PICKLEBALL CLUB, TOWN CONVICTED OF NOISE BYLAW INFRACTION

Outdoor pickleball has been silenced at the Virgil Sports Park in Niagara-onthe-Lake.

The town, along with the Niagara-on-the-Lake Pickleball Club, have been convicted of violating a noise bylaw.

At a hearing on June 15, the court imposed fines of $1,000 on both the town and the pickleball club. As well, a probation order has been placed for two years not to commit a further breach of the noise bylaw.

In a statement, the town's chief administrative officer, Marnie Cluckie, explained that the justice of the peace limited the extent of the probation order to apply only to pickleball at Virgil Sports Park, where the alleged noise infraction occurred.

Cluckie said the courts have been closed while the town explores ways to mitigate the noise. The indoor courts at Centennial Arena remain open.

"Legal counsel and town staff will be discussing the next steps with town council at an upcoming meeting," Cluckie said.

Niagara-on-the-Lake Pickleball Club president John Hindle said his understanding of the prohibition is that its intent is for the outdoor court to remain empty to prevent another noise infraction.

He said his club was shocked by the decision.

Part of Hindle's frustration is that the club was included in the complaint at all, when there's no way to verify members had any involvement in the alleged infraction.

The alleged infraction took place in October 2020.

Hindle said his club was not active in 2020 due to COVID-19.

"We weren't operating whatsoever at that time, and it's a stretch for us to understand how we're even involved in the charge, other than the prosecution didn't know that COVID had closed us way back as early as March that year," he said in an April interview. "We didn't reopen until the following July."

Hindle said moving to the indoor courts at Centennial Arena is just not the same.

"Pickleball is a game that is to be played outdoors," he said. "We play indoors here in Canada just because of our climate. If we were in Florida or Arizona, we would play outdoors all-year round."

Hindle said the $1,000 fine is hefty for the nonprofit club, but he's confident it will endure.

"The club is strong," he said. "We have fabulous people. We've been through two years of COVID. We'll get past this, too."

The tennis courts at Virgil Sports Park were converted into six pickleball courts in 2019.