HomeMy WebLinkAboutOES 02-08
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REPORT TO
EXECUTIVE COMMITTEE
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Report Number: OES 02-08
Date: May 12, 2008
From:
Everett Buntsma
Director, Operations & Emergency Services
Subject:
City's Traffic & Parking By-law No. 6604/05
Housekeeping and Updating Amendments
File: A-2130
Recommendations:
1. That Report OES 02-08 of the Director, Operations & Emergency Services
regarding proposed amendments to the City's Traffic & Parking By-law No.
6604/05 be received; and
2. That the draft by-law attached to this report be enacted to amend By-law No.
6604/05.
Executive Summary: The City's Traffic & Parking By-law No. 6604/05 (the "Traffic
By-law") was passed on December 19, 2005. It amalgamated numerous traffic and
parking related by-laws into one comprehensive document. As part of an ongoing effort
to keep the Traffic By-law current, staff propose changes to,
. incorporate new roads and/or portions of roads;
. include recent legislative provisions in the Highway Traffic Act ("HTA");
. respond to requests from the community;
. incorporate Community Safety Zones in accordance with Resolution #96/07;
and
. address other municipal concerns.
Financial Implications: The general amendments to the Traffic By-law
recommended in this report do not present any major financial implications. However,
the specific recommendations associated with the implementation of a community
safety zone program is estimated to cost $6,500.00. This cost can be accommodated
within the roads current account, 2320-2409.
Report OES 02-08
May 12, 2008
Subject:
Amendment to Traffic & Parking By-law No. 6604/05
Page 2
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Sustainability Implications: The changes proposed by staff are relevant to the social
lens of sustainability by addressing traffic operations and their impacts on municipal
infrastructure (roadway) data management.
Background:
General By-law Corrections
As part of an ongoing effort to ensure accurate traffic records, staff continue to field
verify municipal traffic controls. As a result of this work, staff have identified and hereby
propose several corrections to the Traffic By-law. Attached to this report (Attachment
No.1) is a list of the proposed corrections and the reasons for the corrections.
Major By-law Amendments - Pedestrian Crossovers
Currently, the Traffic By-law contains provisions to formally establish pedestrian
crossovers (PXOs) in the City in accordance with the HTA. However, as these devices
have been linked with an unacceptably high rate of pedestrian accidents across
Ontario, and are being phased out and replaced by conventional pedestrian activated
traffic signals, typically referred to as an intersection pedestrian signal (IPS). As all of
the previously established PXOs in the City have been converted to IPSs (see list
below), an amendment to the Traffic By-law is required to remove all pedestrian
crossover references (e.g. clauses 14(a) and (b) and Schedule 11).
Location
. Glenanna Road at Esplanade South
. Dixie Road at Silverthorn Square
. Liverpool Road at Tatra Drive
. Oklahoma Drive at Eyer Drive
. Glenanna Road at Fieldllight Boulevard
. Valley Farm Road at Fieldlight Blvd
. Glenanna Road at Walnut Lane
Maior By-law Amendment - Parkinq on Municipal Property
In response to ongoing public complaints, Municipal Law Enforcement Services staff
have requested an amendment to the Traffic By-law which would prohibit overnight
(1 :00 a.m. to 5:00 a.m.) parking on municipal property other than a highway. This
request is consistent with previous requests from Durham Regional Police Service to
prohibit overnight parking as a means of deterring loitering and night time vandalism.
Staff are therefore proposing to amend Section 17 of the Traffic By-law with the
addition of the following subsection:
Report OES 02-08
May 12, 2008
Subject:
Amendment to Traffic & Parking By-law No. 6604/05
Page 3
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17. (2)
Where authorized signs which clearly indicate the regulation have
been installed, no person shall park on municipal property
between the hours of 1:00 a.m. and 5:00 a.m.
Maior By-law Amendment - Community Safety Zones
In 1998, the Ontario Government passed amendments to the HTA to allow for the
establishment of community safety zones (CSZs). As a road safety initiative intended
to deter unsafe driver behavior, the changes provided municipalities with the authority
to designate municipal highways or portions of highways as CSZs and raised the
minimum set fines for moving violation offences within CSZs.
Anticipating a deluge of requests for action from the public, technical staff at the Region
of Durham and the area municipalities agreed to establish 10 test pilot sites on
Regional Roads where,
. there had been a history of repeated speeding offences
. enforcement alone had not been effective
. other mitigating measures were inappropriate or had not been effective
. there was a genuine, not perceived, safety problem
. there had been a high number of collisions.
