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Home My WebLink AboutCSD-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. 3 - 1 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 3 - 2 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” 3 - 3 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 3 - 4 2 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 3 - 5 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 3 - 6 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 3 - 7 5 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 3 - 8 6 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) 3 - 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