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Home My WebLink AboutWD-48-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# hh-13,6y- Date: NOVEMBER 15, 1993 Res. # Report --WD S -9 -A -- -3- File By-Law# rt V3 -/,V/ Subject: APPOINTMENT OF PUBLIC WORKS SUPERVISORS AS BY-LAW C ,:? ,,;, ENFORCEMENT OFFICERS FOR THE PURPOSE OF ENFORCING MUNICIPAL BY-LAW NO. 91-58 IN ACCORDANCE WITH THE HIGHWAY TRAFFIC ACT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That Report WD-48-93 be received; 2 . That the proposed by-laws attached to Report WD-48-93 be forwarded to Council for approval; and 3 . That the Senior By-law Enforcement Officer provide the training and instruction necessary for the appointed Supervisors to perform the duties of a By-law Enforcement Officer during the winter season. REPORT: 1.0 ATTACHMENTS No. 1 : Proposed By-law appointing Ellwood Hawes as a By- law Enforcement Officer No. 2 : Proposed By-law appointing Philip Broome as a By- law Enforcement Officer No. 3 : Proposed By-law appointing Ron Robinson as a By-law Enforcement .Officer REPORT NO. : WD-48-93 PAGE 2 2.0 BACKGROUND 2 . 1 The Highway Traffic Act (R.S.O 1990) states as follows: "Section 147 ( 10) prohibits the parking of vehicles on any highway in such a manner as to interfere with the movement of traffic or the clearing of snow from the highway. Section 147 ( 13) provides the authority for the removal of any vehicles, at the owner's expense, found to be causing an obstruction on a highway" . Municipality of Clarington By-law 91-58 states as follows: "Section 4-6 (i) prohibits the parking of vehicles on any highway for a period of longer than three (3) hours, and is also applicable to overnight parking on any road under the jurisdiction of the Municipality of Clarington" . 2 . 3 The practice in the Public Works Department has been to commence snow ploughing, sanding and salting, when necessary at 4 : 00 a.m. Often, cars are parked on the street when the operator attempts to plough the road making it difficult and sometimes impossible to proceed. Due to the early hour, it is not always possible to make contact with the owner of the vehicle to have it removed voluntarily. Subsequently, plough operators are forced to: a) go around the vehicle, where possible, which results in creating a windrow; b) abandon ploughing operations at that location leaving streets without service; and 1UU2 REPORT NO. : WD-48-93 PAGE 3 c) call for the assistance of the police or enforcement officer to tag and have the vehicle removed. 3.0 REVIEW AND COMMENT 3. 1 The Problem: As a result of obstructions, delays occur in completing the specified routes, residents are unsatisfied with the level of service and performance of the operation; and, often the ! plough must return to the abandoned site at a later time resulting in additional cost. Since most snow clearing operations occur outside normal working hours, Durham Regional Police are requested to assist in having vehicles removed in order that the snow removal operation can be completed. During a major storm, the police must prioritize their operation especially when emergency obligations arise and parked cars become a very low priority. In spite of good intentions and a desire to assist, staffing is inadequate to meet these requirements. Municipal By-law Enforcement Officers have been asked to assist in the past. However, their hours are not compatible and it is seldom possible to determine, in advance, the need for their assistance. 3.2 The Solution: The appointment of the Public Works Supervisors as By-law Enforcement Officers for the purpose of enforcing the Municipality's By-law 91-58 during winter snow clearing i operations will enable the Supervisors to have parked cars removed immediately. The snow plough will then be able, to clear the routes efficiently, without delay; subsequently, the level of service will improve and the cost of providing the service will be reduced. i REPORT NO. : WD-48-93 PAGE 4 3. 3 Implementation: The Manager of Operations discussed "The Solution" , that is, to appoint the Supervisors as By-law Enforcement Officers, with Inspector Pugh, Durham Region Police, Bowmanville Division and Len Creamer, Senior By-law Enforcement Officer, Municipality of Clarington. It was unanimously agreed that, provided the Supervisors receive the appropriate training, the Municipality would benefit from the Supervisors being able to enforce the by-law during the process of snow clearing. The Supervisors are on-the-job when the operation begins; they are familiar with the established snow routes and potential problem areas and they can proceed ahead of the operation to ensure the routes are cleared of such obstructions as parked cars. In addition, the Supervisors are equipped with cellular telephones and radios providing continuous communication between the Supervisor and the snow plough operators. i 3 .4 Training: i Len Creamer, Senior By-law Enforcement Officer has agreed to provide the necessary training to the Public Works Supervisors. 