The test pilot community safety zone in Pickering is located on Whites Road between
Highview Road and Finch Avenue fronting St. Mary Catholic High School.
While provisions for the use of CSZs are included in the municipally adopted Safer
Streets Traffic Management Strategy, no formal policies and/or zone selection criteria
have been established by the City. Also, the current Traffic By-law does not contain
provisions to formally identify and establish CSZs in the City in accordance with the
HTA.
On April 16, 2007, Council passed resolution #96/07 directing staff to establish "a
community safety zone on any arterial road where a school is located in the City of
Pickering". Consequently, staff are proposing that the following community safety
zones be established on the following roads under the jurisdiction of the City of
Pickering:
Road
Location
Days/Time
Dixie Road
Glenanna Road to Kitley Avenue
Anytime
Glenanna Road
Heathside Crescent to Brookshire
Square
Anytime
Glenanna Road
Dixie Road to Listowell Crescent
Anytime
Report DES 02-08
May 12, 2008
Subject:
Amendment to Traffic & Parking By-law No. 6604/05
Page 4
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Rosebank Road
Strouds Lane to Charnwood Court
Anytime
Sheppard Avenue
135 metres east of Edmund Street
to Whites Road
Anytime
Strouds Lane
Autumn Crescent to Alder Court
Anytime
Twyn Rivers Drive
Hoover Drive to Altona Road
Anytime.
Staff propose to incorporate the changes by adding a new Schedule 14 to identify these
locations and by adding the following section to the Traffic By-law:
COMMUNITY SAFETY ZONES
33. (1)
In this section, "community safety zone" has the same meaning as
in the HT A.
(2) Where authorized signs are displayed, highways and sections of
highways as described in Columns 1 and 2 of Schedule 14 are
designated as community safety zones during the prohibited times
and days as set out in Column 3 of Schedule 14.
Maior Bv-Iaw Amendment - Reduced Load Hiqhwavs
The intent of reduced load designations is to limit the maximum vehicular loads on
roads which have not been constructed to a standard sufficient to accommodate heavy
loads and as such would be susceptible to deterioration as a result of spring excess
groundwater and intermittent freeze thaw cycle conditions.
The City currently administers the application of spring reduced (half) load restrictions
on its highways through sections 34 and 35 of the Traffic By-law which read as follows:
REDUCED LOAD HIGHWA YS
34. For the purposes of subsections 122 (1), (2) and (3) of the HTA, the
reduced load period shall be that period commencing on March 1st of each
year and ending on April 3dh of each year.
35. The highways to which the reduced load period designation applies shall
be those highways or portions of thereof as set out in Schedule 12.
The by-law generally requires an annual update to Schedule 12 in order to add new
roads and/or portions of road as they are constructed. However, for reasons of
administrative efficiency, staff propose an amendment to section 35 which would
establish all municipal roads as being spring load applicable and only identify those few
Report OES 02-08
May 12, 2008
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Amendment to Traffic & Parking By-law No. 6604/05
Page 5
roads which are constructed to full load standards and would therefore be exempt from
the by-law's requirements. The suggested wording is as follows:
35. The reduced load period designation shall apply to all highways save and
except those highways or portions of highways set out in Schedule 12.
Leqislative Chanqes
On March 31, 2006, the Province proclaimed the Transportation Statute Law
Amendment Act, S.O. 2005 which amended the HTA. In addition to addressing other
issues, the Act gave municipalities the ability to establish construction zones, set lower
speed limits within the construction zones, and increase fines for speeding within the
zones when workers are present. The Act also made it an offence to disobey a traffic
control person's STOP and SLOW signs.
The Act also allows municipalities to appoint a person for the purposes of designating a
highway or a portion of a highway under the municipality's jurisdiction as a construction
zone and setting a lower rate of speed within the construction zone when the zone is
marked with signs in accordance with the Act. A copy of subsections 17(1) through (8)
of Bill 169 (which became the Transportation Statutes Law Amendment Act) is attached
to this report (Attachment No.2).
Currently, section 8 of the Traffic By-law empowers the City's Director of Operations &
Emergency Services or a designate to erect traffic signs. Staff propose an amendment
to section 8 to further authorize the Director or a designate to establish construction
zones and temporary rates of speeds within those zones.
