HomeMy WebLinkAboutCD-9-88 TOWN OF NEWCASTLE _
' r REPORT
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By-Law #
MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: MARCH 21, 1988
REPORT #: CD-9-88 FILE #: 77.34.3.
SUB.ECT:
OPTING-IN - PROVINCIAL OFFENCES ACT PART II
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 . That Clerk's Report CD-9-88 be received; and
2. That the Town of Newcastle enact the necessary by-law to provide for the
opting-in of the municipality into Part II of the Provincial Offences Act,
effective September 1st 1988, with respect to parking infractions; and
3. That By-law 79-1 "being a by-law for the regulating of parking, standing and
stopping on highways or parts of highways under the jurisdiction of the
Corporation of the Town of Newcastle, and on private and municipal property"
as amended, be further amended to provide for a fine structure associated
with the out-of-court settlement of all parking violations as follows:
VIOLATION PAYMENT RECEIVED WITHIN
72 HOURS OF ISSUE
Parking a vehicle in an area
designated as a Fire Route $30.00
Stopping or Standing a vehicle in an
area prohibited for Stopping or Standing $20.00
Parking a vehicle in an area
prohibited for parking ,: $15.00
Parking a vehicle without payment
at a parking control device $ 5.00
Report CD-9-88 - 2 - March 21 , 1988
4. That the Regional Municipality of Durham be advised that the Town of Newcastle
endorses the implementation of Part II of the Provincial Offences Act and the
structure of fines detailed in Recommendation 3 of Report CD-9-88; and
5. That the Regional Municipality of Durham be encouraged to enact legislation
to provide for a uniform application of fines on Regional Roads within the
Town of Newcastle; and
6. That a copy of Report CD-9-88 be forwarded to the Durham Regional Police
Department and the Downtown Business Improvement Area Boards of Management
(Bowmanville, Newcastle Village and Orono) for their information; and
7. That the revised fines structure be published in all of the newspapers serving
the Town of Newcastle.
BACKGROUND AND COMMENT:
The By-law Enforcement Officer has, during the past few months, met with his
counterparts in other municipalities to review the impact of the Provincial Offences
Act (Part 11) upon the parking enforcement activities within each jurisdiction. The
concensus was that of the two choices available, opting-in as of September 1st 1988
would be more appropriate than attempting to follow the process detailed in Part III
of the Act respecting the prosecution of parking offences.
Opting-in at this time will permit the municipality to establish a reasonable
fines structure and one which will be complementary and uniform within Durham
Region. Members of Committee will recall that an amended fines structure related
to metered areas was approved for implementation in 1987. Parking meter violations
fines increased from $2.00 to $3.00 at that time. Recommendation 3 of this report
recommends that we provide a universal fines level to the Town of Newcastle and
establish the parking meter fine at $5.00. The rationale for recommending this
figure is based upon the belief that further alterations to the fines structure
might not be approved by the Chief Judge for a period of five years. Another
reason for recommending a fines structure as detailed in Recommendation 3, is
that we will be able to purchase preprinted tickets for use in Newcastle at a
significantly reduced cost.
The process of opting-in requires the municipality to enact a by-law declaring that
Part II of the Provincial Offences Act are applicable to parking by-law infractions
in the Town of Newcastle. (A copy of the By-law is attached)
i
Repof•t CD-9-88 - 3 - March 21 , 1988
The Commissioner of Works prepared a report for presentation to the Public Works
Committee of Oshawa at their meeting of February 23, 1988. His report was approved
and a copy of the report is attached for the General Purpose and Administration
Committee's information. Rather than report what the Commissioner says, I would
respectfully request that the attached report be considered as the backup
necessary to support the recommendations detailed in this report.
The Regional Works Department has taken a lead position respecting the Opting-in
process and will make application to the Chief Judge for approval of the "set fines"
on behalf of all of the participating municipalities.
Copies of correspondence and a proposed implementation schedule are also attached
for information.
Respectfully submitted, Recommended for Presentation
to Committee
David W. Oakes, B.A. ,A.M.C.T. ,C.M.O. Lawrence otseff, M.C. I.P. ,
Town Clerk. Chief Admin•strative Officer
DWO/ms
Attachments: 1 . Draft By-law
2. City of Oshawa Commissioner of Works Report
3. Correspondence
f'
PW 1-88-50
REPORT
F ,Tr,M NO. 21_88
TO: THE PUBLIC WORKS COMMITTEE
CITY OF OSHAWA MEETING DATE: Tuesday, 1988 02 23
FROM: THE COMMISSIONER OF WORKS
SUBJECT
Consideration of the implementation of Part II of the Provincial Offences Act with respect
to parking infractions
RECOMMENDATION
1. That the City of Oshawa enact the necessary legislation and the Attorney General for
the Province of Ontario be advised the City will opt into Part II of the Provincial
Offences Act, effective 1988 09 01, with respect to parking infractions.
