Banff to crack down on sidewalk music, retailing

The Town of Banff plans to crack down on illegal use of outdoor speakers blasting music in public and the display of commercial merchandise on downtown sidewalks.

Both illegal practices aim to draw people into individual businesses, and on Monday (Jan. 9), council directed staff to strictly enforce the relevant bylaws following a brief education campaign to the business community.

Council, did, however, agree to allow a limited display of outdoor sporting equipment rentals and directed administration to draft regulatory wording that could allow music at public events if approved by council.

“I think music is a good thing. I think it creates a mood, an ambience, but the challenge is music is very personal, and people have different tastes,” said Mayor Karen Sorensen.

“You can’t have Wild Bill’s playing country and western music and Giorgio’s playing Italian music and the two conflicting and creating noise. But I am interested in music in a consistent and appropriate way.”

The desire for seasonal outdoor music is likely to be raised by the Competitive Initiative winter marketing committee as part of a series of recommendations to enhance Banff’s image as an aprés ski destination.

The committee is also expected to present a submission to council for installation of ski racks in downtown Banff at selected locations, on-street food and beverage retailing, mascots and ambassadors.

Town staff have relaxed enforcement on illegal outdoor retailing since 2007 due to the negative affects of the Banff Refreshing construction project on businesses.

Following a downturn in the local economy in 2009-2010, enforcement continued to be limited and was based primarily on written complaints only – but council believes it’s now time to step up enforcement again.

Randall McKay, Banff’s planning and development manager, said issues have arisen with respect to a ‘range of objects’ placed in front of a building to attract patrons to a specific business.

“In some instances, objects or wares are displayed, but may not necessarily be for sale,” he said. “A determination is made on a case-by-case basis as to whether or not such objects constitute a sign, display, merchandise or neither.”

While there will be stricter enforcement, council did ask administration to draft a policy that would allow for a limited display of only outdoor activity rental equipment like skis, bikes and skates.

Councillor Leslie Taylor said she believes outdoor retail displays of clothing, shoes and souvenirs “lowers the esthetic look of the street”.

“However, I’d be willing to consider limited outdoor display of activity equipment that is for rent – skis, snowboards, bikes and skates – because I think that might encourage people to be active in the outdoors,” she said.

“Outdoor equipment like skis is a different issue. It’s a private business sponsoring a public service… it says we’re about outdoor activity and I think that’s much different than a T-shirt hanging on a door.”

As for outdoor speakers, the main intent of section 45 of the Town’s Community Standards Bylaw is to prevent businesses from using music or sound as a means to attract people to their premises.

The bylaw department had been enforcing the bylaw on written complaint only.

Coun. Stavros Karlos said his main concern centred on when businesses overtly used music to entice patrons into their business.

“Is it OK if four places have speakers outside or is it OK if 15 places have outdoor speakers?” he said. “I don’t want to get crazy with this, but I don’t know at what point it becomes annoying.”

Taylor said the issue could prove to be a “major slippery slope”.

“When one organization puts out speakers, then others do; when speakers are there and no one’s complaining, the volume goes up and when no one’s on the patio, the music is still playing,” she said.

“At what point does it become annoying? Personally, I think we are at that point. One person’s music is another person’s noise and it’s always going to be. That’s the problem with projecting music into the public realm.”

Coun. Paul Baxter said the issue needed proactive enforcement.

“I don’t understand why we have a bylaw we don’t enforce.”