Outdoor pickleball courts opening delayed until at least June 24

The seemingly never-ending saga of the reopening of Virgil’s public outdoor pickleball courts continued at council this Tuesday. The result is a delay in outdoor pickleball activities until at least June 24. 

At the May 14 committee-of-the-whole meeting, it was revealed there would be a holdup in the arrival of acoustic noise-dampening panels for the courts, possibly until mid-July. Coun. Sandra O’Connor expressed concerns that day with the targeted June 17 reopening of the courts. 

A two-year court-ordered ban on outdoor play lapses on June 15. The ban was enacted in 2022 after Oana Scafesi, a resident of the neighbouring Lambert’s Walk condominium complex, filed a noise complaint and took the matter to Provincial Court in Welland. The town lost the case and was fined $1,000, as was the NOTL Pickleball Club.

Since then, an amendment has been added to exclude recreational activities on any town-owned property from the town’s noise bylaw, which is common in other municipalities. 

The reopening plan introduced in April included reduced hours of play, a trial run by Niagara-on-the-Lake Pickleball Club members using noise-dampening paddles, and the installation of the acoustic panels. 

A new staff report was part of council’s agenda this week. The report admits “there was some ambiguity with respect to whether the installation of the acoustic panels would be completed before the date of opening of the facility. While acoustic panels are not an absolute requirement, as good community partners, both the pickleball club and town staff want to ensure measures are taken to reduce sound generated from the recreational activity being transmitted to the neighbouring homes.”

The report goes on to explain that the panels are now expected to arrive during the week of June 24. Town staff will install the panels immediately, according to the report.

The town has discussed the situation with the pickleball club, and they have agreed that their use of the courts will not begin before the panels are installed. The club has also confirmed their commitment to helping fund the purchase of the acoustic panels.

O’Connor, who later withdrew her motion about the reopening date at the meeting, asked for clarification as to whether play will only start once the panels are installed. Director of operations Darren MacKenzie confirmed that plan, mentioning that June 24 is an estimated date for the panels to arrive.

Coun. Gary Burroughs then shifted the conversation to the issue of privately-owned pickleball courts and the noise generated by them.

Burroughs told The Local Thursday that a couple of NOTL residents have come to him with their concerns about pickleball courts installed by their neighbours. 

“One is a bed and breakfast that will no longer be able to operate because of the constant noise,” Burroughs said. “After the town being sued, all we’ve said is we’re going to control the noise on town property, nothing to do with private property. That’s why I asked about the rules for private courts.”

In response to Burroughs’ question Tuesday about protection against pickleball noise from private courts, MacKenzie said that private courts would fall under the regular noise bylaw.

“If there’s a noise complaint it would go through regular bylaw means,” said MacKenzie. “Private courts, for example, ones that have been put up at wineries, they would fall under the regular bylaw.”

MacKenzie’s answer suggests to The Local that there is little the town can do, other than under specific zoning issues, to prevent private citizens from erecting pickleball courts on their properties. 

“Currently, we are not enforcing the noise bylaw,” Burroughs says. “That’s for special events, that’s for anything. That’s a challenge we need to address. You can put in whatever you want as long as it’s legal. But the noise factor falls under the noise bylaw.” 

The Local has spoken to rural NOTL resident and regular NOTL Local contributor Jane Andres several times about this issue. 

Andres says the sharp, intrusive noise of paddles and balls that has been emanating from a neighbour’s backyard pickleball court since 2023 is aggressive and damaging, causing stress, depression and health problems for her and her husband Brian.

The bed and breakfast the couple operates has been hit hard by the noise, too. Where for many years the Andres’ clientele would make repeat visits to enjoy the serene, natural environment, she says most of her guests are cancelling plans because they can’t escape the noise. 

Burroughs sympathizes with Andres, adding that the exemption from the noise bylaw that applies to the public courts in Virgil does not apply to private courts such as the ones near Andres’ property. 

“We need to look at enforcement of the bylaw,” says Burroughs.