Staff-Initiated Chanqes
In order to establish administrative improvements and to further simplify the Traffic By-
law, staff propose the following additional amendments:
(a) Authorized Sign Requirements
Currently, numerous sections of the Traffic By-law identify regulations or prohibitions
that are not effective unless authorized signs have been installed. However, the
signage requirement is not clearly identified within the specific section it applies to but
rather in an independent section (Section 46) at the end of the by-law.
Staff propose to clearly identify the specific authorized sign installation requirements
within each applicable by-law section by amending Section 46 and the Sections 14, 16,
17, 18, 20, 21, and 23 to include the words: "Where authorized signs that clearly
indicate the regulation have been installed":
Report OES 02-08
May 12, 2008
Subject:
Amendment to Traffic & Parking By-law No. 6604/05
Page 6
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(b) Boulevard Parking
Currently the Traffic By-law prohibits parking on boulevards. However, because
boulevard parking has recently been incorporated within the Millenium Square Marshall
Homes project along Liverpool Road, an amendment to Traffic By-law is necessary.
Staff propose the following amendment:
15. No person shall park any vehicle on a highway, ...
(i) on any boulevard unless authorized signs are installed which indicate that
parking is permitted on that side and between those limits set out in
Columns 1, 2 and 3 of Schedule 13 during the times or days set out in
Column 4 of Schedule 13;
(c) No Parking Near Supermailboxes and Transit Stops
In order to address Municipal Law Enforcement Services concerns and complaints
received from the public with respect to access difficulties caused by vehicular on street
parking, staff propose an amendment to Section 15 of General Stopping and Parking
Regulations of the Traffic By-law which would prohibit on street parking within 3 metres
of a supermailbox or a transit stop.
(d) General Stopping and Parking Regulations
Concerns have been voiced by municipal crossing guards that the "No Stopping"
distance adjacent to crosswalks at locations with either excessive vehicular speeds or
reduced visibility due to roadway alignment conditions (bends) is deemed to be
insufficient. Consequently, staff propose that the distance be increased from 10m to
30m through an amendment to clause 13(2)(c).
(e) Parking/Stopping During Winter Snow Clearing Operations
As an enforcement improvement initiative requested by Municipal Law Enforcement
Services staff, a minor change is proposed to the General Stopping and Parking
Regulations section of the Traffic By-law. Currently, clause 13(2)(d) of the Traffic By-
law prohibits parking any vehicle on a highway "while salt or sand is being applied to,
or when snow is being ploughed or removed from, any part of a highway". A minor
change to this section is required to make it clear that the snow clearing operations do
not have to be on the street being ticketed.
(f) Commercial Vehicles
In order to improve enforcement capabilities, by-law staff have requested a clarification
to the definition of "commercial vehicles". The.intent is to,
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Report OES 02-08
May 12, 2008
Subject:
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Amendment to Traffic & Parking By-law No. 6604/05
Page 7
. allow for a simpler means of capturing complex vehicles and/or combination of
vehicles (i.e. commercial pickup and landscape trailer) which are currently
excluded from the existing by-law definition;
. clarify that the restriction also applies to oversize vehicles; and
. eliminate the existing exclusion within industrial areas.
Staff propose that section 22 of the Traffic By-law be replaced with the following:
COMMERCIAUOVERSIZE VEHICLES
22. (1)
In this section, "commercial/oversize vehicle" means any vehicle
or a combination of a vehicle and a trailer which exceeds 6.7
metres in length or has more than 4 wheels and is designed or
operated for a commercial purpose.
(2) No person shall park any commercial/oversize vehicle on any
highway unless the commercial/oversize vehicle is actually
engaged in the loading and unloading, delivery and receipt of
goods, wares, merchandise or passengers to adjacent premises.
