HomeMy WebLinkAboutCLD-034-07
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REPORT
CLERK'S DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
(]. I h -t!.{."'PA-loa<j- D1
November 5, 2007 ~IA 6')1 7
Date:
Report #: CLD-034-07
File#:
By-law #:
Subject: REQUEST FOR EXEMPTION TO TRAFFIC BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-034-07 be received;
2. THAT the request of Mr. J. Strickland, Tirecraft Auto Centres LId, to park a vehicle
with a registered gross weight of 7,250 kg on Dadson Drive, Bowmanville, be
denied; and
3. THAT Mr. Strickland be advised of Council's decision.
Submitted by:
o~&~~
Reviewed by: Franklin Wu,
Chief Administrative Officer
PLB*LC
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.:CLD-034-07
Page 2 of 4
BACKGROUND AND COMMENT
At the regular Council meeting on Monday October 15, 2007 Council considered a letter from
Mr. Jim Strickland, Manager of Tirecraft Auto Centres Ltd. requesting an exemption from the
on-street parking restrictions set out in Clarington's Traffic By-law 93-57. The matter was
referred to the Municipal Clerk's Department for review and report.
Mr. Strickland sought permission for his employee, Dwayne Hilderbrandt to park his truck on
the road at his home on Dadson Drive in Bowmanville on a regular basis, stating that
Mr. Hilderbrandt is on 24-hour emergency standby for the Municipality of Clarington and the
Region of Durham for roadside assistance to their vehicles.
The vehicle in question is a 2004 white GMC C4500 rack truck. This is a medium sized
commercial truck with a registered gross weight of 7,250 kg. The overall dimensions of the
vehicle exceed those of a passenger car or pickup truck. For ease of reference, photographs
of the vehicle have been attached to this report as Attachment NO.1. The letter submitted by
Mr. Strickland is attached as Attachment No.2.
The vehicle cannot be parked on the owner's property because it exceeds the permitted
4 tonne (4,000 kg) limit for on-site parking in the Zoning By-law 84-63. Clarington's Traffic
By-law 93-57, section 4(3) prohibits the on-street parking of a commercial motor vehicle with a
registered gross weight over 5,000 kg on any highway except in an industrial zone. The
by-law allows for a 3 hour on-street parking limit with a prohibition on vehicles being parked on
any et between the hours of 3:00 a.m. and 5:00 a.m.
Dadson Drive, at the subject location, is 8.5 metres in width. It is a residential street and is not
designed for the permanent on-street parking of a vehicle of this size while still allowing free
and unrestricted on-street parking.
REPORT NO.:CLD-034-07
PAGE 3 OF 4
Mr. Strickland has stated in his letter that this is an emergency vehicle. Although
Mr. Hilderbrandt does provide roadside assistance to the Municipality and to the Region,
the vehicle is not considered to be an emergency vehicle in accordance with section 144(1)
of the Highway Traffic Act, which defines an emergency vehicle as:
"(a) a vehicle while used by a person in the lawful performance of his or her duties as a police
officer, on which a siren is continuously sounding and from which intermit/ent flashes of red
light or red and blue light are visible in all directions, or
(b) any of the following vehicles, on which a siren is continuously sounding and from which
intermit/ent flashes of red light are visible in all directions:
(i) a fire department vehicle, as defined in section 61, while proceeding to a fire or
responding to, but not while returning from, a fire alarm or other emergency call,
(ii) an ambulance while responding to an emergency call or being used to transport a
patient or injured person in an emergency situation, or
(iii) a cardiac arrest emergency vehicle operated by or under the authority of a hospital;"
A tow truck or other roadside assistance vehicle is not included within that definition.
In preparing this Report, staff asked the Operations Department how often Tirecraft has been
called upon to provide emergency after-hours roadside assistance for municipal vehicles.
They have indicated that there are no records of this happening in the last four years.
It should also be noted that staff were recently directed to examine the parking of Recreational
Vehicles and other large commercial vehicles on residential streets. The subject vehicle is as
large as or larger than many of these Recreational Vehicles. Staff are currently considering a
by-law to restrict the parking of such vehicles in residential zones in accordance with the
Zoning By-law.
REPORT NO.:CLD-034-07
PAGE40F4
Given the existing restrictions and limitations, staff respectfully recommend that
Mr. Strickland's request for an exemption to the Traffic By-law be denied and that he be
advised of Council's decision.
ATTACHMENTS: 1
2
Photo of subject vehicle parked on Dadson Drive, Bowmanville
Letter Submitted by Mr. Strickland
INTERESTED PARTIES:
Mr. Jim Strickland
Attachment No. 1
To Report CLD-034-07
I
I
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Attachment No. 2
To Report CLD-034-07
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1250 Thornton Road South, Oshawa, ON LlJ 7E2 (905)728-9432 Fax (905)728-8095
September 25, 2007
Municipality of Clarington
40 Temperance Street
Bowmanville, ON LlC 3A6
Attention: Municioal Law Enforcement Division
Dear Sirs:
Please be advised Mr. Dwayne Hilderbrandt is on 24 hour emergency standby
for the Municipality of Clarington and The Region and the Region of Durham for
road side assistance for all of their vehicles. '
Tirecraft requests exemption for his emergency vehicle to be parked overnight
on the street when in service. The vehicle is a white 2003 GMC rack truck,
licence plate 825-6MT. His home address where the vehicle is parked on the
street while waiting to be called is 64 Dadson Drive in Bowmanville.
Please do not hesitate to contact the writer for further information. Thanking
you in advance, I re ain
Jim
land
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