Nancy Kinney owns the property on Old East Road in Saanich, which was the subject of two noise complaints for a ‘growler jet’ sound coming from the riding ring building. A judge ordered her to pay both $200 tickets. (Google Earth)

Nancy Kinney owns the property on Old East Road in Saanich, which was the subject of two noise complaints for a ‘growler jet’ sound coming from the riding ring building. A judge ordered her to pay both $200 tickets. (Google Earth)

Judge deems Saanich property not a farm, orders owner to pay $400 in fines for excess noise

Nancy Kinner said she was protected under Farm Practices Protection, judge disagrees

A Saanich resident was ordered to pay two $200 tickets for two days of excess noise, which one neighbour testified sounded like a “growler jet” coming from her property on Old East Road in Saanich in May 2018.

Nancy Kinney told the courts she didn’t dispute the noise complaints but stated the noise was a normal farm practice and asserted she was protected under the Farm Practices Protection (Right to Farm) Act. Kinney didn’t present any evidence, nor did she testify at the hearing on Oct. 16.

The Farm Protection Act states any sound of noise caused by farming activity carried out in a reasonable manner on farmland between the hours of 7 a.m. and 9 p.m. is exempt from bylaws.

Judicial Justice Hunter Gordon wrote in a judgment posted online this week, that there was no evidence Kinney has a farm business and ordered the payment.

READ ALSO: Langford has ‘no plans’ to make changes to Western Speedway after noise complaints

A Saanich bylaw officer testified she had been a frequent visitor to Kinney’s property, responding to numerous complaints since 2015 that related to the use of the property, unlicensed vehicles, illegal use of out buildings and noise.

On the far, northern end of the property is a riding ring — a large rectangular building with a base of two stacked layers of concrete blocks upon which numerous arched beams are attached, supporting a white rubber roof. The riding ring is located near Michael Romaine’s property, across the street.

Pictures, taken three weeks after the dates of the noise complaints, shown in court show a significant collection of vehicles and parts of vehicle that were not licenses and “clearly not roadworthy,” plus boat trailers, some with boats on them.

Michael Romaine testified that on May 20, 2018 while working on his property near the riding ring, he heard a loud consistent and continuous banging, along with a high pitched metal grinding, which he said was clearly emanating from inside the building. Adding that the noise went on for hours, making it hard to have conversations and could be heard in his home some distance away with the TV on and the doors and windows closed.

READ ALSO: Saanich resident calls for gas leaf blower ban

Romaine said the same noise, intensity and approximate length of time repeated itself on May 22, 2018. Adding that since Kinney had moved in about seven years earlier, he had not observed any farming activity but had seen lots of vehicles coming and going from the property.

He also testified that not long after Kinney had moved in, the two had gotten into an argument about an electric line and have had sour relations since.

Another neighbour, Elizabeth Wilson, who lives nearby with her mother testified that her mother could not sit on their deck during these dates because of the noise and that it could be heard from inside her home with the windows closed.

Kinney chose not to present any evidence for reasons she said were not directly related to the tickets, resting her defence solely on the law.

Justice Gordon wrote there was nothing to support that Kinney has a farming business and the activities in the riding ring were not remotely connected to a farm business or horses, despite the name.

Kinney explained, but not under oath, that the noise came from workers cutting holes in a large metal container in the riding ring to make door and window openings for a building for farm workers.

“As I see it, Ms. Kinney has approached her defence this way: ‘I have a large acreage in the Agricultural Land Reserve: ergo I must have a farm business, any activities I carry on must be a farm operation and any kind of building activity must be a normal farm practice. And those must be assumptions that require no evidence’,” wrote Justice Gordon.



kendra.crighton@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

kendra.crighton@

blackpress.ca

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

February 17, 2021 - Kaelyn (L) and Costin Campbell are Goldstream News Gazette 2021 Local Heroes.
Pint-sized duo inspires others to be green