Attachments:
1. General By-law Corrective Amendments Justification
2. Draft Amending By-law
3. Bill 169 - Subsections 17 (1) to (8)
4. Liverpool Road - Proposed Traffic Controls Sketch
Prepared By:
Approved I Endorsed By:
Everett Bunts
Director, Operations & Emergency Services
Richard W. Holborn, P. Eng
Division Head,
Municipal Property & Engineering
RH:mp/ks
Report OES 02-08
May 12, 2008
Subject:
Amendment to Traffic & Parking By-law No. 6604/05
Page 8
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RH:mp/ks
Attachments
Copy: Chief Administrative Officer
Manager, By-law Services
Superintendent, Municipal Operations
Recommended for the consideration of
Pickering C~~y{;6U cil
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ITEM
No Stoppinq - Schedule 1
Parkside Drive
No Parkinq - Schedule 2
Balaton Avenue
Balaton Avenue
Liverpool Road
Stop Siqns - Schedule 7
Atwood Crescent @
Whites Road (N&S)
Avonmore Square @
Valley Farm Road
Halsey Lane @
Abbey Road
Honeywood Crescent @
Deerbrook Drive (N&S)
Poppy Lane @
Lodge Road (east
Intersection)
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GENERAL BYLAW CORRECTIONS
CHANGE JUSTIFICATION
Monday to Friday Omitted in original by-law text
Deletes section which conflicts with No Stopping
By-law
Adds omitted sections of By-law 6323/04
Update to eliminate the conflict with the permitted
boulevard parking scheme as implemented in the
Liverpool Road Marshall Homes project and the no
parking provisions of the current traffic by-law
Correct Whites Road reference (as Regional)
to Atwood Crescent
Add reference as omitted in original Consolidation
By-law
Correct Halsey Avenue reference to Halsey Lane
Correct Honeywood Drive reference to Honeywood
Crescent
Correct west intersection reference to east
Correct southbound reference to eastbound
Speed Limits - Schedule 9
Dixie Road
Notion Road
Secord Street
Seguin Square
Senator Street
Shademaster Drive
Twyn Rivers Drive
I
2. "2.
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)
Add reference as omitted in original Consolidation By-
law submission
Correct 40 km/h reference to 50 km/h
Add reference as omitted in original Consolidation By-
law submission
Add reference as omitted in original Consolidation By-
law submission
Add reference as omitted in original Consolidation By-
law submission
Add reference as omitted in original Consolidation By-
law submission
Incorrectly labeled in original Consolidation By-law
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THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. /08
Being a by-law to amend By-law No. 6604/05
WHEREAS By-law No. 6604/05 provides for the regulation of traffic and parking on
highways, private property and municipal property within the City of Pickering; and
WHEREAS the City wishes to amend By-law No. 6604/05.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1. By-law No. 6604/05 shall be amended as set out in sections 2 through 20 of this
by-law.
2. Section 8 is repealed and the following substituted:
8. The Director is authorized to,
(a) place, erect and maintain such signs as are required to give effect to the
provisions of this by-law;
(b) designate a highway or portion of a highway as a construction zone;
and
(c) designate the rate of speed for motor vehicles driven in a construction
zone.
3. Clauses (c), (d) and (e) of subsection 13(2) are repealed and the following
substituted:
(c) within 10 metres of a crosswalk or, where authorized signs to that affect are
erected, within a distance of up to 30 metres of a crosswalk;
(d) while salt or sand is being applied to, or when snow is being ploughed or
removed from, any highway in the City;
(e) in such a manner as to interfere with seasonally required road maintenance
activities including snow ploughing and or removal, sanding, salting and
sweeping;
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By-law No.
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4. Section 14 is repealed and the following substituted:
14. Where authorized signs that clearly indicate the regulation have been
installed, no person shall stop a vehicle on a highway between the hours of
8:30 a.m. and 4:30 p.m., Monday to Friday inclusive, on either side of a
highway or portion of a highway that is adjacent to a school.
5. Sections 15, 16, 18, 20, 21 and 23 are amended by adding the words "Where
authorized signs that clearly indicate the regulation have been installed" prior to
the following words "no person shall".
6. The following clause is added to Section 15:
(b.1) within a distance of 3 metres of a supermailbox or transit stop;
7. Clause (i) of Section 15 is repealed and the following substituted:
(i) on any boulevard unless authorized signs are installed which indicate that
parking is permitted on that side and between those limits set out in Columns
1, 2 and 3 of Schedule 13 during the times or days set out in Column 4 of
Schedule 13.
8. Section 17 is repealed and the following substituted:
17. (1) No person shall park or stop any vehicle on municipal property where,
by means of one or more authorized signs, it is indicated that parking or
stopping is not permitted.
(2) Where authorized signs which clearly indicate the regulation have been
installed, no person shall park on municipal property between the hours
of 1 :00 a.m. and 5:00 a.m.
9. Section22 is repealed and the following substituted:
COMMERCIAL/OVERSIZE VEHICLES
22. (1) In this section, "commercial/oversized vehicle" means any vehicle, or a
combination of a 'vehicle and a trailer that exceeds 6.7 metres in length
or has more than 4 wheels and is designed or operated for a
commercial purpose.
