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HomeMy WebLinkAboutLGS-042-24Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: December 2, 2024 Report Number: LGS-042-24 Authored by:Michelle Chambers, Legislative Services Coordinator Submitted By:Rob Maciver, Deputy CAO/Solicitor, Legislative Services Reviewed By:Mary-Anne Dempster, CAO By-law Number:Res olution Numbe r : File Number: Report Subject: Traffic By-law Amendments Recommendations: 1. That Report LGS-042-24, and any related delegations or communication items, be received; 2. That the By-law attached to Report LGS-042-24, as Attachment 1, to amend the Traffic By-law, be approved; and 3. That all interested parties listed in Report LGS-042-24, and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report LGS-042-24 Report Overview The purpose of this report is to seek Council approval for the increase of the stopping offences fines in the Municipality, and to delete obsolescent references in the Traffic By-law to Municipal Safety Zones. These changes are reflected in the amending By-law attached to this report. This includes amendment to Schedule 20 of the Traffic and Parking By-law 2014- 059, as amended. 1. Background 1.1 Traffic safety is a key objective of Municipal Law Enforcement. 1.2 Staff initiated a review of the existing traffic fines to improve compliance in areas of repeated concern, namely surrounding schools. 1.3 The Municipality of Clarington’s Traffic By-law 2014-059 contains offences that prohibit stopping at signed locations, as well as certain distances from intersections, driveways, infrastructure, etc. As a result of the review, Staff are recommending several enhancements to the by-law to promote safety. 2. Review of No Stopping Offence No Stopping Offence 2.1 Prohibited stopping locations are designated in areas where the halting of a vehicle, even momentarily could pose a dangerous risk to motorists and pedestrians. Prohibited locations are designated adjacent to schools, sidewalks, and include proximity to intersections, pedestrian crossings, driveways, and emergency access routes. Strong deterrents like appropriate fines and strict enforcement helps reduce the risk of accidents and allows traffic to move freely without obstruction. 2.2 There has been an ongoing and increasing need for additional safety measures near schools. Most designated no stopping zones in the Traffic By-law are adjacent to schools. In response to public concerns, increased public awareness campaigns and frequent enforcement in school zones have been implemented. Municipal Law Enforcement Officers conduct regular and blitzed enforcement during drop-off and pick-up times. While there are indications that this increased enforcement is having a positive impact, Staff believe there is a need for further Municipal response. To address this persistent issue, staff recommend implementing stricter penalties and further continued public awareness campaigns. These measures aim to enhance compliance and ensure the safety of children and pedestrians in school zones. Municipality of Clarington Page 3 Report LGS-042-24 2.3 Increasing the No Stopping fines will promote awareness and compliance. Having higher fines serves as a strong deterrent, encouraging drivers to be more mindful of parking regulations, especially in sensitive areas like school zones and, over the long term, will reduce the number of infractions issued. Comparison with Area Municipalities 2.4 Several comparable Municipalities were canvassed on what their current fine amounts are. The results are as follows: Municipality Stopping Related Offences Additional Notes Clarington $45.00/$60.00 Proposed $50.00/$75.00 Ajax $60.00 AMPS Brampton $100.00 Markham $50.00/$75.00/$100.00 AMPS Milton $50.00 /$75.00 Oakville $65.00 Oshawa $45.00/$65.00/$85.00 AMPS Uxbridge $45.00/$75.00 $75.00 – Adjacent to School Whitby $40.00/$60.00/$80.00 AMPS 3. Overview of changes to the Traffic and Parking Part II Fines under the Provincial Offences Act 3.1 Increasing all of the no stopping offence fines to have the same early voluntary payment and set fine amount, allows for more streamlined, consistent, and simplified enforcement for the Municipal Law Enforcement Officers. 3.2 The following are the proposed increases:  Increase stopping offence fines in rows 7 to 17, from $30.00 early payment fine and $45.00 set fine to $50.00 early payment fine and $75.00 set fine.  Increase stopping offence fines in rows 18 to 27, 56, and 69, from $45.00 early payment fine and $60.00 set fine to $50.00 early payment fine and $75.00 set fine. Municipality of Clarington Page 4 Report LGS-042-24 4. Municipal Safety Zones Removal of Municipal Safety Zones 4.1 Arising out of Report EGD-015-14, Municipal Safety Zones were added to the Traffic and Parking By-law #2014-059. These Municipal Safety Zone are designated areas where parking fines are doubled to emphasise public safety and smooth traffic flow. These include part of the highway, or a fire route connected to the part of the highway where parking and stopping restrictions are in force and where all applicable fines for parking and stopping are doubled. 