HomeMy WebLinkAboutCSD-21-003 - Amendment to AMPS Idling By-lawREPORT TO:Community and Infrastructure ServicesCommittee
DATE OF MEETING:February 8, 2021
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:January 27, 2021
REPORT NO.: CSD-21-003
SUBJECT:Amendment to Administrative Penalty By-law – IdlingControl
RECOMMENDATION:
That Council approve the fine amount set out in Schedule A of the Administrative
Penalty By-law 2019- 039as it relates to Idling.
REPORT HIGHLIGHTS:
The AMPS By-law requires Council to approve fines as they relate to parking offences.
Staff have included the administrative penalty amount section for the new Idling Control
By-law and are suggesting a fine amount of $75 which will need to be approved by
Council.
Schedule A (as attached) will be amended to reflect the addition of the Idling Control
By-law.
Thereis a potential to generate revenue through fines with this by-law however staff
anticipate this will be minimal.
To help make the public aware of this new by-law staff have developed messaging
around the new Idling Control By-law that will be delivered over social media and on the
City’swebsite. In addition, staff have also developed an educational pamphlet which
incorporates a combination of sustainability language as well as details on the Idling
Control by-law.
BACKGROUND:
On January 25, 2021 Council passed the Idling ControlBy-law 2021-010which prohibits the
idling of vehicles which are stopped for a period longer than 3 consecutive minutes. Staff
are bringing forward an amendment to Schedule A of the Administrative Penalty By-law
2019-039which will beamended to include the idling regulations and have a set fine amount
approved.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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REPORT:
In December of 2020, staff brought forward CSD-20-007 – Anti-Idling By-law, also referred
to as the “Idling Control by-law,”recommending that Council direct staff to develop a by-law
which prohibits idling of vehicles. On January 25, 2021, Council passed the IdlingControl
By-law – 2021-010.
By-law Enforcement staff have been working with our Sustainability and Communications
staff and have developed messaging around the new idling by-law which will be
communicated via social media and the City’s website. Staff have also developed an
educational pamphlet which incorporates a combination of sustainability language, the
importance of not idling as well as some key points of the by-law. It is staff’s
recommendationthat we first take an education approach to the by-law as residents may
not be aware of the change.
As part of our review, staff looked at parking fine amounts currently imposed by other
municipalities and are recommending a parking fine amount of $75 for anyone found idling
longer than 3 consecutive minutes. Staff felt the fine amount should be reflective of our goal
to reduce unnecessary pollution and create a healthy and livable community.
The chart below outlines the research collected by staff of comparable municipalities and
provides a quick glance at the permitted idling timesand fine amounts established by each.
MUNICIPALITYIDLING TIME FINE AMOUNTS
PERMITTED
Ajax2 consecutive $38 (parking ticket)
minutes
Cambridge1 consecutive $40 (parking ticket)
minute
Guelph 10 min in a 60 $130 Provincial Offence
minute periodNotice
Hamilton3 consecutive $200 (parking ticket)
minutes
Kingston3 consecutive $25 (parking ticket)
minutes period
London2 consecutive $60 (parking ticket)
minutes.
Transit vehicles
5 consecutive
minutes
Oakville5 consecutive $75(parking ticket)
minutes
Waterloo3 consecutive $75 (parking ticket)
minutes
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STRATEGIC PLANALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:N/A
COMMUNITY ENGAGEMENT:
By-law, Corporate Sustainabilityand Communications staff have developed messaging
and an educational pamphlet which incorporates a combination of sustainability language
and the by-law requirements.
PREVIOUS REPORTS:
CSD-20-007Anti-idling By-law
APPROVEDBY: Michael May, DCAO
ATTACHMENTS:Attachment A – Schedule “1”
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BY-LAW NUMBER______
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law toamend the parking administrative penalty by-law)
WHEREASthe Council of The Corporation of the City of Kitchener enacted By-law Number 2019-
039onApril 15, 2019(the “Parking Administrative Penalty By-law”);
AND WHEREASCouncil has passed an Idling Control By-law2021-010on January 25, 2021
containing an infraction designated as asection to which the Parking Administrative Penalty By-
law applies, and for which short form wording and administrative penalties were identified in
Schedule “A” to the Parking Administrative Penalty By-law;
AND WHEREASthe City desires that the sectionof Idling Control By-law2021-010containing a
parking infraction be designated as asection to which the Parking Administrative Penalty By-law
applies, and that the short form wording and administrative penalties for such this infraction be
identified in Schedule “A” to the Parking Administrative Penalty By-law;
NOW THEREFOREthe Council of The Corporation of the City of Kitchenerenacts as follows:
1.By-law Number 2019-039is hereby amended by repealing Schedule “A” and replacing it
with the new Schedule “A”, attached hereto as Schedule “1”.
2.All other provisions of By-law Number 2019-039 remain unchanged.
3.This By-law shall come into force and effect on February8, 2021.
PASSED at the Council Chambers in the City of Kitchenerthis day ofFebruary, A.D.2021.