(2) No person shall park any commercial/oversize vehicle on any highway
unless the commercial/oversize vehicle is actually engaged in the
loading and unloading, delivery and receipt of goods, wares,
merchandise or passengers to adjacent premises.
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By-law No.
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10. Section 33 is repealed and the following substituted:
COMMUNITY SAFETY ZONES
33. (1) In this section, "community safety zone" has the same meaning as in
the HT A
(2) Where authorized signs are displayed, highways and sections of
highways as described in Columns 1 and 2 of Schedule 14 are
designated as community safety zones during the prohibited times and
days as set out in Column 3 of Schedule 14.
11. Sections 34 and 35 are repealed and the following substituted:
REDUCED LOAD HIGHWAYS
34. For the purposes of subsections 122(1), (2) and (3) of the HTA, the reduced
load period shall be that period commencing on March 1st of each year and
ending on April 30th of each year.
35. The reduced load period designation shall apply to all highways save and
except those highways or portions of highways set out in Schedule 12.
12. Section 46 is repealed and the following substituted:
46. Sections 25, 28, 29, 31, 32, 33 and 34 shall not be effective unless
authorized signs that clearly indicate the regulation or prohibition have been
erected.
13. Schedule 1 is amended as follows:
SCHEDULE 1
NO STOPPING
COLUMN 1
COLUMN 2
COLUMN 3
COLUMN 4
HIGHWAY
SIDE
LIMITS (FROM/TO)
OR DAYS
PROHIBITED TIMES
DELETE
Parkside Drive
West
Millbank Road to Pebble
Court
8:00 am to 5:00 pm
ADD
Parkside Drive
West
Millbank Road to Pebble
Court
8:00 am to 5:00 pm
Monday to Friday
By-law No.
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15. Schedule 7 is amended as follows:
SCHEDULE 7
STOP SIGNS
COLUMN 1
COLUMN 2
INTERSECTION
COMPULSORY STOP FACING TRAFFIC
DELETE
Atwood Crescent @
Whites Road
(north & south intersection)
Halsey Avenue @
Abbey Road
Honeywood Drive @
Deerl:5rook Drive
(north & south intersections)
Poppy Lane @
Lodge Road
(west intersection)
ADD
Atwood Crescent, eastbound
Halsey Lane, westbound
Honeywood Drive, eastbound
Poppy Lane, southbound
Atwood Crescent @
Atwood Crescent (oulb)
Avonmore Square @
Valley Farm Road
Halsey Lane @
Abbey Road
Honeywood Crescent @
Deerl:5rook Drive
(north & south intersections)
Poppy Lane @
Lodge Road
(easl intersection)
Atwood Crescent, eastbound
Avonmore Square, westbound
Halsey Lane, westbound
Honeywood Crescent, eastbound
Poppy Lane, eastbound
By-law No.
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16. Schedule 9 is amended as follows:
SCHEDULE 9
SPEED LIMITS
COLUMN 1
COLUMN 2
COLUMN 3
HIGHWAY
LIMITS
SPEED
DELETE
Dixie Road
Kitley Avenue to Finch Avenue
Full limit
(blank)
40 km/h
Notion Road
Twyn Rivers Drive
Full limit
40 km/h
ADD
Dixie Road
Kingston Road to Glenanna Road 60 km/h
Kitley Avenue to Finch Avenue 60 km/h
Full limit 40 km/h
Full limit 40 km/h
Full limit 40 km/h
Full limit 40 km/h
Hoover Drive to Altona Road 40 km/h
Dixie Road
Secord Street
Sequin Square
Senator Street
Shademaster Drive
Twyn Rivers Drive
17. Schedule 11 is repealed.
18. Schedule 12 is repealed and the following substituted:
SCHEDULE 12
FULL LOAD HIGHWAYS
COLUMN 1
COLUMN 2
HIGHWAY
LIMITS (FROM / TO)
Alliance Road
Full limit
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COLUMN 1
HIGHWAY
Church Street
Clements Road
Copperstone Drive
Delta Boulevard
Dersan Street
Dillingham Road
Dixie Road
Esplanade North
Esplanade South
Feldspar Court
Fifth Concession Road
Glenanna Road
Granite Court
Guild Road
SCHEDULE 12
FULL LOAD HIGHWAYS (continued)
COLUMN 2
LIMITS (FROM I TO)
Bayly Street (Regional Road 22)
to south limit
Full limit
Full limit
Full limit
Full limit
Full limit
Finch Avenue (Regional Road 37)
To south limit
Full limit
Full limit
Full limit
Brock Road (Regional Road 1) to
950 metres east thereof
Kingston Road (Regional Hwy 2)
To Pickering Parkway
Full limit
Kingston Road (Regional Hwy 2)
to 120 metres north
By-law No.
