HomeMy WebLinkAbout2014-105 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW No. 2014-105
Being a by-law to amend By-law 2014-059.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law No. 2014-059.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 5 of By-law 2014-059 is amended by deleting "Schedule 20 - Municipal
Safety Zones" and "Schedule 21 - Community Safety Zones" and substituting
therefor "Schedule 20 - Community Safety Zones" and "Schedule 21 - Municipal
Safety Zones".
2. Subsection 18(1) of By-law 2014-059 is deleted in its entirety and the following
substituted therefor:
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. The following sections are added to By-law 2014-059:
Heavy Traffic
18.1. (1) The Director may designate temporary permissive truck routes and
temporary prohibitive no heavy truck routes, and may erect official signs to those
effects.
(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 temporary
prohibition authorized by the Director pursuant to subsection (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 temporary prohibition authorized by the Director pursuant to
subsection (1).
(4) The provisions of this section shall not apply to,
(a) public transit or a school purposes bus unless otherwise specified;
(b) a private vehicle driven to or from the vehicle 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,
(� vehicles operated by or on behalf of a municipality transporting
waste; or
(g) public utility emergency vehicles.
(5) Subsections (1) to (3) shall not apply to the use of highways for deliveries
to or removals from any premises abutting thereon where no other access or route
exists.
Excessive Idling
18.2. (1) 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
15 minutes to allow a public transit vehicle to adjust to service schedules,
"mobile work vehicle"means a vehicle containing equipment that must be
operated inside or in association with the vehicle;
"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 15 minutes at a public
transit vehicle terminal to allow public transit vehicles to adjust service
schedules, and
"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) No person shall cause or permit a vehicle to idle formore than 5 consecutive
minutes.
(3) The 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 work vehicles 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,
(t) 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) vehicles servicing as a facility for taking measurements or making
observations or conducting maintenance or construction operated by
or on behalf of a municipality,
(i) public transit vehicles and private transit vehicles while passengers
are embarking or disembarking en route or at terminals,
(j) 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;
(k) 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;
(I) vehicles when the ambient outside temperature is more than 27
degrees Celsius (27 degrees C) or less than five degrees Celsius (5
degrees C); or
(m) vehicles actively used in an agricultural operation which requires the
vehicle to be operational while work is in progress.
(4) Notwithstanding subsection (3), 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.
(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 5 consecutive
minutes.
4. Section 67 of By-law 2014-059 is amended by adding "18.1" following 15".
5. This By-law shall come into force and take effect on the date that it is approved by
Council.
BY-LAW passed this 29th day of September, 2014
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AdrY5 Foste Mayor r
Anne Greentree, Municipal Clerk