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HomeMy WebLinkAboutCLD-035-08CI~lllgt0ll REPORT beading the Way CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 1, 2008 ~~u~~~~_b~7'o~ Report #: CLD-035-08 File #: Subject: PROPOSED IDLING CONTROL BY-LAW BY-law #:~~- a? IS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Couhcil the following: 1. THAT Report CLD-035-08 be received; 2. THAT the By-law to prohibit excessive vehicle idling, attached to Report CLD-035-08, be forwarded to Council for approval; and 3. That the interested pprties listed in Report CLD-035-08 be advised of Council's decision. ~~-~_ -~~ Submitted by: P tti arr' , CMO Municipal Jerk Reviewed by: Franklin Wu, Chief Administrative Officer PLB'LC* CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.:CLD-035-08 BACKGROUND In the spring of this year Council heard a delegation from a gentleman, Aiden Tombs, concerning the environmental impact of vehicle idling within the Municipality. This matter was referred to staff for study and comment. COMMENT Since the signing of the Kyoto Protocol in 1997, countries, provinces, states and municipalities have became more aware of the impact of "greenhouse gases" on the global environment. One source of these gases comes from unnecessary vehicle idling. Pollution from greenhouse gas emissions also causes climate change. Canadian motorists idle their vehicles an average of five to 10 minutes per day. A recent study suggests that in the peak of winter, Canadians voluntarily idle their vehicles for a combined total of more than 75 million minutes per day -equivalent to one vehicle idling for 144 years. All these harmful gases entering the air is another problem. Health Canada estimates more than 5,000 Canadians die prematurely each year because of air pollution. FACTS ABOUT IDLING (Source: CBC News In Depth November 25, 2005) 1. Fact: If every driver in Canada avoided idling for five minutes in one day; we would save 2.5 million litres of fuel worth approximately $2 million at current rates. 2. Fact: If every driver in Canada avoided idling for five minutes per day every day of the year, we would prevent more than 2.2 million tonnes of carbon dioxide from entering the atmosphere. REPORT NO.:CLD-035-08 PAGE 3 OF 5 3. Fact: If every Canadian driver, reduced their engine idling by five minutes a day, every day of the year, they would save about 55 litres of fuel worth about $45 ($0.82 per litre) and 131 kilograms of carbon dioxide into the air. 4. Fact: If every Canadian driver reduced their idling by five minutes per day, every day of the year, it would be equal to removing 379,310 vehicles from the road. 5. Fact: Idling for more than 10 seconds costs more than turning off your engine. 6. Fact: A recent study in the City of Toronto found that more than one third (35-45%) of parents idle their vehicles while waiting to pick up their children. 7. Fact: Service delivery vehicles spend 20-60% of their time idling, which costs fleet owners a great deal of money and gets them nowhere. 8. Fact: Stopping unnecessary vehicle idling is one relatively easy way to contribute to improved air quality and respiratory health in our communities. SPECIFICS OF PROPOSED BY-LAW In preparing for this Report Staff reviewed the various different means used by other Municipalities. Within Durham Region Pickering, Ajax and Oshawa currently have Anti-Idling By-laws. A breakdown of the approaches taken is attached to this Report as Table 1. Permitted idling time durations vary across the country from three minutes to ten minutes. Staff are recommending a five minute duration consistent with those municipalities within the Region of Durham who have Anti-idling By-laws. The By-law does not apply when the temperature dips below 5° or rises above 27°. This allows the driver to regulate passenger comfort for heating and cooling respectively. In order to accurately determine the weather temperature, the By-law states that the acceptable standard for the temperature measurement shall be the Environment Canada Oshawa current conditions website at: htto://www.meteo.gc.ca/trends table/pages/ytz metric e.html REPORT NO.:CLD-035-08 PAGE 4 OF 5 Staff are cognizant of the fact that there are times when a vehicle must be left to idle and these situations have been dealt with in the exemptions to the by-law. Chief among the exemptions are emergency vehicles, public transit vehicles (with certain specific limitations) and agricultural vehicles where it is necessary to leave them running while operating various other pieces of machinery. Staff have presented the Idling Control By-law as an amendment to the current Traffic By-law 91-58. The advantage to using this By-law is that it allows the Officer to simply issue a parking