HomeMy WebLinkAboutCL 05-04
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Report Number: CL 05-04
Date: January 19, 2004
REPORT TO
EXECUTIVE COMMITTEE
From:
Bruce Taylor, AMCT, CMM
City Clerk
Subject:
By-law to Restrict the Idling of Vehicles
Recommendation:
1.
Clerk's Report CL 05-04 regarding a by-law to restrict the idling of vehicles be
received.
2.
That the draft by-law to prohibit the idling of vehicles beyond five minutes, subject
to certain exceptions, be forwarded to Council for enactment.
Executive Summary:
Attached is a draft by-law to restrict the idling of vehicles to five minutes, with certain
exceptions.
Financial Implications:
Not applicable
Background:
Please be advised that Council passed the following resolution at its regular meeting of
June 3, 2002:
That the Council for the City of Pickering ratify the model resolution
forwarded by the Federation of Canadian Municipalities, regarding the
Kyoto Protocol; and
That the Mayor of the City of Pickering be authorized to sign the Toronto
Intergovernmental Declaration on Clean Air at the Toronto Third Annual
Smog Summit to be held on June 21, 2002; and
Report CL 05-04
January 19, 2004 15;)
Page 2
Subject: By-law to Restrict the Idling of Vehicles
That the City of Pickering investigate ways to reduce air pollution through
point sources, municipal operations, as well as through fuel and
equipment procurement and through consolidating and rationalizing
municipal operations, as opportunities arise.
Following the passage of the above resolution, the City of Pickering became a member
of the Greater Toronto Area Clean Air Council (GTA-CAC) , an inter-governmental
working group dedicated to exploring joint clean air initiatives in the GTA and sharing
best practices to reduce air pollution. Through annual membership on this Council, the
City was expected to continue to be involved in future Smog Summits and commit, on
an ongoing basis, to undertake action to improve air quality. The Economic
Development Officer was appointed to represent the City on the GTA - CAC.
Council continued to support the GT A - CAC through the passage of the following
resolution on June 16, 2003:
That Council authorize the Mayor to sign the Toronto Intergovernmental
Declaration on Clean Air at the Toronto Fourth Annual Smog Summit to be
held on June 20, 2003.
On of the commitments that was made by the City of Pickering as a result of the above
two resolutions was the enactment of a by-law to prohibit the idling of vehicles for longer
than five minutes and a public education and outreach program to promote the need to
reduce vehicle idling to improve local air quality.
Attached is a draft by-law to prohibit the idling of vehicles longer than five minutes
subject to various exceptions. This by-law has been reviewed by the senior staff at the
Ajax/Pickering Transit Authority who have indicated their support of it and noted that
they have an internal policy that prohibits their staff to idle transit vehicles longer than
three minutes if the vehicle is not in operation. This By-law also fulfills the City's
commitment to the Clean Air Council.
This By-law can be enforced by a Municipal Law Enforcement Officer or an Officer of
the Durham Region Police Service. Fines for a contravention of this By-law can be up
to $5,000.
This By-law will not apply to the following:
.
emergency vehicles while engaged in operational activities
mobile workshops
vehicles where idling is required as part of a repair process
armoured vehicles
vehicles that are caught in traffic jams
vehicles engaged in a parade or other such activity
transit vehicles while in use
vehicles used by persons under a medical certificate
.
.
.
.
.
.
.
156
Report CL 05-04
January 19, 2004
Page 3
Subject: By-law to Restrict the Idling of Vehicles
Attachments:
1.
Draft by-law
Prepared By:
¿:
F3ruce Taylor
City Clerk
~.
Attachments
Copy: Economic Development Officer
Manager, By-law Enforcement Services
Recommended for the consideration of
Pickering Ciß' C unci!
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THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a by-law to restrict the idling of
vehicles.
WHEREAS pursuant to Section 130 the Municipal Act, 2001, S.O. 2001, c.25, as
amended, a municipality may regulate matters not specifically provided for by this Act or
any other Act for purposes related to the health, safety and well-being of the inhabitants
of the municipality; and
WHEREAS vehicles are sources of nitrogen oxides, carbon monoxide, sulphur dioxides
and volatile organic compounds in the outdoor air of the City of Pickering; and
WHEREAS the levels of air pollutants in the City of Pickering are associated with
adverse health effects, including deleterious effects on respiratory health;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOllOWS:
1.
In this by-law,
a)
"idle" means the operation of the engine of a vehicle while the vehicle is
not in motion and not being used to operate auxiliary equipment that is
essential to the basic function of the vehicle and "idling" has a
corresponding meaning.
b)
"layover" means stopping at a point along a transit route for a maximum of
fifteen (15) minutes to allow a transit vehicle to adjust to service
schedules.
c)
"mobile workshop" means
i)
a vehicle containing equipment that must be operated inside or in
association with the vehicle; or
ii)
a vehicle serving as a facility for taking measurements or making
observations or conducting maintenance or construction operated
by or on behalf of a municipality, public utility or police, fire or
emergency service.
d)
"stopover" means a scheduled delay of a maximum of fifteen (15) minutes
at a transit vehicle terminal to allow transit vehicles to adjust service
schedules.
e)
"transit vehicle" means Ajax/Pickering Transit Authority vehicles,
paratransit vehicles, tour buses and motor coaches.
f)
"vehicle" means a motor vehicle, trailer, tràction engine, farm tractor, or
road building machine as defined in the Highway Traffic Act, and any
vehicle drawn, propelled or driven by any kind of non-muscular power but
does not include cars or electric or diesel electric railways running
exclusively upon rails.
2.
No person shall cause or permit a vehicle to idle for more than five (5)
consecutive minutes.
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Section 2 does not apply to:
a)
police, fire, or ambulance vehicles while engaged in operational activities,
including training activities except where idling is substantially for the
convenience of the operator of the vehicle;
b)
vehicles assisting in an emergency activity;
c)
mobile workshops while they are in the course of being used for their
basic function;
d)
vehicles where the idling is required as part of a repair process or to
prepare a vehicle for servicing;
e)
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;
f)
vehicles that remain motionless because of an emergency, traffic or
weather conditions or mechanical difficulties over which the driver has no
control;
g)
h)
vehicles engaged in a parade or race or any other such authorized event;
transit and passenger vehicles while passengers are embarking or
disembarking en route or at terminals;
i)
transit vehicles while at a layover or stopover location, except where idling
is required to maintain a comfortable environment for passengers;
j)
vehicles transporting a person where a medical doctor certifies in writing
that for medical reasons, the person requires the temperature or humidity
be maintained within a certain range;
This by-law shall be administered an enforced by a Municipal Law Enforcement
Officer of the City of Pickering or an Officer of the Durham Region Police Service.
Any person who contravenes any provision of this by-law is, upon conviction,
guilty of an offence and is liable to any penalty as provided in the Provincial
Offences Act.
BY-LAW read a first, second and third time and finally passed this 16th day of February,
2004.
David Ryan, Mayor
Bruce Taylor, Clerk
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