HomeMy WebLinkAboutCSD-20-007 - Anti-Idling By-law ReviewREPORT TO: Community and Infrastructure ServicesCommittee
DATE OF MEETING: December 7, 2020
SUBMITTED BY: Gloria MacNeil, Director of Enforcement, 519-741-2200 ext 7952
PREPARED BY: Gloria MacNeil, Director of Enforcement, 519-741-2200 ext 7952
WARD (S) INVOLVED:ALL
DATE OF REPORT:November 23, 2020
REPORT NO.:CSD-20-007
SUBJECT: Anti-Idling By-law Review
__________________________________________________________________________
RECOMMENDATION:
That staff be directed to develop an anti-idling by-law to regulate/enforce the behaviour
within the City.
REPORT HIGHLIGHTS:
An anti-idling by-law although challenging to enforce, will compliment the Community
Climate Action Plan and allows for staff to engage in a dialogue with residents on the
importance of anti-idling for direct improvements to air quality as well as the wider need
for reducing carbon emissions at the community-level.
Staff have not identified any financial implications with the development of an anti-idling
by-law.
Staff have engaged with our municipal partners as part of our research in order to obtain
an understanding of the challenges and best practices experienced with their anti-idling
by-laws.
The recommendation of this report supports the achievement of the city’s strategic vision
through the delivery of core service, in addition to supporting environmental leadership
and caring community.
BACKGROUND:
On February 24, 2020, staff were directed to complete a municipal scan on best practices and
By-laws that have been adopted by other municipalities related to anti-idling and to report back
on review, including a recommendation on the possibility of the passing an anti-idling By-law to
regulate/enforce the behaviour within the City.
REPORT:
The City of Kitchenerhas had an anti-idling policy which has been in place since2011. The
purpose of the policy is to educate and outline the responsibilities and obligations of employees
who drive or operate City of Kitchener vehicles. The policy however only applies to City of
Kitcheneremployees anddoes not capture the publicand their driving behavioursand can only
be used as an educational tool within the community with no enforcement component.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994for assistance.
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Anti-idling by-laws have become common to municipalities and existin both Cambridge and
Waterloo, where they have beenin place for a number of years.Alongside the local
municipalities and the Region, the City of Kitchener will be taking its new Community Climate
Action Plan to Council in the next few months. An anti-idling by-law will promote consistency
throughout thelocal municipalities, as well as provide a basis for the City to continue
programming for climate actionthrough community-level programming, with a focus on areas
that impact vulnerable individuals, such as school zones.The leading source ofemissions in
Waterlooregion is from ‘transportation’, making up 49%of community-based emissions.
Additionally, as stated by Health Canada, airpollution from vehiclescontributestosmog andis
a public-health riskfor both adults and children.
Staff have spent the last several months connecting with our municipal partnersand reviewing
anti-idling by-lawsin order to understand the concerns, challenges and best practices associated
with existing by-laws and can provide the following information. Through thatresearch staff have
found that idling durationsbuilt into existing by-laws vary in length from 1 minute through10
consecutive minutesand most fines have been established as aparking ticket violation which
can be issued to the vehicle, rather than an individual personand does not require identification
to be provided.Most municipalities with an anti-idling by-law are reactive in the enforcement of
the by-law and their enforcement response is triggered once they receive a complaint. There
are a fewmunicipalities whohaveestablished a proactive focus on what has been described as
hot zonesor areas that experience highertrafficvolumessuch as school zones.
The chart below outlinesthe research collected bystaffof comparable municipalities and
provides aquick glance atthe permitted idling times, enforcement focus andfineamounts
established byeach.
MUNICIPALITYIDLINGTIME ENFORCEMENT FINE AMOUNTS
PERMITTEDFOCUS
Ajax2 consecutive Focus on hot zones, $38 (parking ticket)
minutescomplaints, high traffic
& parking areas
Cambridge1consecutive Focus on school $40 (parking ticket)
minutezones, City Hall
Guelph 10 min in a 60 Focus is on education$130 ProvincialOffence
minute periodNotice
Hamilton3 consecutive By-law does not apply $200 (parking ticket)
minutesto drive-thrus
Kingston3 consecutive Applies City wide, high $25 (parking ticket)
minutes periodvolume of tourists
London2 consecutive Complaint based$60 (parking ticket)
minutes.