ticket for the offence. There is no need for the Officer to approach the driver, demand identification and become embroiled in a discussion or argument with the offender. This will also allow the Officer to deal effectively with vehicles which are often left vacant and running in front of schools or stores while the driver goes in to pick up their child or merchandise as the case may be. The By-law is not restricted to any particular location and shall be enforceable across the Municipality. OTHER ASPECTS OF DEALING WITH IDLING Enforcement alone is not enough. Cities such as Mississauga have opted to deal with Idling concerns by initiating a large scale public awareness campaign without having a By-law to fall back on. There are many provincial and national organizations which have prepared material for local municipalities to use. Among these are BC Transit's Clean Air Tool Kit, the BC Climate Action Toolkit, the Clean Air Partnership, Climate Change Central and the GTA Idle Free Campaign. These organizations have provided their information for public use and Staff will be drawing from that information for any public awareness campaign. Staff are anticipating that the combination of public education and potential penalty will encourage compliance. Staff will ensure information related to the new By-law is included on the Municipality's website and in the Clarington.net publication REPORT NO.:CLD-035-08 PAGE 5 OF 5 CONCLUSION AND RECOMMENDATION The harmful effects of vehicular pollution on the environment cannot be solved overnight or through one simple By-law; it will take years of work and increased public awareness. The proposed Idling Control By-law is a first step in a journey toward a cleaner environment for everyone. Staff therefore respectfully recommend that Report CLD-035-08 be approved and the attached By-law be forwarded to Council for passage and that the Interested Parties listed below be advised of Council's actions. Attachments 1. Table !: Key Features of Existing Anti-idling By-laws 2. Proposed Idling Control By-law 3. Interested Parties: Aiden Tombs 3 a i. m O! 9 rn c a m O d LL d Y Fd- ~ ~ N.d. N~ N C C ~O) N L O. ~'y C O E J y ~ ~ N O d L ~ ~ N d ~ . ~ C N w N d `O, ~ U U -O N y ~ ~ C O U O Q E ry N O L Y 3v> ? ~ > a ~ C ~N E C E p z~ ~ ~H O U ~ > r~ z cn p, m „ d a O ~ d N C V E C L . .. .O O w EEN C .d. C > O~ d N d U n ~. ~ 3 U ~ d V ~ O + N N 3 c t .-•- ~ ._ N c m `o . 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L N ~ m C U L C ~ ~ ~ ` N N iL»o333r~>aLL N O L O L mHUh~ a N lU O > J'3>>LL C N X ° Z _N c f W a N D U~ N C OIL ~Y c E C O a Q ~ h^. J> + THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2008- BEING a By-law to amend Clarington Traffic By-law 91-58 by prohibiting excessive idling of vehicles in the Municipality of Clarington. WHEREAS Section 10(2) paragraph 6, of the Municipal Act, 2001, permits a municipal council to pass a by-law and to make regulations for the health, safety and well-being of persons; AND WHEREAS vehicles are sources of nitrogen oxides, carbon monoxide, sulphur dioxides and volatile organic compounds in the Municipality of Clafington's outdoor air; AND WHEREAS vehicles which are left stopped and idling for excessive periods contribute greatly to the level of pollutants in the atmosphere; NOW THEREFORE BE IT ENACTED by council of The Corporation of the Municipality of Clarington as follows: 1.0 AMENDMENT 1.1 Clarington Traffic By-law 91-58 is hereby amended by adding the following: Schedule XVIII 1.D DEFINITIONS 1.1 Within this Schedule the following definitions shall apply: "idle" means the operation of the engine of a vehicle while the vehicle is not in motion and not being used to operate auxiliary equipment that is essential to the basic function of the vehicle and "idling" has a corresponding meaning. "layover° means stopping at a point along a transit route for a maximum of fifteen (15) minutes to allow a public transit vehicle to adjust to service schedules. "mobile work" means: a vehicle containing equipment that must be operated inside or in association with the vehicle; or ,public utility or police, fire or ambulance service. "ii) a vehicle serving as a facility for taking measurements or making observations or conducting maintenance or construction operated by or on behalf of a municipality "Municipality" means The Corporation of the Municipality of Clarington. "private transit vehicle' means transit vehicles other than public transit vehicles, such as but not limited to school buses, tour buses and motor coaches. "public transit vehicle' means Durham Transit vehicles. "stopover" means a scheduled delay of a maximum of fifteen (15) minutes at a public transit vehicle terminal to allow public transit vehicles to adjust service schedules. "vehicle" means a motor vehicle, trailer, traction engine, farm tractor or road building machine as defined in the Highway Traffic Act and any vehicle drawn, propelled or driven by any kind of non-muscular power but does not include any electrically powered cars or electric or diesel electric railways running exclusively upon rails. 