2. That Traffic By-law 115-82, as amended, be further amended to provide for a fine
structure associated with the out-of-court settlement of all parking violations as
follows:
Payment Received
Within 72 Hours
Violation of Issue
Parking a vehicle in an area designated $30.00
as"a fire route
Stopping or standing a vehicle in an $20.00
area prohibited for stopping or standing
Parking a vehicle in an area prohibited $15.00
for parking
Parking a vehicle without payment at $ 5.00
a parking control device
3. That a copy of the Commissioner of Works' report dated 1988 02 23 on Item
No. 21-88 be forwarded to:
a) The Regional Municipality of Durham and they be requested to endorse the
implementation of Part II of the Provincial Offences Act on 1988 09 01 and the
fine structure outlined in Recommendation No. 2 and to enact legislation to
provide for a uniform application on the Regional road system in Oshawa;
b) The Clerks of all other municipalities in the Region of Durham for their
information;
c) The Durham Regional Police Force for their information; and,
d) The Downtown Oshawa Board of Management for their information.
REPORT TO THE PUBLIC ITEM NO. 21-88
WORKS COMMITTEE (Continued) - 2 - MEETING DATE: 1988 02 23
REPORT
Background
The introduction of Part II of the Provincial Offences Act (POA) represents the last stage
in the Province's effort to create a simplified and convenient set of legal procedures for
the prosecution of all parking infractions, including those under provincial regulations and
municipal by-laws. Part II, which applies only to parking infractions, was proclaimed as
law on 1987 09 01. It does not apply to infractions under municipal by-laws until
1989 09 01 unless the municipality enacts the required by-law and it is approved by the
Ministry of the Attorney General and published in the Ontario Gazette.
At present, all parking infractions in Oshawa and throughout the Region are prosecuted
under the Summary Convictions Act. On 1989 09 01, this legislation will be repealed. If a
municipality has not opted into POA Part 1I by this date, they will be forced to prosecute
under Part III which is extremely cumbersome and costly. All proceedings under Part III
involve swearing an information before a Justice for each citation issued. Further, all
proceedings involve a court appearance by the defendant with no provision for out-of-court
payment.
Numerous municipalities throughout the province, many of which have served as pilot
centres, have recognized the advantages of opting into Part II prior to 1989 09 01. Those
presently operating under Part II include, but are not limited to, Guelph, Hearst, Kingston,
London, Simcoe, Smith Falls, Welland, Brampton, Burlington, Kapuskasing, Thunder Bay,
Windsor, Mississauga, Barrie and Sudbury._ Both Ottawa and Metropolit-a-n Toronto are in
the process of converting.
In view of the initial success experienced by the aforementioned municipalities, the
Province has selectively extended invitations to other municipalities, including Oshawa, to
opt into the program at an early date. It is for this reason that this report is presented and.
an opt in date of 1988 09 01 is recommended.
In the interest of maintaining uniformity throughout the Region, this matter was discussed
in detail at a recent meeting of the Regional Traffic Advisory Committee. With the
exception of Pickering, who has already made an initial application to the Province, staff
of all other municipalities have agreed to proceed with a report to their respective
Council's recommending that a joint application be made to the Province to opt into Part II
on the noted date. It is proposed that this application be co-ordinated by the Region's
Works Department.
In view of the complexities associated with this matter and to provide clarification, the
existing and proposed systems of prosecution are summarized hereunder.
Existing System
As previously stated, all parking infractions in Oshawa and throughout the Region are
presently processed under the Summary Convictions Act. This method is cumbersome,
labour intensive and time consuming.
REPORT TO THE PUBLIC ITEM NO, 21-88
WORKS COMMITTEE (Continued) - 3 - MEETING DATE: 1988 02 23
}
The parking violation tag presently issued has no legal status; it is merely a notice of
parking violation. If the associated fine is not paid within 72 hours from the time of issue,
it is followed in due course by an information and summons, being the formal documents
used to commence the court proceedings. Initially, a mail service summons is typed and
mailed to the defendant. Subsequently, if the defendant fails to appear, a personal service
summons must be served by a police officer. All parking violations which have not
proceeded to summons within six months of issue become null and void.
Proposed System
Under Part II of the POA, a Parking Infraction Notice (PIN), formerly known as a parking
tag, is the only document which will be issued to a person charged with having committed a
parking infraction. The PIN is placed on the vehicle by the enforcement officer and must
provide the person charged with reasonable information about the offence he is alleged to
have committed.
