Town of Niagara-on-the-Lake and local pickleball club fined $1,000 for violating noise bylaw

For the quiet town of Niagara-on-the-Lake the game of pickleball, very popular with seniors, is — according to a justice of the peace — just too loud.

Oana Scafesi, a resident of the town of Virgil, filed charges against the town and club in provincial offences court after she said the noise from the pickleball courts at the Centennial Sports Park became too disruptive for her to live comfortably in her home at Lambert's Walk – a townhouse community right beside the park.

On June 15, Justice of the Peace Mary Shelly ruled in a Welland court that both the town and NOTL Pickleball Club were in violation of the town's noise by-law, fining them each $1000 and ordering the pickleball courts closed for two years. 

"While the Town is certainly disappointed by the outcome of the hearing, it remains committed to exploring ways to mitigate noise at the courts and finding a suitable location for pickleball to be played in Niagara-on-the-Lake," Marnie Cluckie, NOTL CAO said.

The town is looking for a "mutually acceptable solution" that will allow pickleball players to enjoy their sport while respecting those in the surrounding area, Cluckie said.

"Finding a solution that benefits all parties is important, and staff remain committed to this task," she said.

Sound made from the outdoor pickleball courts were found to violate section three of the town's noise by-law that states, "no person shall make, cause or permit sound or vibration at any time, which is likely to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the inhabitants of the town."

The town confirmed that the first noise complaint was received in Oct. 2019 and steps had been taken by the pickleball club to install a windscreen to help with noise reduction in 2020.

Hours of operation were also reduced from 7 a.m. until 11 p.m. to 8 a.m. until 10 p.m. for pickleball players.

Following the court ruling, town staff have said that they will try to work with the pickleball club to find an alternate location for use of an outdoor court.

For now, the NOTL Pickleball Club has space to play inside the Centennial Arena and at the NOTL Community Centre.

The courts are currently available for pickleballers between 9 a.m. and 9 p.m. on weekdays and 9 a.m. until noon on weekends.

Indoor pickleball has its "pluses and minuses" said new club board member Tracy Booth.

She said it would have been a great day to play outside because of the nice weather, especially considering there's no air conditioning and airflow in the arena.

"And these cement floors are very, very slippery. People fall on them," Booth said.

"A lot of our players are not young and so it's a very dangerous situation for some of them."

Booth said that very few players are actually coming out and using the Centennial Arena even though it's free for the club to use. 

She said the floors at the community centre are a bit more forgiving, more comparable to a school gym, but it's not the same traction that the pickleball courts provide.

Despite the setbacks after the court ruling, "the board is really optimistic that we can work with the town to come up with a viable indoor solution for now until we find out what's going on with the outdoors," Booth said.

When asked if she thought pickleball creates a lot of noise, Booth pointed to the sound of pickleball paddles and balls in play happening inside the area.

"It can be quite loud. I don't know just where this person lived – how loud it was in her house," Booth said.

"I don't think it's that loud, but I mean, it's not quiet."

As an avid pickleball player herself, Booth said she is "so enthusiastic" about the possibilities for the NOTL Pickleball Club as they move forward and work together with the town to find a new outdoor space to play.

She said her pickleball journey started when it was introduced at the YMCA and she has seen the sport grow exponentially in the past six years.

"Pickleball is everywhere now, whereas when I first started it was just a couple little pockets," Booth said.

The NOTL Pickleball Club has approximately 250 members currently, but Booth said there are new members joining every week. 

Most members are over 40 years of age, but there are some younger members. She said one of the club's long term goals is to start a youth program because there are other areas, like Hamilton, that see many young players out on the courts.