_____________________________________
Mayor
_____________________________________
Clerk
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SCHEDULE “1”
To By-law Number 2019-123
Being new Schedule “A”
To By-law Number 2019-039
DESIGNATED BY-LAWS, SHORT FORM WORDINGSAND ADMINISTRATIVE PENALTIES
1. The provisions of each by-law listed in Column 2of the following tablesare Designated
By-laws.
2.Column 3 in the following tablessets out the short form wording to be used in a Penalty
Notice for the contravention of the designated provisionslisted in Column 2.
3.Column 4 in the following tablessets out the Administrative Penalty amount that is
payable for a contravention of the designated provision listed in Column 2for the
matter(s) identified in Column 3.
CITY OF KITCHENER TRAFFIC & PARKING BY-LAW NUMBER 2019-113,AS AMENDED
FROM TIME TO TIME OR ANY SUCCESSOR THEREOF
COLUMN 1COLUMN 2COLUMN 3COLUMN 4
ITEMDESIGNATED SHORT FORM WORDING ADMINISTRATIVE
PROVISIONPENALTY AMOUNT
1Part V 1(a)Parked in Permit Only Parking $25.00
Area Without Permit
2Part V 2(a)Parked More Than 0.15 Metres $25.00
From Curb
3Part V 2(a)Parked Facing Wrong Direction$25.00
4Part V 2(b)Parked Facing Wrong Direction $25.00
On One Way Street
5Part V 2(b)Parked More Than 0.15 Metres $25.00
From Curb On One Way Street
6Part V 2(b)Failed ToPark Parallel To Curb $25.00
On One Way Street
7Part V 2(d)Parked On The Abutting $25.00
Roadway
8Part V 2(e)Parked In More Than One $25.00
Space
9Part V 3(a)(i)Parked (On/over) A Curb$25.00
10Part V 3(a)(ii)Parked (On/Over) Sidewalk$25.00
11Part V 3(a)(ii)Parked On Boulevard$25.00
12Part V 3(a)(iii)Parked In Intersection$25.00
13Part V 3(a)(iii)Parked on/over multi-use trail $25.00
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3
14Part V 3(a)(iii)Parked Within A Roundabout$25.00
15Part V 3(a)(iv)Parked Within 3 Metres Of A $25.00
Fire Hydrant
16Part V 3(a)(v)Parked Within 15 Metres Of A $25.00
Railway Crossing
17Part V 3(a)(vi)Parked Within 9 Metres Of An $25.00
Intersection
18Part V 3(a)(viii)Parked Within 1.5 Metres Of A $25.00
Driveway
19Part V 3(a)(viii)Parked Preventing (Ingress $25.00
to/Egress From) Driveway
20Part V 3(a)(x)Parked Obstructing A $25.00
Crosswalk
21Part V 3(a)(xi)Parked Obstructing Traffic$25.00
22Part V 3(a)(xiii)Parked Longer Than 3 $20.00
Consecutive Hours
23Part V 3(a)(xiv)Parked On Highway Between $30.00
2:30 a.m. And 6:00 a.m.
24Part V 3(a)(xv)Parked For Repairing Vehicle$25.00
25Part V 3(a)(xv)Parked For Washing Vehicle$25.00
26Part V 3(a)(xv)Parked For Maintaining Vehicle$25.00
27Part V 3(a)(xvi)Parked For Soliciting $25.00
(Goods/Services)
28Part V 3(a)(xvi)Parked For Buying $25.00
(Goods/Services)
29Part V 3(a)(xvi)Parked ForSelling $25.00
(Goods/Services)
30Part V 3(a)(xvi)Parked For Loading/Unloading$25.00
31Part V 3(a)(xvi)Parked To Conduct Business$25.00
32Part V 3(a)(xvii)Parked Within 15 Metres ofBus $25.00
Stop
33Part V 3(a)(xvii)Parked Within 15 Metres of $40.00
Light Rail Transit Stop
34Part V 3(a)(xxv)Parked In A Bicycle Lane$25.00
35Part V 3(a)(xviii)Parked In A Reserved Lane$25.00
36Part V 3(b)Parked On The Highway During $25.00
An Emergency
37Part V 3(a)(xix)Parked Transit Bus On $25.00
Highway
38Part V 3(a)(xx)Parked School Bus On a $25.00
Highway
39Part V 3(a)(xxii)Parked A Trailer More Than 10 $25.00
Metres In Length
40Part V 3(a)(xxi)Parked Heavy Truck On $45.00
Highway
41Part V 3 (a)(xxiii)Parked Vehicle Which is $25.00
Unlicensed
42Part V 3(a)(xxiv)Parked Vehicle Which is $25.00
Leaking Fluids
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4
43Part V 3(c)Parked In A Construction $25.00
Parking Area Without Permit
44Part V 4(a)Parked In Prohibited Area$25.00
45Part V 5Parked Over Time Limit$20.00
46Part V 6Parked Backed In At Angle$25.00
47Part V 6Parked At Wrong Angle$25.00
