HomeMy WebLinkAboutCLD-035-08CI~lllgt0ll REPORT
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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
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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