HomeMy WebLinkAboutEGD-023-14 If this information is required in an alternate accessible format, please contact the Municipal
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city-MA"n Report
Engineering Services
Meeting: General Purpose and Administration Committee
Date: September 22, 2014 Resolution:0>Pr5 6-I By-law:
Report: EGD-023-14 File: Department File# 0 \LA_
Subject: Proposed Amendments to Traffic and Parking By-law#2014-059
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
a) That Report EGD-023-14 be received; and
b) That Council approve the by-law attached to Report EGD-023-14, to amend By-law 2014-
059.
Submitted by "-- Reviewed by:
Anthony S. Cannella Franklin Wu,
Director of Engineering Services Chief Administrative Officer
ASC/lb/dv/jb
Municipality of Clarington
Report EGD-023-14 Page 2
Report Overview
Since the enactment of Clarington's new Traffic and Parking By-law- #2014-059 in June of this
year (which is a consolidation of Traffic By-law 91-58 and almost two hundred amendments
since 1991), staff note that one typographical change and one expansion to a definition need
to be made, as well as the addition of two sections. This report outlines recommended
changes to the new by-law which are considered "housekeeping" in order to include elements
of traffic and parking that were intended to have been included at the outset.
Background
1. Members of Council will recall that the Municipality's Traffic By-law (#91-58) was updated
and consolidated with all its amendments this past spring. The new Traffic and Parking By-
law # 2014-059 was enacted by Council on June 2, 2014.
Since the new by-law was enacted, a few housekeeping items have come to light which
need to be addressed in the new by-law; specifically:
a) The titles of Schedules 20 and 21 in Section 5 of the new by-law need to be
interchanged.
b) The definition of"Commercial Vehicle" in Section 18(1) needs to be expanded to include
reference to gross weight (not just dimensions) as was the case in By-law#91-58.
c) The authorization given to the Director of Engineering Services to designate temporary
permissive Truck Routes and temporary prohibitive No Heavy Truck routes (as was
included in the By-law #91-58) was inadvertently left out of the new by-law.
d) One previous amendment to By-law 91-58 was inadvertently left out of the new
consolidated by-law. Specifically, the 2008 amendment prohibiting excessive idling of
vehicles needs to be included in the new by-law, and GO Transit vehicles need to be
added to the definition of "public transit vehicle".
Specific Changes
2. Staff recommend specific changes to the main body of By-law 2014-059 to address one
necessary clarification and other improvements as outlined above (no changes are
proposed to any of the Schedules). See Attachment 1- Proposed Amending By-law for
specific changes.
Concurrence
3. This report has been reviewed by the Municipal Solicitor, Andy Allison and the Manager of
Municipal Law Enforcement, Len Creamer who concur with the recommendations.
Municipality of Clarington
Report EGD-023-14 Page 3
Conclusion
4. Since the enactment of By-law 2014-059, Clarington's new Traffic and Parking By-law, staff
have noted one error (in naming the Schedules) which should be corrected and three
additions of sections which were inadvertently omitted from the new consolidated by-law.
Staff respectfully recommend that Committee recommend to Council that an amending.by-
law be approved by Council as proposed in Attachment 1.
Strategic Plan Application
Not applicable.
Staff Contact: Leslie J. Benson, Manager, Development Engineering & Traffic, 905-623-3379
ext. 2304 or email Ibenson @clarington.net
Attachments:
Attachment 1 - Proposed Amending By-Law
There are no interested parties to be notified of Council's decision.
Attachment 01 to
Municipality of Clarington Report EGD-023-14
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2014-
Being a By-law to amend By-law 2014-059, being a By-law to Regulate Traffic and
Parking on Highways, Private Property and Municipal Property.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to amend.by-law 2014-059;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. General Provisions of traffic by-law 2014-059 is amended by deleting:
Section 5 Schedule 20-Municipal Safety Zones and Section 5 Schedule 21-Community
Safety Zones.
And adding:
Section 5 Schedule 20-Community Safety Zones and Section 5 Schedule 21-Municipal
Safety Zones.