4.2 The signage required for enforcing the designated Municipal Safety Zones is not in place. Therefore, our Municipal Law Enforcement Officers are unable to issue infractions with doubled fine amounts in these areas. 4.3 Not all schools in Clarington have designated Municipal Safety Zones. The seven zones include stretches of Avondale Drive, Bons Avenue, Farmington Drive, Glenabbey Drive, Meadowglade Road, Nash Road, and West Side Drive. Increasing the no stopping fines fo r all stopping offences and removing the Municipal Safety Zones will establish a consistent approach for all schools and negate the need for additional signage. This will also streamline the ticketing process for Enforcement Officers. Removal of Schedule 20 of Traffic By-law 2024-059 4.4 It is therefore recommended that Schedule 20 of Traffic By-law 2014-059 be deleted. Community Safety Zones (CSZ) 4.5 The designated Community Safety Zones (CSZ) will remain in effect in the Municipality of Clarington. These are sections of roadway where public safety is of special concern. Community Safety Zones may include roadways near schools, daycare centres, playgrounds, parks, hospitals, senior citizen residences and roadway sections with identified high collision or road speed violation rates within a community. The purpose of a CSZ is to make motorists aware that they are within a zone where speeding fines are increased through a special designation under the Highway Traffic Act. Community Safety Zone signs inform drivers that they are entering a zone that the local municipality has designated as an area where the safety of its children/citizens is paramount. There are no changes being proposed to the CSZ’s. Municipality of Clarington Page 5 Report LGS-042-24 5. Financial Considerations 5.1 It is anticipated that the increased fine amounts will initially boost yearly revenue by approximately $7,925.00 to $25,650.00. However, the primary goal of this increase is to promote awareness and compliance. If successful, this will gradually reduce the number of parking infractions, thereby maintaining parking revenues at their current levels 6. Strategic Plan C.2.5: Support the proactive management of community safety and well -being. 7. Climate Change Not Applicable. 8. Concurrence This report has been reviewed by the Deputy CAO, Public Services and the Deputy CAO/Treasurer, who concurs with the recommendations. 9. Conclusion It is respectfully recommended that the proposed amendment to the Traffic By-law 2014-059, be approved. Staff Contact: Michelle Chambers, Legislative Services Coordinator, 905-623-3379 ext. 2101 or mchambers@clarington.net Attachments: Attachment 1 – Proposed Amendment including Schedule Interested Parties: There are no interested parties to be notified of Council's decision. If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2024-XXX Being a By-law to amend the Traffic and Parking By-law 2014-059, as amended. Whereas, By-law 2014-059 was enacted by Clarington to regulate traffic and parking on highways, private property and municipal property; And whereas the Municipality of Clarington is authorized by the Municipal Act, 2001, S.O. 2001, c.25 to enact by-laws in respect of highways under its jurisdiction. Now, therefore the Council of the Municipality of Clarington enacts as follows : 1. That Section 57 of By-law 2014-059, Municipal Safety Zones, be deleted. 2. That “Schedule 20 of By-law 2014-059 – Municipal Safety Zones”, be deleted. 3. That the Set Fine amounts included as Schedule “A” be attached to and form an integral part of, By-law 2014-059. Passed in Open Council this XX day of XXXX, 2024. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Written approval of this by-law was given by Mayoral Decision MDE-2024-XXX dated XXXX, XX 2024. Schedule “A” – Set Fines Municipality of Clarington Part II Provincial Offences Act By-law #2014-059: Traffic By-law Page 1 of 4 Item Column 1 Short Form Wording Column 2 Provision creating or defining Offence Column 3 Voluntary payment payable within 7 days Column 4 Set fine 1 Parked/stopped right wheels more than 15cm from curb 10(a) $30 $45 2 Fail to stop/park with right wheels near as practicable to edge of highway 10(b) $30 $45 3 fail to stop/park wholly within parking space 11(a) $30 $45 4 stop/park so as to occupy more than one parking space 11(b) $30 $45 5 stop/park so as to prevent use of adjacent parking spaces 11(c) $30 $45 6 Stop/park so as to obstruct traffic 11(c) $30 $45 7 Stopped on or over sidewalk/footpath 12(2)(a) $50 $75 8 Stopped within intersection/roundabout/crosswalk 12(2)(b) $50 $75 9 Stopped within 15 metres of crosswalk 12(2)(c) $50 $75 10 Stopped, interfere with highway cleaning 12(2)(d) $50 $75 11 Stopped on roadway alongside stopped or parked vehicle 12(2)(e) $50 $75 12 Stopped