The PIN will set out two fines for the offence indicated. The first fine, as established by
City Council, is for early payment and will be accepted by the Durham Regional Police up
to 72 hours from the time of issuance. The second and more costly fine is a "set fine"
which is established by the Chief Justice of Ontario and becomes effective after the
expiration of the 72-hour early payment limit. The respective fine structures will be dealt
with in more detail later in this report.
Having received the PIN, the violator may elect to pay the fine, or request a trial by
delivering the PIN to the offices of the Durham Regional Police Force, or alternatively,
elect not to respond. In the latter case, the person shall be deemed not to wish to dispute
the charge and the court may render a decision in his absence.
An officer who has issued a PIN must also complete and sign a Certificate of Parking
Infraction (CPI) certifying that a parking infraction has been committed. If payment of the
fine is not received, this document is filed with the court office within 45 days of the
offence and will be used as evidence on behalf of the Crown.
Where a conviction has been entered in the absence of the defendant, the court will notify
the defendant in writing of the amount of the fine and the consequences of failure to pay.
At such time that a fine goes into default, the Court Justice will issue an order that the
person's vehicle permit not be renewed until such time that all outstanding fines are paid.
Based on the experience of other municipalities who are presently using POA Part II and
with a deterrent such as the non renewal of a vehicle permit, we are optimistic that
violators will be encouraged to render early payment of the fine and court proceedings will
be minimized. We further anticipate a reduction' in the administrative cost associated with
the provision of by-law enforcement, specifically in the clerical area, as it will no longer
be necessary for the Police Department to issue summons.
Implementation
The first step in the introduction of POA Part II is the establishment of an opt in date.
Members of the Region's Technical Co-ordinating Committee have mutually agreed that
1985 09 01 is the earliest date that could realistically be attained.
i
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REPORT TO THE PUBLIC ITEM NO, 21-88
WORKS COMMITTEE (Continued) - 4 - MEETING DATE: 1988 02 23
In this regard, City Council must enact a by-law declaring that Part I1 of the POA applies
with respect to parking infractions under Oshawa's by-laws. This legislation must
subsequently be approved by the Lieutenant Governor in Council.
Once this by-law comes into force on 1988 09 01, Oshawa will no longer be able to enforce
under the current legislation, the Summary Convictions Act. It is for this reason that
sufficient time has been allowed to accomplish the tasks as set out hereunder.
A new parking tag or PIN must be designed, which is suitable for use throughout the
Region. In conjunction therewith, short form wordings must also be established which
sufficiently describe each offence. These short form wordings must be submitted to the
Chief Justice for approval prior to their incorporation on the PIN.
Fine Structure
Under Part II legislation, only the Chief Justice has the authority to establish set fines for
parking infractions. The province does, however, offer municipalities the option of
establishing both an early payment and the associated fines if they so desire. As a general
rule, the Chief Justice will establish set fines which are higher than those for early
payment.
It is proposed that Oshawa retain an early payment system which would permit City
Council to establish fines in this municipality. As noted earlier, if there is no early
payment schedule, the Chief Justice of Ontario has the sole authority to establish the set
fine structure.
The Ministry of the Attorney General has advised the City that the Chief Justice will not
normally consider amendments to the set fines for three to four years after the initial
application. It is for this reason that our existing fine structure has been reviewed at this
time to ensure that it will meet our needs for at least the next three years.
City Council last increased fines for parking violations in 1982. In 1986, however, City
Council approved the introduction of a tiered fine structure which would see fines double if
not payed within seven days of issue. This was never implemented, as a similar tiered fine
structure in Metro Toronto was successfully contested in court and was subsequently
appealed by the City of Toronto. This matter was concluded on 1988 02 12 when the
Supreme Court of Ontario overturned the lower court ruling, thereby legalizing the tiered
scale of parking fines. This fine structure, although appropriate at the time, will no longer
be applicable with the introduction of POA Part 11.
Since 1986 smaller municipalities within the Region, namely Pickering and Ajax, have
increased their fines well in excess of Oshawa's. So as to put this matter into perspective
for comparison purposes, a survey was undertaken of parking related fines within Durham
Region and Metro Toronto. This survey is summarized as follows:
REPORT TO THE PUBLIC ITEM NO. 21-88
WORKS COMMITTEE (Continued) - 5 - MEETING DATE: 1988 02 23
No No Stopping Fire
Municipality Parking Meter Parking & No Standing Route
Oshawa Existing $4.00*
$ 5.00 $10.00 $15.00 $10.00
Proposed $ 5.00 $15.00 $20.00
$30.00
Pickering Existing $10.00 $25.00 $25.00 $50.00
Ajax Existing N/A
$15.00 $15.00 $30.00
Whitby Existing $ 5.00 $10.00 $10.00 $25.00
Metro Toronto Existing $ 5.00 $10.00 $20.00 $10.00
Proposed $10.00 $20.00 $40.00 $20.00
*Early Payment
Under the new system there may only be one early payment fine for each infraction,
therefore the current $4.00 payment for a meter violation, if payed within 30 minutes of
the issue of the parking citation, is no longer applicable. It is proposed that the existing
fine of $5.00 for meter violations if payed within 72 hours be retained. At present, meter
violations constitute approximately 76 percent of all parking infractions for which tags are
issued in Oshawa.