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Transit vehicles
5 consecutive
minutes
Oakville5consecutive Complaint based$75 (parking ticket)
minutes
Waterloo3consecutive Complaint based$75 (parking ticket)
minutes
Municipalitieswith existing anti-idling by-laws in place have providedexemptionsto their by-laws
recognizing there will be circumstances and situations whereby idling may be necessary. Staff
aresuggestingthe followingrecommendations/exemptions be consideredshould Council
support moving forward with the development of an anti-idling by-law.
Anti-idling By-law Recommendations/Exemptions:
Recommendations:
3 consecutive minutes of active idling – appears to be a commonly used idling time, this
will allow residents a reasonable amount of time to idle and will not require staff to spend
a lot of time documenting and proving the violation
Identification of hot zonesor areas of focus where thereis more exposureandhigh
volumes of trafficwhere excessive idling may have a direct impact on health and safety
of vulnerable individuals such as,school zones
List of exemptions:
Emergency vehicles while engaged in operational activities including training and patient
transfer;
Vehicles assisting in an emergency activity, including tow trucks while engaged in hooking
up to or moving another vehicle;
A vehicle containing equipment that must be operated in association with the vehicle;
Mobile workshops, while using the equipment that must be operated in association with
the vehicle;
Vehicles where idling is required to repair the vehicle or prepare it for service;
Armoured vehicles, where a person remains inside the vehicle while guarding the
contents of the vehicle, or while the vehicle is being loaded or unloaded;
Vehicles required to remain motionless due to an emergency, traffic, weather condition
or mechanical difficulty over which the person driving the vehicle has no control;
Vehicles engaged in a parade or race or any other event authorized by Council;
Transit and passenger vehicles, while passengers are embarking or disembarking on
route or at terminals;
Commercial vehicles using heating or refrigeration systems powered by the motor or
engine for the preservation of perishable cargo;
Occupied mobile work vehicles when temperature outside the vehicle is greater than
twenty-seven degrees (27°C) including the humidex calculation or less than five degrees
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Celsius (5°C) including the wind chill value asdetermined by the Environment Canada
temperature readings;
Vehicles engaged in works undertaken for or on behalf of the Region, the City or public
utilities;
Vehicles engaged in normal farm practice;
Vehicles, including hybrid vehicles, that eliminate theemission of green house gases and
criteria air contaminants during the idling phase of operation
Car starters/Idling on private property:
The use of remote car starters has increased significantly over the past several years, as part of
the review with our colleagues it was noted that most of the anti-idling by-laws that are currently
in effect wouldcapturethe use of remote car startersand idling on private property however
these are not actively pursued or enforced. Staff would recommend that the development of an
anti-idling by-law in Kitchener include remote car startersand idling on private property,with the
understanding this is not theprimary focus ofthe development of this by-law and would only be
applied in situations where staff receive complaints of ongoing excessive use therefore resulting
in unnecessaryidling and emissions.
In conclusion, staff have been advised by our municipal partners that an anti-idling by-law is
challenging to enforceas it requires the officer torecord and prove the length of time the vehicle
is idling prior to writing the ticket, this often results in vehicles driving away before the ticket can
be issued. Recognizingthese challenges staff believethat a by-law would still be a helpful tool
thatwould compliment the Community Climate Action Plan and allows for staff to engage in a
dialogue with residents on the importance of anti-idlingfor direct improvements to air quality as
well as the wider need for reducing carbon emissions at the community-level.
STRATEGIC PLANALIGNMENT:
The recommendation of this report supports the achievement of the city’s strategic vision through
the delivery of core service.
Strategic Plan Alignment
Environmental Leadership: This by-law provides an important tool to limit emissions from the top
emitting source in thecommunityand directly promotes accompanyingsmart goalin the launch
of the Community Climate Action Plan.
Caring community: This by-lawimproves air quality for community membersthrough lessening
toxic emissions from unnecessary idling happening in the community.
FINANCIAL IMPLICATIONS:
None
ACKNOWLEDGEDBY: Michael May, DCAO
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