Costin and Kaelyn Campbell are this year’s Environmental Heroes

Erin Oldman received a scholarship through Royal Roads University (RRU), called the Legacy Award, which is given out once every five years. Oldman graduated from RRU with a Masters of Arts in Human Security and Peacebuilding, and is using the award to establish a charity called International Humanitarian Assessments, which helps people in war-torn areas of the Middle East. (Photo contributed by Erin Oldman)
Royal Roads University graduate receives $25,000 award

Erin Oldman will use the award to establish a charity in the Middle East

Sandy Carmichael is a Goldstream Gazette 2021 Local Hero as Seniors’ Champion. (Don Denton/Black Press Media)
Worker bee returns to volunteer: Sandy Carmichael a fixture at Langford Royal Canadian Legion

Sandy Carmichael is the 2021 recipient of the Seniors’ Champion Award

The It’s Critical campaign has raised $5.89 million towards its $7 million goal to expand critical care capacity at Victoria’s Royal Jubilee Hospital. (Black Press Media file photo)
Critical care improvements make the list with Greater Victoria shoppers

Save-On-Foods pledges $300,000 to Victoria Hospitals Foundation’s It’s Critical campaign

West Shore Parks and Recreation facilities face a challenging future in terms of funding, due to reduced operations throughout the pandemic. (Black Press Media file photo)
West Shore Parks and Recreation faces challenging future

West Shore Parks and Recreation Society submits 2021 budget request to owner municipalities

Abbotsford’s Kris Collins turned to TikTok out of boredom when the provincial COVID-19 lockdown began in March 2020. She now has over 23 million followers on the video app. Photo: Submitted
Internet famous: Abbotsford’s Kris Collins is a TikTok comedy queen

Collins has found surprise stardom alone with a phone

Baldy Mountain Resort was shut down on Saturday after a fatal workplace accident. (Baldy Mountain picture)
Jasmine and Gwen Donaldson are part of the CAT team working to reduce stigma for marginalized groups in Campbell River. Photo by Marc Kitteringham, Campbell River Mirror
Jasmine’s story: Stigma can be the hardest hurdle for those overcoming addiction

Recovering B.C. addict says welcome, connection and community key for rebuilding after drug habit

A Vancouver restaurant owner was found guilty of violating B.C.’s Human Rights Code by discriminating against customers on the basis of their race. (Pixabay)
Vancouver restaurant owner ordered to pay $4,000 to customers after racist remark

Referring to patrons as ‘you Arabs’ constitutes discrimination under B.C.’s Human Rights Code, ruling deems

Dasher is back home with mom Christine Girvin thanks to some help from BC Ferries staff. Photo supplied
The cat came back, with help from BC Ferries staff

After Dasher made a dash, staff in Comox found her and got her home safe

Nanaimo children’s author and illustrator Lindsay Ford’s latest book is ‘Science Girl.’ (Photo courtesy Lindsay Ford)
B.C. children’s writer encourages girls to pursue the sciences in new book

Lindsay Ford is holding a virtual launch for latest book, ‘Science Girl’

Pig races at the 145th annual Chilliwack Fair on Aug. 12, 2017. Monday, March 1, 2021 is Pig Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Feb. 28 to March 6

Pig Day, Canadian Bacon Day and Grammar Day are all coming up this week

Staff from the Marine Mammal Rescue Centre, passersby, RCMP and Nanaimo Fire Rescue carried a sick 300-kilogram steller sea lion up the steep bluff at Invermere Beach in north Nanaimo in an attempt to save the animal’s life Thursday. (Photo courtesy Marine Mammal Rescue Centre)
300-kilogram sea lion muscled up from B.C. beach in rescue attempt

Animal dies despite efforts of Nanaimo marine mammal rescue team, emergency personnel and bystanders

Doctors and counsellors warn of an increase in panic attacks, anxiety, depression and suicide ideas between ages 10 to 14, in Campbell River. ( Black Press file photo)
Extended pandemic feeding the anxieties of B.C.’s youth

Parents not sure what to do, urged to reach out for help

Most Read