4 .0 CONCLUSIONS AND RECOMMENDATIONS 4 . 1 Appointment of the Public Works Supervisors as By-law Enforcement Officers will improve the level of service provided, reduce costs by eliminating the need to back track to abandoned locations and we will not require the attendance of a police officer or a by-law enforcement officer outside normal working hours. 4 .2 There is no additional cost to the Municipality to implement the practice of the Supervisors acting in the capacity of by- law enforcement; in fact, there is potential for cost saving. 1UU4 REPORT NO. : WD-48-93 PAGE 5 4 .3 It is therefore recommended that the proposed by-laws attached. to Report WD- qL3 -93 be passed appointing Public Works Supervisors as By-law Enforcement Officers for the purpose of enforcing By-law 91-58 and that the Senior By-law Enforcement Officer provide training and instruction to the Supervisors. Respectfully submitted, Recommended for presentation to the Committee, Walter A. Evans, P.Eng. , ie Marano, H.B.Sc. , AMCT Director of Public Works Acting Chief Administrative Officer JCO*ph November 5, 1993 Attachments i 1UU5 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 93— Being a By-law to appoint Ellwood Hawes as a By-law Enforcement Officer WHEREAS Section 20 of The Police Services Act RSO 1990, Chapter P.15, Section 15(1) , authorizes a Council of any Municipality to appoint one or more By-law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By-laws of the Municipality; and WHEREAS it is desirable to appoint Ellwood Hawes as a By-law Enforcement Officer by By-law for the sole purpose of enforcing the Traffic By-law as amended; NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT Ellwood Hawes is hereby appointed as a By-law Enforcement Officer for the purpose of enforcing the Traffic By-law within the Municipality of Clarington as it pertains to snow clearing operations. BY-LAW read a first and second time this 22nd day of November, 1993. BY-LAW read a third time and finally passed this 22nd day of November, 1993. MAYOR CLERK ATTACHMENT N0. 1 WD-48-93 i 106 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 93- Being a By-law to appoint Philip Broome as a By-law Enforcement Officer WHEREAS Section 20 of The Police Services Act RSO 1990, Chapter P.15, Section 15(1) , authorizes a Council of any Municipality to appoint one or more By-law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By-laws of the Municipality; and WHEREAS it is desirable to appoint Philip Broome as a By-law Enforcement Officer by By-law for the sole purpose of enforcing the Traffic By-law as amended; NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT Philip Broome is hereby appointed as a By-law Enforcement Officer for the purpose of enforcing the Traffic By-law within the Municipality of Clarington as it pertains to snow clearing operations. BY-LAW read a first and second time this 22nd day of November, 1993. BY-LAW read a third time and finally passed this 22nd day of November, 1993. MAYOR CLERK ATTACHMENT N0. 2 WD-48-93 100 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 93- Being a By-law to appoint Ron Robinson as a By-law Enforcement Officer WHEREAS Section 20 of The Police Services Act RSO 1990, Chapter P.15, Section 15(1) , authorizes a Council of any Municipality to appoint one or more By-law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By-laws of the Municipality; and WHEREAS it is desirable to appoint Ron Robinson as a By-law Enforcement Officer by By-law for the sole purpose of enforcing the Traffic By-law as amended; NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT Ron Robinson is hereby appointed as a By-law Enforcement Officer for the purpose of enforcing the Traffic By-law within the Municipality of Clarington as it pertains to snow clearing operations. BY-LAW read a first and second time this 22nd day of November, 1993. BY-LAW read a third time and finally passed this 22nd day of November, 1993. MAYOR CLERK ATTACHMENT N0. 3 WD-48-93 I i