48Part V 7(i)Stopped In School Bus Loading $45.00
Zone
49Part V 7(ii)Stopped On Median$45.00
50Part V 7(ii)Stopped Adjacent To Median$45.00
51Part V 7(iii)Stopped Within 30 Metres Of $45.00
Bridge
52Part V 7(iii)Stopped Within 30 metres Of $45.00
Tunnel
53Part V 7(iii)Stopped Within 30 Metres Of $45.00
Underpass
54Part V 7(iv)Stopped Within A Roundabout$45.00
55Part V 8(a)Stopped In No Stopping Zone$45.00
56Part V 9Stopped In Loading Zone$45.00
57Part V 10Stopped In Taxicab Stand$45.00
58Part V 11(a)Stopped In A School Zone$80.00
59Part V 12(a)Parked (On/Over) Sidewalk $50.00
During a Special Event
60Part V 12(a)Parked On Boulevard During a $50.00
Special Event
61Part V 12(b)Parked Within 1.5 Metres Of A $50.00
Driveway During a Special
Event
62Part V 12(c)Parked Within 3 Metres OfA$50.00
Fire Hydrant During a Special
Event
63Part V 12(d)Parked In Prohibited Area $50.00
During a Special Event
64Part V 12(e)Stopped In No Stopping Zone $90.00
During a Special Event
65Part V 12(f)Parked On The Highway During $50.00
An Emergency During a
Special Event
66Part V 12(g)Parked Over Time Limit During $40.00
a Special Event
67Part V 12(h)Parked Longer Than 3 $40.00
Consecutive Hours During a
Special Event
68Part VI 1(b)Parked At Expired Meter$20.00
69Part VI (1) (a)(c)(e)Park in Parking Meter Zone –$25.00
fail to pay required fee
70Part VI (1)(c)Park in Parking Meter Zone -$25.00
longer than maximum permitted
time
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71Part VI 1(e)Parked Not Wholly In Parking $25.00
Space
72Part VI 4(c)Parked Taxicab In A Metered $25.00
Space
73Part V 3(d)Parked on a Highway During a $80.00
Snow Event
74Part VI 3Parked in accessible space $300.00
without permit
75Part VI 3Stopped in accessible space $300.00
without permit
BY-LAW NUMBER 88-169, BEING A BY-LAW TO REGULATE THE PARKING OR LEAVING
OF VEHICLES ON MUNICIPAL PARKING FACILITIES
COLUMN 1COLUMN 2COLUMN 3COLUMN 4
ITEMDESIGNATED SHORT FORM WORDINGADMINISTRATIVE
PROVISIONPENALTY AMOUNT
13(b)parked not whollyin parking $25.00
space
23(c)parkedin other thanparking $25.00
space
33(d)parked vehicle longer than 6.1 $25.00
metres
43(d)parked vehicle wider than 2.3 $25.00
metres
53(i)parked buying (goods)(services)$25.00
63(i)parked selling (goods)(services)$25.00
73(i)parked displaying $25.00
(goods)(services)
83(i)parked displaying vehicle for $25.00
sale
93(i)parked washing vehicle$25.00
103(i)parked maintaining vehicle$25.00
113(i)parked repairing vehicle$25.00
125(a)parked at expired meter$20.00
CITY OF KITCHENERPRIVATE PROPERTY BY-LAW NUMBER 2010-190
COLUMN 1COLUMN 2COLUMN 3COLUMN 4
ITEMDESIGNATED SHORT FORM WORDINGADMINISTRATIVE
PROVISIONPENALTY AMOUNT
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1Section 3parkedon private property $25.00
2Section 4parked on private property-$25.00
municipal
3Section 5parked in an unauthorized $80.00
area
BY-LAW NO. 88-171, AS AMENDED, BEING A BY-LAW TO DESIGNATE PRIVATE
ROADWAYS AS FIRE ROUTES, AND TO PROHIBIT PARKING THEREON
COLUMN 1COLUMN 2COLUMN 3COLUMN 4
ITEMDESIGNATED SHORT FORM WORDINGADMINISTRATIVE
PROVISIONPENALTY AMOUNT
1Section 6parked onfire route$75.00
BY-LAW NUMBER 2008-117, BEING A BY-LAW TO AUTHORIZE CERTAIN ON-STREET
AND OFF-STREET PARKING OF VEHICLES FOR USE BY PERSONS WITH A
DISABILITY, AND THE ISSUING OF PERMITS IN RESPECT THEREOF
COLUMN 1COLUMN 2COLUMN 3COLUMN 4
ITEMDESIGNATED SHORT FORM WORDINGADMINISTRATIVE
PROVISIONPENALTY AMOUNT
1Section 6(park)(stop)in space$300.00
designated for disabled person
BY-LAW NUMBER 2021-010,BEING A BY-LAW TO CONTROL THE IDLING OF
VEHCILES
COLUMN 1COLUMN 2COLUMN 3COLUMN 4
ITEMDESIGNATED SHORT FORM WORDINGADMINISTRATIVE
PROVISIONPENALTY AMOUNT
1Section 2(a)Idle on (highway) (private $75.00
property) (municipal property)
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