2. General Provisions of traffic by-law 2014-059 is amended by deleting 18 (1) in its entirety
and adding the following:
18. (1) In this section, "commercial vehicle" means any vehicle designed or operated for
construction activity, the transportation of property, or a bus, excluding public transit
vehicles, which vehicle or bus exceeds 2.6 metres in width or 7 metres in length or with
a registered gross weight in excess of 4.5 tonnes.
3. General Provisions of traffic by-law 2014-059 is amended by adding the following:
Municipality of Clarington
Report EGD-023-14 Page 5
4. HEAVY TRAFFIC
18.1 (1) The Director of Engineering Services is authorized to designate temporary
permissive TRUCK ROUTES and authorize the erection of temporary prohibitive
NO HEAVY TRUCK signs. Restricting heavy traffic to the designated roads will
be in effect where official signs to that effect are displayed.
18.1 (2) No person shall operate a commercial motor vehicle with a registered gross weight
in excess of 5 tonnes on any street in contravention of a restriction order issued by
the Director of Engineering Services pursuant to section 18 (1).
18.1 (3) No owner of a commercial motor vehicle with a registered gross weight in excess
of 5 tonnes shall permit said vehicle to be operated on any street in contravention
of a restriction order issued by the Director of Engineering Services pursuant to
section 18 (1).
18.1 (4) The provisions of this Section shall not extend to:
(a) Public Transit or a school purposes bus unless otherwise specified,
(b) a private vehicle driven to or from the owner's residence,
(c) vehicles operated by or on behalf of a municipality or other authority having
jurisdiction and control of a highway, where the vehicles are engaged in
highway maintenance, including the carriage and application of abrasives
or chemicals for use on a highway, or the removal of snow from a highway;
(d) vehicles used exclusively for the transportation of milk;
(e) fire apparatus;
(f) vehicles operated by or on behalf of a municipality transporting waste; or
(g) public utility emergency vehicles.
Municipality of Clarington
Report EGD-023-14 Page 6
18.1 (5) The provisions of subsections 18.1 (1) to 18.1 (3) shall not extend to the use of
said highways or parts of highways for deliveries to or removals from any premises
abutting thereon where no other access or route exists.
4. General Provisions of traffic by-law 2014-059 is amended by adding the following:
EXCESSIVE IDLING
18.2 (l) In this section,
"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.
A vehicle servicing 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 and Go 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,
Municipality of Clarington
Report EGD-023-14 Page 7
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.
18.2 (2) No person shall cause or permit a vehicle to idle for more than five (5) consecutive
minutes.
18.2 (3) The five (5) minute limitation does not apply to:
a) 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;
b) vehicles assisting in an emergency activity;
c) mobile workshops while they are in the course of being used for their basic
function;
d) vehicles where idling is required as part of the repair process or to prepare a
vehicle for servicing;
e) armored vehicles where a person remains inside the vehicle while guarding the
contents of the vehicle or while the vehicle is being loaded or unloaded;
f) vehicles that remain motionless because of an emergency, traffic or weather
conditions or mechanical difficulties over which the driver has no control;
g) . vehicles engaged in a parade or race or other such event authorized by the
Municipality;
h) public transit vehicles and private transit vehicles while passengers are embarking
or disembarking en route or at terminals;
i) 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;
j) 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;
k) vehicles when the ambient outside temperature is more than 27 degrees Celsius
(27 degrees C) or less than five degrees Celsius (5 degrees C);
Municipality of Clarington
Report EGD-023-14 Page 8
1) vehicles actively used in an agricultural operation which requires the vehicle to be
operational while work is in progress.
18.2 (4) The provisions of this Schedule do not apply to federally-owned lands upon which
cars or electric or diesel electric or diesel electric railways run exclusively upon
rails.
18.2 (5) Notwithstanding Section 18.2 (3) 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 a 10
minute 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.
18.2 (6) 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.
5. This By-law shall come into force and take effect on the date approved by Council.
BY-LAW passed this day of , 2014
Adrian Foster, Mayor
Anne Greentree, Municipal Clerk