HomeMy WebLinkAboutCRPS-10-164 - Private Property Parking By-lawREPORT
REPORT TO:
Finance and Corporate Services Committee
DATE OF MEETING:
November 8, 2010
SUBMITTED BY:
Troy Speck, General Manager of Corporate Services
PREPARED BY:
Shayne Turner, Director of By-law Enforcement
WARD(S) INVOLVED:
All
DATE OF REPORT: October 26, 2010
REPORT NO.:
CRPS-10-164
SUBJECT:
PRIVATE PROPERTY PARKING BY-LAW
RECOMMENDATION:
That a by-law be enacted to regulate the parking of vehicles on private property without the
owner’s consent and to repeal By-law 88-170 and its corresponding amending by-laws.
BACKGROUND:
By-law 88-170, as amended, regulates private property parking, whereby the owner’s of private
property are able to have parking tickets issued to vehicles found in violation of the parking rules
they impose on their respective lands.
By-law Enforcement Division staff are proposing to update the by-law, currently 22 years old, as
part of their general program of reviewing by-laws to ensure they reflect the current needs of the
community.
REPORT:
The parking regulations applicable to private property are subject to the needs of the respective
property owners. The nature of the private properties themselves can vary from multi-
residential, to commercial to industrial. The regulations, as determined by the property owners,
are enforced in either of 2 ways; they request City staff to attend and issue tickets to the
vehicles they identify, or they enter into a process with the City whereby private individuals are
authorized to issue parking tickets on the specifically designated properties. The authorized
individuals are either the property owners themselves, their direct employees, or agents (ie.
ç ó ï
security companies) contracted to monitor and enforce in their parking lots. All people
authorized to enforce private property parking regulations are designated in a Schedule to the
By-law, by way of by-law amendments passed by Council from time to time. This practice of
designating individuals by way of amending a Schedule to the By-law will continue under the
proposed by-law mechanism. Currently, there are approximately 2,000 private individuals
designated to enforce private property parking regulations in the City.
Within the proposed by-law, staff are not proposing any significant changes to the fundamental
focus of private property enforcement, being that the property owners establish the rules
reasonably applicable to their respective circumstances. Further, property owners will be free to
establish the level of service (ie. monitoring and enforcement) they desire, relative to their
circumstances, by way of requesting calls for service to City staff or designating/hiring private
officers.
However, staff are taking this opportunity to propose a new enforcement option to assist them
with enforcing issues related to front yard parking on private residential properties. Parking
vehicles on front yards (ie. landscaped and grassed areas) is a relatively common complaint
received in residential areas. This offence is a violation of the City’s Zoning By-law and requires
that By-law Enforcement staff focus on the actions of a person, rather than the vehicle itself.
From time to time, particularly with rental properties, this enforcement process becomes
somewhat complicated in that staff must hold the person creating the violation accountable (ie.
the person parking the vehicle), as opposed to simply dealing with the property owner.
Staff are proposing a provision in the draft by-law that would prohibit people from parking in an
area that is known as the “unauthorized area”, essentially being the front or side yards of a
residential property, including the boulevard area relating to properties where no sidewalks
exist. In essence, staff will focus on the vehicle, by issuing a parking ticket, as opposed to
having to determine who the person responsible is.
This process will require the consent of the property owner and will apply in situations whereby
the owner is found not to be responsible for the illegal parking. This enforcement option will
prove to be more effective and efficient, albeit with limited application, thus allowing staff to
provide an enhanced service response in specifically identified situations. Having said this, it
must be understood that most of the front yard parking complaints will still be enforced by way
of the Zoning By-law mechanism, focusing on the person.
Subject to Council’s direction, upon enactment of the proposed by-law, it is staff’s intent to apply
to the Province for re-approval of the existing set fine of $25 for the typical violation of parking
on private property without the owner’s consent, and a fine of $80 for parking on a front or side
yard.
It should also be noted that staff would have the option of towing the offending vehicle if the
circumstances warranted it. This option would only be utilized where the circumstances warrant
such action, and is in line with staff’s existing authority under the Zoning By-law.
ç ó î
FINANCIAL IMPLICATIONS:
None identified at this time.
COMMUNICATIONS:
No Corporate Communications required.
CONCLUSION:
Staff are proposing to replace the existing Private Property Parking By-law, 88-170, as part of
their regular process of reviewing older by-laws. In addition, they are proposing to include an
option that will serve as an added tool to address an existing situation relating to the illegal
parking of vehicles on the front and side yards of residential properties, currently enforced under
the Zoning By-law. This added tool will allow staff to focus on the vehicle by way of issuing a
parking ticket when it is appropriate to do so.
ACKNOWLEDGED BY: Troy Speck, General Manager of Corporate Services
ç ó í