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HomeMy WebLinkAboutBy-law 6297/04THE CORPORATION Of THE CITY Of PICKERING BY-LAW NO. 6297~04 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) b) c) d) e) "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. "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. "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. "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. "transit vehicle" means Ajax/Pickering Transit Authority vehicles, paratransit vehicles, tour buses and motor coaches. "vehicle" means a motor vehicle, trailer, traction 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 electdc railways running exclusively upon rails. No person shall cause or permit a vehicle to idle for more than five (5) consecutive minutes. 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) c) vehicles assisting in an emergency activity; 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) vehicles engaged in a parade or race or any other such authorized event; h) 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 ~ · I~uce Taylor, Clerk