeler Village in lawn chairs on their front lawns, with more expected when the headliner began.

At around 5:15 p.m., they were told to shut it down.

During the afternoon, Bylaw Services had responded three times to numerous complaints about noise.

The volume was turned down after the first time and again after the second time, said Gilchrist.

The third time, Bylaw Services arrived with the RCMP and ordered the concert shut down.

An announcement was made that the choice was pack up or face jail time or a fine.

Gilchrist was surprised it had gone that far.

Both Bylaw Services and the RCMP had been notified during the week prior to July 9, with confirmation sent to them on July 11 or 12, said Barb LaChapelle, the manager of Sternwheeler Village.

"We have a lot of disappointed tenants,” LaChapell said. "The fund-raiser was to be for the park for the kids, but we lost money,” she said.

The city's senior bylaw services constable had advised her that no permit was required, as the concert would be on private property, she said.

However, when Bylaw Services arrived after the noise complaints, they asked for a permit, according to both Gilchrist and LaChapelle.

Section 42 of the Maintenance Bylaw prohibits making noises that disturb the quiet, peace, rest enjoyment comfort or convenience of the neighbourhood.

"Anything that is a noise, they need a permit for noise,” said David Pruden, the manager Bylaw Services.

Even events taking place in Rotary Peace Park or Shipyards Park require a noise variance, he said.

One nearby resident reported that she called Bylaw Services on Saturday afternoon about the noise. She was told the concert had a permit but that that they didn't know how long the concert would be playing.

Bylaw Services and the RCMP were given the flyer which had been sent to the tenants of Sternwheeler Village and knew the hours the concert would be played, LaChapelle said.

One of the conditions LaChapelle had stipulated in order for Sternwheeler Village to provide the space for the concert was that it had to be a substance-free event.

"They followed the guidelines,” she said.

"No one had to get kicked out of here. It was an alcohol-free zone. It was a drug-free zone. It was abided by,” said Gilchrist.

He added he believes the organizers did everything they could to ensure that all requirements were covered.

"Some loophole somewhere that somebody didn't mention, basically ruined the whole show for everyone,” he said.

Gilchrist's understanding was there would be no problem with noise unless it went past 11p.m., and the concert was to be over long before that.

The Noise Prevention Act prohibits disturbing the peace with excess noise between 11 p.m. and 7 a.m.

"Excitement had literally brewed for weeks before this show had happened and more and more people just got talking about it,” Gilchrist said.

"Having it shut down was just a kick in the face for everyone who showed up.”

Gilchrist was pleased to see people getting excited to see the bands, and socializing, that the bands were getting an opportunity for exposure and that the playground would receive some funding.

"It was an all-around good opportunity for everyone,” he said.

"The downside of the whole thing is I guess a lot of that wasn't worth someone's afternoon nap.”

"Bylaw being informed and everything, they should have known we were shutting down at 8 as well, and I'd imagine they did,” he said.

Gilchrist believes that anyone with a noise complaint could have been told when the concert would end.

"It was real disappointing. The show itself was a success and everybody around could see it.” he said.

Asked what makes a show a success, Gilchrist answered, "Seeing people having a good time when they show up.”

Norm Hamilton is a freelance writer and photographer.

By Norm Hamilton

Comments (14)

Up 0 Down 0

Fred Williams on Jul 29, 2011 at 4:47 am

ha ha...Pass the buck onto Bylaw...it's the easiest and most convenient thing to do...It's always the enforcement agency's fault when something goes wrong. How about someone who planned this whole thing may have screwed up. Take responsibility for your screw up.....it was good intentions...but I question having metal bands play in the middle of a family neighbourhood. I'd call Bylaw on you too. Next time, move it somewhere where no one will be offended, and take ownership of your mistakes.

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Anthony on Jul 27, 2011 at 11:44 am

What the hell were these people thinking?

Great idea, poorly executed. I'm an old metalhead from back in the day but I wouldn't want this playing out in my back yard.

There are plenty of places that are capable of hosting such an event. With half a brain they could have got community buy in, maybe even some corporate sponsorship and done it right. Maybe made it an annual event. God know kids in this town don't have enough to do.

Get it together fellas.....and horns up!

Up 0 Down 0

Duncan Johnstone on Jul 27, 2011 at 9:09 am

Another nice screw up from by-law, these kids took initiative and have been punished for doing so. Way to go on teaching our youth not to have initiative.