The present $10.00 fine for parking in a prohibited area is no longer a sufficient deterrent
to many motorists. It is for this reason that Ajax and Pickering are currently at $15.00 and
$25.00 respectively. Metro Toronto Council recently approved a proposal, subject to
receipt of comments from the lower tier municialities, to double fines for all parking
infractions as noted in the previous table.
If the fine for parking in a prohibited area is to increase as recommended, then the penalty
for more serious infractions such as no stopping, no standing, and fire routes must increase
proportionately.
Summary
As the Summary Convictions Act under which we presently prosecute parking violations
will be repealed on 1989 09 01, it is strongly recommended that we take advantage of the
Province's invitation to opt into Part II of the POA and to modify the parking fine structure
as set out above. These recommendations are fully supported by the Durham Regional
Police who are most anxious to see this legislation in place.
In the interest of public relations, this Department will at the appropriate time place
notices in the local newspapers advising the public of the implementation of Part II of the
Provincial Offences Act and its ramifications.
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DURHAM January 27, 1988
The Regional
Municipality
of Durham
Works Department
Provincial Offences Act Implementation
Box 623 Office of the Director of Crown Attorneys
105 Consumers Dr. Ministry of the Attorney General
Whitby, Ontario
Canada.L1N6A3 2nd Floor
(416) 668.7721 18 King Street East
TORONTO, Ontario
W A TWELVETRE ES,P.Eng M5C 105
Commissioner of Works
Attention: Sheilagh Stewart
Please quote our ref: Project Co—Ordinator
Dear Ms. Stewart:
Re- Opt-in Date for the Regional Municipality of Durham
I am writing to request your approval for September 1, 1988, as
an opt-in date for implementation of the Provincial Offences Act
Part II in the Regional Municipality of Durham. This request is
also made on behalf of the Area Municipalities listed below:
Town of Ajax
Township of Brock
Town of Newcastle
City of Oshawa
Township of Scugog
Township of Uxbridge
Town of Whitby
All the above municipalities have indicated their intention to
pass a by-law declaring Part II of the Provincial Offences Act
applicable to infractions under their parking by-laws and all
concur with the September 1 , 1988 opt-in date.
The Town of Pickering is the only area municipality in Durham
Region that has asked to be excluded from this request.
September 1, 1988 is too late for their purposes and they intend
to proceed on their own toward a July 1, 1988 opt-in date.
. . .2
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I have attached a copy of our proposed implementation schedule
for your information. Please advise as soon as possible if our
opt-in date is acceptable.
Yours truly,
W.A. Twelvetrees , P. Eng.
Commissioner of Works
MRB/rd•
Attach.
cc: All Area Municipal Clerks
Superintendent R. Jarvist, Durham Regional Police
C. Lundy, Clerk
S. Jain, Solicitor
D. McMullen
Ism
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 88- �
being a by-law declaring Part II of the '•
Provincial Offences Act, R.S.O. 1980, Chapter i
as amended, app icable to parking infractions
under certain municipal by-laws �
WHEREAS subsection 15(2) of the Provincial Offences Act, R.S.O. 1980,
chapter 400, as amended, enables the council o e municipal corporation
to pass by-laws to declare that Part II of the Provincial Offences Act
I applies in respect of parking infractions under by-laws passed in e
municipality dealing with parking; i.
I
NOW THEREFORE THE COUNCILPF THE CORPORATION OF THE TOWN OF NEWCASTLE
HEREBY ENACTS AS FOLLOWS: f
3 ,
1. THAT Part II of the Provincial Offences Act R.S.O. 1980, Chapter 400,
i as amended, applies in respect of all parking infractions under the
j following by-laws:
By-law 79-1 as amended of the Town of Newcastle. I
• � 2. THAT this By-law comes into force and effect on September 1st 1988,
subject to the approval of the Lieutenant Governor in Council, i
1 '
By-law read a first and second time this 28th day of March 1988
By-law read a third time and finally passed this 28th day of March 1988
• I i
I
. l
I
Mayor. ,
i
Clerk