2.0 GENERAL PROVISIONS 2.1 No person shall cause or permit a vehicle to idle for more than five (5) consecutive minutes. 2.2 The five (5) minute limitation does not apply to: i) police, fire or ambulance vehicles, or public transit vehicles while engaged in operational activities, including training activities exoept where idling is substantially for the convenience of the operator of the vehicle; ii) vehicles assisting in an emergency activity; iii) mobile workshops while they are in the course of being used for their basic function; iv) vehicles where idling is required as part of the repair process or to prepare a vehicle for servicing; v) armoured vehicles where a person remains inside the vehicle while guarding the contents of the vehicle or while the vehicle is being loaded or unloaded; vi) vehicles that remain motionless because of an emergency, traffic or weather conditions or mechanical difficulties over which the driver has no control; vii) vehicles engaged in a parade or race or other such event authorized by the Municipality; viii) public transit vehicles and private transit vehicles while passengers are embarking or disembarking en route or at terminals; ix) public transit vehicles while at a layover or stopover location, except where the idling is substantially for the convenience of the operator of the vehicle; x) vehicles transporting a person where a medical doctor certifies in writing that for medical reasons, the person requires the temperature or humidity be maintained within a certain range; xi) vehicles when the ambient outside temperature is more than 27 degrees Celsius (27° C) or less than five degrees Celsius (5° C); xii) vehicles actively used in an agricultural operation which requires the vehicle to be operational while work is in progress. 2.3 The provisions of this Schedule do not apply to federally-owned lands upon which cars or electric or diesel electric railways run exclusively upon rails. 2.4 Notwithstanding Section 2.1 herein, no operator of a private transit vehicle equipped with an airconditioning system shall cause or permit the said vehicle to idle for more than 10 consecutive minutes of engine idling time to bring the vehicle to a tolerable temperature for the convenience of the passengers. After the 10 minute time period, the operator of the private transit vehicle shall turn off the engine for a minimum period of 15 minutes before restarting the engine, unless the operator is moving the vehicle forthwith. 2.5 No operator of a private transit vehicle not equipped with an air- conditioning system shall cause or permit the said vehicle to idle for more than five (5) consecutive minutes in accordance with the provisions of this By-law. 3.0 ENFORCEMENT 3.1 Any person who contravenes any provision of this by-law is, upon conviction, liable to any penalty provided in the Provincial Offences Act. 3.2 The Court in which a conviction has been entered, and any other court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted and such order shall be in addition to any other penalty imposed on the person convicted. 4.0 INTERPRETATION 4.1. Any use of the singular term includes its plural, any use of a masculine term includes the feminine term and any use of the present tense includes past tense where applicable in this By-law. 4.2 For the purposes of determining current weather conditions as required in Section 2.2(xi), the published temperature as shown on the Environment Canada website for the City of Oshawa shall be accepted as the accurate temperature in effect at the time of an infraction. 4.3. If any section, clause or provision of this by-law is for any reason declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of this by-law as a whole or any part thereof other than the section, clause or provision so declared to be invalid; and it is hereby declared to be the intention of Council for the corporation that all remaining sections, clauses or provisions of this by-law shall remain in full force and effect until repealed, notwithstanding that one or more provisions thereof may have been declared invalid. 4.4. This by-law shall apply to all locations and properties within the Municipality of Clarington. 2.0 EFFECTIVE DATE 2.1 This by-law shall come into force and take effect upon final passage. BY-LAW read a first time second and third time this day of 2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk