Loading...
HomeMy WebLinkAboutCLD-031-16Clerk's 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: October 17, 2016 Report Number: CLD-031-16 Resolution: File Number: By-law Number: Report Subject: Appointment of Parking Officers Recommendations: 1.That Report CLD-031-16 be received; 2.That the By-law attached to Report CLD-031-16, as Attachment 1, to appoint CLOCA as Private Parking Enforcement Officers for private property under the ownership and jurisdiction of CLOCA; and 3.That all interested parties listed in Report CLD-031-16 and any delegations be advised of Council's decision. Municipality of Clarington Report CLD-031-16 Page 2 Report Overview To appoint designated staff as parking officers to eliminate the requirement for Council to appoint officers with each staffing change. 1. Background In the summer of 2016, Staff were approached by Dan Hope, Central Lake Ontario Conservation Authority Land Management & Operations Supervisor. Central Lake Ontario Conservation Authority (CLOCA), had been enforcing the Municipality of Clarington’s Traffic By-law on all properties owned or controlled by the Conservation Authority. In order to be able to perform the enforcement duties, Section 15(1) of the Police Services Act, RSO 1990, c. P.15 requires that Central Lake Ontario Conservation Authority staff to be appointed by the Municipality. 2. Proposal In the past, CLOCA has approached Council to have individual staff appointed as Parking Officers for all lands under CLOCA’s authority, the most recent being in 2008, where By-law 2008-181 was approved as per Report CLD-026-08. CLOCA has been enforcing parking by- laws on their own properties over several years. CLOCA staff are designated as Provincial Offences Officers by Designation of the Minister of Natural Resources. In 2010, Council endorsed the Protocol for the Authority Designation of a Provincial Offences Officer the objective is to maintain a standard of professionalism in carrying out their duties. Criteria has also been set by CLOCA for any future Enforcement Officers as following: 1. The officer shall provide proof of a clean criminal record check; 2. The officer shall be adequately trained* in the legislation they are to enforce (i.e. Conservation Authorities Act, Provincial Offences Act, Trespass to Property Act). *Provincial Regulatory Compliance Foundations Training (or equivalent training) is the most familiar option that has been utilized by Conservation Authorities. A general appointment of CLOCA Designated Provincial Offences Officers staff will alleviate the requirement to bring the individual appointments of staff to Council for each new member. (This is a similar approach to recent appointments of private parking authorities.) Municipal staff are confident with the previous history of CLOCA’s Enforcement staff and new qualifying criteria introduced in 2010 for CLOCA Enforcement candidates to carry out the duties as Parking Officers. Municipality of Clarington Report CLD-031-16 Page 3 3. Concurrence Not Applicable 4. Conclusion It is respectfully recommended that the proposed by-law be approved which will appoint the employees of CLOCA with a Class Designation as set by Minister of Natural Resources, to carry out the parking enforcement duties at all lands under the authority of CLOCA. 5. Strategic Plan Application Not applicable. Submitted by: Reviewed by: Anne Greentree, Curry Clifford, MPA, CMO Municipal Clerk Interim CAO Staff Contact: Duncan Anderson, Acting Manager Municipal Law Enforcement, 905-623-3391 ext. 2110 or danderson@gmail.com Attachments: Attachment 1 - By-law to amend By-law 2007-216, being a By-law to appoint individuals as Parking Enforcement Officers for Private Property Interested Parties: Dan Hope, Land Management & Operations Supervisor, Central Lake Ontario Conservation Authority Attachment 1 to Municipality of Clarington CLD-031-16 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW xxx-16 Being a By-law to appoint Private Parking Enforcement Officers WHEREAS subsection (1) of section 15 of the Police Services Act, R.S.O. 1990, c. P.15, provides that, "A municipal council may appoint persons to enforce the by-laws of the municipality"; AND WHEREAS the Central Lake Ontario Conservation Authority has requested that those Officers listed in By-law 2007-216 be allowed to enforce the provisions of the Traffic By-law of the Municipality of Clarington on all properties owned or controlled by the Conservation AND WHEREAS Council deems it desirable to appoint CLOCA to act as private property parking enforcement officers on all property under the ownership and jurisdiction of Central lake Ontario conservation Authority located within the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Any employee of the Central Lake Ontario Conservation Authority (CLOCA) with a Class Designation as a Provincial Offences Officer, as set out by the Minister of Natural Resources, to carry out the parking enforcement duties on all lands under the authority of CLOCA are hereby appointed as Parking Enforcement Officers for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on all property under the ownership and jurisdiction of the Central Lake Ontario Conservation Authority located within the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. 3. This appointment as a Parking Enforcement Officers shall remain in effect for so long as the Designation of Provincial Offences Officer remains in place. 4. That By-law 2007-216 be repealed. This By-law was passed in open session this 31st day of October, 2016. _____________________________________ Adrian Foster, Mayor _____________________________________ C. Anne Greentree, Municipal Clerk