HomeMy WebLinkAboutCS-15-91 TOWN OF NEWCASTLE
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NESTING: GENERAL PURPOSE AND ADMINISTRATION
DATE: APRIL 22, 1991
REPORT #: CS-15-91 FILE #:
SURECT: SPEEDING BOATS/GRAHAM CREEK HARBOUR ENTRANCE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose &
Administration Committee recommend to Council the following:-
1. That Report No. CS-15-91 be received; and
2 . That staff be directed to liaise with the Port of Newcastle
Marina officials seeking their co-operation in posting speed
limit signs from the Graham Creek mouth to the Marina
entrance.
1.0 BACKGROUND
1. 1 Council at its meeting of February 25, 1991 directed "the
problem of speeding boats on the river located in the Bond
Head area" , be investigated "to determine the law enforcement
agency having jurisdiction and what measures can be undertaken
to rectify this problem. "
2.0 REPORT:
2 . 1 Staff have contacted several law enforcement and provincial
agencies to determine what legislation exists in regulating
boating in Graham Creek mouth and which agencies have
legislated authority in this area.
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REPORT NO. CS-15-91 - 2 - APRIL 22, 1991
2 .2 The Federal Governments ' Canada Shipping Act regulates all
navigable waters within Canada and is the authority for
boating and shipping regulations enacted by the Province.
Although several Provincial ministries have responsibilities
in regulating boats the Ministry of Natural Resources is the
lead ministry and is responsible to co-ordinate intra
provincial regulations and inter government contact between
the Federal and Provincial Governments .
2 . 3 At the present time there is no legislation controlling boat
speeds in Graham Creek or other waterways within Newcastle.
Speed limit signs which have been erected along Bowmanville
Creek were erected by the local marina and as such are not
enforceable. They are successful in that the signs suggest
an acceptable speed limit and most boaters are inclined to
adhere to the suggested speed without challenge.
2 .4 Regulation is desirable for reasons of boater safety in the
close confines of the waterway also to prevent unnecessary
damage to docks, buoys, shoreline armouring and water craft.
A suggested speed for such situations according to the
Ministry of Natural Resources is 10 km. /hr. (6 m. /hr. ) .
3.0 LAW ENFORCEMENT:
3. 1 Enforcement of boating speed limits could be associated with
several agencies such as the Royal Canadian Mounted Police,
Marine Division; the Ontario Provincial Police, Marine
Division or the Durham Regional Police. Where enforceable
speed limits are imposed, the Ministry of Natural Resources
would determine which agency is most appropriate to enforce
the regulation.
4.0 OPTIONS:
4 . 1 The Town has three options to consider:
a) request the Ministry of Natural Resources to make
application to the Federal Government to regulate
enforceable speed limits .
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REPORT NO. CS-15-91 - 3 - APRIL 22, 1991
b) install voluntary or suggested speed limit signs; and
c) take no further action;
5.0 PROCESS:
5. 1 Although not recommended at this time Council may wish to
proceed with enforceable speed limits, application must be
made through the Ministry of Natural Resources who on the
behalf of the municipality would seek approval from the
Federal Government. The Ministry would administer the
regulation and determine the appropriate law enforcement
agency. The Town's responsibility or involvement might be
limited to the installation and maintenance of regulatory
signs . This however would be determined at a later date.
5 .2 The Ministry of Natural Resources will work with local
municipalities to regulate boating speed limits . One example
is the Scugog River as it passes through Lindsay. It is
enforced by the Lindsay Police.
6.0 OBSERVATION:
6 . 1 The extent of the problem from speeding boats in Graham Creek
is difficult to determine at this time. Visual evidence of
erosion relating to speeding boats is not evident. The few
locations of minor erosion are likely related to high water
and not speeding boats . The docking and boat launching
facilities in the area have recently been constructed and
incidents of speeding boats may increase as a result of the
Public Launching Facilities schedule to open in 1991. At this
point, staff is recommending option "B" , to post speed limit
signs agreed to by the Marina and the Town. It is anticipated
that this action will be adequate to control the situation.
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REPORT NO. CS-15-91 - 4 - APRIL 22, 1991
The Town could retain the option at some later date should it
prove necessary to seek enforceable legislation through the
Ministry of Natural Resources .
Respectfully submitted, Recommended for presentation
to the Committee,
,.
Josh P. Caruana, Director Lawrenc 'I. Kotseff
Dep.rtment of Community Services Chief As iistrative Officer
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