The lesson of the day, don't bother checking with by-law, they won't give you the right information anyway.

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Brice Carruthers on Jul 27, 2011 at 5:18 am

Great! Could we please get the Bylaw Officers to deal with "tent city" too?

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Cathy on Jul 26, 2011 at 11:01 am

The only apologies needed are for the organizers of this event to the people that were disturbed by this event. I live a fair ways down the street and was annoyed beyond belief by the racket that day. If I want to listen to music that should be my decision and my choice as to the music.

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mark on Jul 26, 2011 at 9:42 am

I live in the area and I noticed a bunch of teens carrying flats of beer in to the concert. Yes, it is a good idea to fundraise for a playground, but maybe this wasn't the best idea.

Up 0 Down 0

Francias Pillman on Jul 26, 2011 at 9:07 am

Permit or no permit. This type of loud concert has no place in a residential neighborhood. It has nothing to do with supporting the community. It is a disturbance, plan and simple.

Up 0 Down 0

Wesley Sherman on Jul 26, 2011 at 8:52 am

The fact is when bylaw were approached prior to this event, they made ZERO mention of permits. When specifically asked if they were needed they said "NO".

That sounds like bylaw's problem and they should be making an apology to all parties involved.

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Josey Wales on Jul 26, 2011 at 7:19 am

Hey this is awesome!

I really had begun to wonder if our endless by-law list of compliance rules... was EVER enforced?

With all the very obvious breeches of said by-laws/polite suggestions that we all see DAILY.

I wonder why there seems to be this diplomatic immunity to all the free loading new-age hippies @ the head government fortress?

As long as those tents are there & ZERO enforcement...the message I/we get?

anarchy prevails!

Last week one of the "homeless" (LOL) told me I should have my dogs leashed (and he IS correct)...but rules are rules.

So may be some untethered pooches.

Good job By-law for doing what we the tax-payers pay your department for...

ENFORCEMENT.

Were we out of stock with signage illustrating no loud noises?

Or did Liz jump on her broom, fly down there to stop yet another sign being posted...reminding those whom breech...that there are consequences to ones actions?

oops...forgot for a moment that I was in the Yukon and Canada...where nobody is accountable to ones actions.

Up 0 Down 0

Kwanlin Dun on Jul 26, 2011 at 6:09 am

I see nowhere in this article mention that they had in fact first obtained a permit from the City Manager or the Manager of Bylaw Services and he is wrong about the 11pm-7am bylaw which applies to construction equipment. People had every right to complain.

INCESSANT NOISES

22. (1) Everyone who makes or causes noises or sounds in or on a highway or elsewhere in the City which disturbs or tend to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood or of persons in the vicinity, shall upon warning from any Peace Officer cease making or causing such noises forthwith, or shall be deemed to have contravened the provisions of the bylaw.

(2) Construction equipment shall not be operated between the hours of eleven o'clock at night and seven o'clock in the morning (11:00 p.m. to 7:00 a.m.) except with the permission of the City Manager or the City Engineer.

NOISE MAKING DEVICES

23. No person shall shout or use a megaphone or other noise-making devices in, or at, or on the streets or other public places of the City without having first obtained a permit from the City Manager or the Manager of Bylaw Services.

get your facts straight before whining about it.

Up 0 Down 0

John Knops on Jul 25, 2011 at 11:36 am

Remember in a free country you are free only so long as one person objects. Not the majority - just one.

How nice to live in Canada.

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Francias Pillman on Jul 25, 2011 at 10:28 am

I'm glad it was shut down. You don't have this type of an event around where people live. Grab a brain.

Up 0 Down 0

JC on Jul 25, 2011 at 10:20 am

Nice to see the Bylaw Services doing their job. Congrats to them. Heavy metal is too much noise for people who want to live in a quiet atmosphere. Would it be too much to ask that they take it in the bush far away from residents? The older people especially don't to hear that kind of annoying noise.

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Nancy Cole on Jul 25, 2011 at 8:09 am

Riverdale would be a better place to live if the community got more involved. This was a super example of the community getting together to provide some entertainment and raise money for a good cause. Maybe by-law should educate their workers so when people come to get the appropriate permits they are give the correct information. The organizers of this event did everything in their power to follow the rules but the people who are supposed to know the rules apparently don't.

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