Delta plans to take stronger action against the misuse of blueberry cannons.
Delta council approved a new noise bylaw Monday that will give bylaw officers and police the power to fine blueberry farm owners caught contravening rules on the placement of cannons and when they are fired.
It's been an increasing problem that's been a frustration for homeowners living near blueberry fields, especially in East Ladner.
Noting most of the complaints received were regarding only a couple blueberry farms, municipal property use and compliance manager Hugh Davies told the Optimist farmers currently have Right to Farm legislation that protects them from complaints or local government nuisance bylaws, including those involving noise. That means if the municipality wanted to issue a ticket for a blueberry farmer, that fine could be thrown out of court.
When a complaint is now made against a blueberry farm that may be breaking provincial Ministry of Agriculture regulations, all the municipality can do is direct the complainant to the B.C. Blueberry Council, which would send a representative to the farm to address the issue, but not issue fines.
In some cases, the property owner would simply move the cannons if they were within the 300-metre setback limit to residences, or stop firing them, during the complaint process, before it could then reach the next level where Delta bylaw enforcement staff could get involved, Davies said.
Now bylaw enforcement officers can be first responders to complaints.
"Now we could go through an adjudication process here at the hall, which could carry a $500 fine, or we could go to provincial court, which is for a ticket up to $1,000, or the third course is to go through a long-form information and a court hearing, which has a maximum of $10,00," said Davies.
Noting farmers have options such as nets and other bird scare devices instead of cannons, Davies said fines would be issued in cases where a farm owner has been warned but continues to be in contravention.
Last summer, over 100 residents attended a meeting on the issue, expressing frustration that blueberry farm owners seemed to have a blatant disregard for neighbours when it came to using propane cannons. One particular farm owner drew most of the angst.
Since then, Delta has been working on the issue, meeting with provincial officials, the farming community and homeowners, before coming up with the new bylaw. It still requires Ministry of Agriculture approval.
Delta is already the first jurisdiction in the province to have received noise bylaw approval to move the setbacks for propane cannons from 200 metres to 300 metres, part of an "edge planning" initiative by the province.
