HomeMy WebLinkAbout2008-215THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2008-215
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
Clarington'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
1.0 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:
i) 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
except 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 air-conditioning 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
Acf.
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 8th day of December, 2008.
Jim Abernethy, Nlayor
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F?fatti arr CAAO; fviunicipal Cferk