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

Just Posted

Gwen Spencer Hethey with her uncle and mentor Major Frederick Richardson. (Courtesy of Greater Victoria Sports Hall of Fame)
‘She was a killer’: The Victoria woman who pioneered female sharpshooting

Gwen Spencer Hethey made military men ‘look like turkeys’ says her son

Anita Troop officially turns 100 on Sunday and cards are pouring in from around the world. (Courtesy Marina Miller)
Cards roll in from around the world for West Shore 100 year old

About 100 cards have come for the woman who turns 100 on Sunday

Patrick O’Brien, a 75-year-old fisherman, went missing near Port Angeles Thursday evening. (Courtesy of U.S. Coast Guard)
UPDATE: Search suspended for angler missing between Port Angeles and Victoria

The 75-year-old man was reported missing Thursday evening

A cardboard man bearing Queen Elizabeth II’s royal cipher has been placed in a window at the Royal Theatre for at least several days. (Evert Lindquist/News Staff)
Mysterious cardboard figure appears in Victoria’s Royal Theatre window

The identity of the figure, which was moved there amid cleaning, remains unknown

Black Press file photo
RCMP seek suspect in Vancouver Island-wide crime spree

Crimes stretched from Deep Bay to Qualicum, Ladysmith, Chemainus and Youbou

A small pod of Pacific white-sided dolphins pass by close to shore in Campbell River June 16, 2021. Still capture from video courtesy of Kimberly Hart
VIDEO: Dolphin sunset captured from Vancouver Island shore

Spectacular setting for view of travelling pod of Pacific white-sided dolphins

Patrick O’Brien, a 75-year-old fisherman, went missing near Port Angeles Thursday evening. (Courtesy of U.S. Coast Guard)
Search for lost fisherman near Victoria suspended, U.S. Coast Guard says

The 75-year-old man was reported missing Thursday evening

Bruce Springsteen performs at the 13th annual Stand Up For Heroes benefit concert in support of the Bob Woodruff Foundation in New York on Nov. 4, 2019. (Greg Allen/Invision/AP)
Canadians who got AstraZeneca shot can now see ‘Springsteen on Broadway’

B.C. mayor David Screech who received his second AstraZeneca dose last week can now attend the show

New research suggests wolves can be steered away from the endangered caribou herds they prey on by making the man-made trails they use to hunt harder to move along. THE CANADIAN PRESS/Nathan Denette
Culling cutlines, not B.C. wolves, key to preserving caribou herds: researcher

The government has turned to killing hundreds of wolves in an effort to keep caribou around

Gary Abbott (left) and Louis De Jaeger were two of the organizers for the 2014 Spirit of the People Powwow in Chilliwack. Monday, June 21, 2021 is Indigenous Peoples Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of June 20 to 26

Indigenous Peoples Day, Take Your Dog to Work Day, Onion Rings Day all coming up this week

Central Okanagan Grade 12 grads are set to get $500 each after a more than $1 million donation from a Kelowna couple. (File photo)
B.C. couple donating $500 to every Grade 12 student in the Okanagan

Anonymous donors identified as Kelowna entrepreneurs Lance and Tammy Torgerson

Rita Coolidge played the main stage at Vancouver Island Musicfest in 2017. (Black Press file photo)
This year’s Vancouver Island MusicFest to virtually showcase beauty of Comox Valley

Returning July 9 through 11 with more than 25 hours of music performances

British Columbia’s premier says he’s received a second dose of the Oxford-AstraZeneca COVID-19 vaccine. (Twitter/John Horgan)
B.C. premier gets 2nd dose of AstraZeneca COVID-19 vaccine

John Horgan shared a photo of himself on social media Friday afternoon holding a completed vaccination card

A lotto Max ticket is shown in Toronto on Monday Feb. 26, 2018.THE CANADIAN PRESS
No winning ticket sold for Friday’s $70 million Lotto Max jackpot

The huge jackpot has remained unclaimed for several weeks now

Most Read