upon bridge, elevated structure or within tunnel or underpass 12(2)(f) $50 $75 13 stopped on median strip 12(2)(g) $50 $75 14 stop in bus stop, interfere with bus 12(2)(h) $50 $75 15 stopped alongside/across from excavation or obstruction 12(2)(i) $50 $75 16 stopped, interfere with movement of traffic 12(2)(j) $50 $75 17 stopped within 1 metre of driveway or laneway 12(2)(k) $50 $75 18 stopped within 30 metres in advance of traffic signal 12(2)(l) $50 $75 19 stopped within 30 metres in advance of school crossing 12(2)(l) $50 $75 20 stopped within 15 metres beyond traffic signal 12(2)(l) $50 $75 21 stopped within 15 metres beyond school crossing 12(2)(l) $50 $75 22 stopped within 6 metres of commercial entrance 12(2)(m) $50 $75 Note: The penalty provision for the offences indicated above is Section 58 of By-law 2014-059, a certified copy of which has been filed. Municipality of Clarington Part II Provincial Offences Act By-law #2014-059: Traffic By-law Page 2 of 4 Item Column 1 Short Form Wording Column 2 Provision creating or defining Offence Column 3 Voluntary payment payable within 7 days Column 4 Set fine 23 stopped within 6 metres of industrial entrance 12(2)(m) $50 $75 24 stopped within 6 metres of institutional entrance 12(2)(m) $50 $75 25 stopped within 6 metres of high-density residential entrance 12(2)(m) $50 $75 26 stopped within 15 metres of intersecting roadway 12(2)(n) $50 $75 27 stopped within 30 metres of intersection where signs posted 12(2)(n) $50 $75 28 parked within 1 metre of driveway 13(1)(a) $30 $45 29 parked within 3 metres of fire hydrant 13(1)(b) $50 $75 30 parked within 15 metres of intersection 13(1(c) $30 $45 31 parked within 30 metres of posted intersection 13(1)(c) $30 $45 32 parked on/over boulevard 13(1)(d) $30 $45 33 parked display vehicle for sale 13(1)(e) $30 $45 34 parked for purpose of washing, greasing or repairing vehicle 13(1)(f) $30 $45 35 parked within approach lanes and circle of roundabout 13(1)(g) $45 $60 36 parked within 30 metres in advance of level railway crossing 13(1)(h) $30 $45 37 parked within 15 metres beyond level railway crossing 13(1)(h) $30 $45 38 parked between 3:00 a.m. and 5:00 a.m. 13(1)(i) $30 $45 39 parked longer than 3 hours 13(1)(j) $30 $45 40 parked within turning basin of cul-de-sac 13(1)(k) $30 $45 41 parked within 15 metres of a dead end 13(1)(l) $30 $45 42 parked within 6 metres of commercial entrance 13(1)(m) $45 $60 43 parked within 6 metres of industrial entrance 13(1)(m) $45 $60 44 parked within 6 metres of institutional entrance 13(1)(m) $45 $60 45 parked within 6 metres of high-density residential entrance 13(1)(m) $45 $60 46 parked within 3 metres of a community mailbox 13(1)(n) $30 $45 Note: The penalty provision for the offences indicated above is Section 58 of By-law 2014-059, a certified copy of which has been filed. Municipality of Clarington Part II Provincial Offences Act By-law #2014-059: Traffic By-law Page 3 of 4 Item Column 1 Short Form Wording Column 2 Provision creating or defining Offence Column 3 Voluntary payment payable within 7 days Column 4 Set fine 47 parked interfere with snow removal 13(1)(o) $45 $60 48 parked on private property without owner's consent 14(a) $30 $45 49 parked in fire route 14(b) $50 $75 50 parked/stopped on municipal property without consent 15(a) $30 $45 51 parked/stopped on municipal property in contravention of conditions 15(b) $30 $45 52 park within 30 metres of intersecting Regional road 16(a) $45 $60 53 park within 8 meters of any fire hall on same side 16(b) $50 $75 54 park within 30 metres of any fire hall on opposite side 16(b) $50 $75 55 park commercial vehicle other than industrial area 18(2) $45 $60 56 stopped where prohibited 21 $50 $75 57 parked where prohibited 22 $45 $60 58 park when time restricted 23 $45 $60 59 parked where location restricted 24(2) $45 $60 60 parked at meter, fail to pay 29 $20 $30 61 parked at expired meter 29 $20 $30 62 parked longer than 3 hours at uncontrolled meter 30 $20 $30 63 fail to park vehicle opposite designated meter 31(1) $20 $30 64 fail to park within designated parking space 33 $30 $45 65 parked at covered meter 34(1) $30 $45 66 parked in loading zone 35 $45 $60 67 stopped in school bus loading zone 45 $50 $75 Note: The penalty provision for the offences indicated above is Section 58 of By-law 2014-059, a certified copy of which has been filed. Municipality of Clarington Part II Provincial Offences Act By-law #2014-059: Traffic By-law Page 4 of 4 Item Column 1 Short Form Wording Column 2 Provision creating or defining Offence Column 3 Voluntary payment payable within 7 days Column 4 Set fine 68 parked in designated accessible parking space, no valid accessible permit 46(9)(a) $350 $500 69 Stop/park in designated bicycle lane 50(b) $50 $75 70 parked longer than maximum limit at meter 25(a)(b) $20 $30 Note: The penalty provision for the offences indicated above is Section 58 of By-law 2014-059, a certified copy of which has been filed.