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COLUMN 1
HIGHWAY
Ironstone Manor
Jodrel Road
McKay Road
McPherson Court
Montgomery Park Road
Notion Road
Orangebrook Court
Pickering Parkway
Plummer Street
Quartz Street
Salk Road
Sandstone Manor
Sandy Beach Road
Sideline 16
Silicone Drive
Squires Beach Road
Third Concession Road
Toy Avenue
Valley Farm Road
SCHEDULE 12
FULL LOAD HIGHWAYS (continued)
COLUMN 2
LIMITS (FROM / TO)
Full limit
Full limit
Full limit
Full limit
Full limit
Full limit
Full limit
Full limit
Full limit
Full limit
Full limit
Full limit
Full limit
Highway 7 to 750 metres east
ana north thereof
Full limit
McKay Road to Bayly Street
(Regional Road 22)
Brock Road (Regional Road 1)
to 1200 metres west thereof
Full limit
Kingston Road (Regional Hwy 2)
to Pickering Parkway
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19. The following Schedule is added:
SCHEDULE 13
PERMITTED BOULEVARD PARKING
COLUMN 1 COLUMN 2 COLUMN 3
HIGHWAY SIDE LIMITS
TIMES PROPERTY
Liverpool Road West 70 metres north of the south
limit to 20 metres north thereof,
135 metres north of the south
limit to 80 metres north thereof,
225 metres north of the south
limit to 85 metres north thereof
Liverpool Road
55 metres north of the south
limit to 35 metres north thereof,
East
155 metres north of the south
limit to 60 metres north thereof,
250 metres north of the south
limit to 30 metres north thereof
20. The following Schedule is added:
SCHEDULE 14
COMMUNITY SAFETY ZONES
COLUMN 1
COLUMN 2
HIGHWAY
LIMITS
Dixie Road
Glenanna Road to Kitley
Avenue
COLUMN 4
PERMITTED
OR DAYS
For a maximum of
3 consecutive
hours
from 5:00 a.m.
to 1 :00 a.m.
For a maximum of
3 consecutive
hours
from 5:00 a.m.
to 1 :00 a.m.
COLUMN 3
TIMES OR DAYS
Anytime
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COLUMN 1
HIGHWAY
Glenanna Road
Glenanna Road
Rosebank Road
SCHEDULE 14
COMMUNITY SAFETY ZONES (continued)
COLUMN 2
LIMITS
Heathside Crescent to Brookshire Square
Dixie Road to Listowell
Crescent
Strouds Lane to Charnwood Court
Sheppard Avenue 135 metres east of Edmund Street to
Whites Road
Stouds Lane
Autumn Crescent to Alder Court
Twyn Rivers Drive Hoover Drive to Altona Road
COLUMN 3
TIMES OR DAYS
Anytime
Anytime
Anytime
Anytime
Anytime
Anytime
21. This by-Law shall come into force on the day that it is passed.
BY-LAW read a first, second and third time and finally passed this
2008.
day of
David Ryan, Mayor
Debi A. Wilcox, City Clerk
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Bill 169-TRANSPORTATION STATUES LAW AMENDMENT ACT
Subsections 17 (1) to (8)
17. (1) Subsection 128 (1) of the Act is repealed and the following substituted:
Rate of speed
(1) No person shall drive a motor vehicle at a rate of speed greater than,
(a) 50 kilometres per hour on a highway within a local municipality or within a built-
up area;
(b) despite clause (a), 80 kilometres per hour on a highway, not within a built-up
area, that is within a local municipality that had the status of a township on December 31, 2002
and, but for the enactment of the Municipal Act, 2001, would have had the status of a township
on January 1,2003, if the municipality is prescribed by regulation;
(c) 80 kilometres per hour on a highway designated by the Lieutenant Governor in
Council as a controlled-access highway under the Public Transportation and Highway
Improvement Act, whether or not the highway is within a local municipality or built-up area;
(d) the rate of speed prescribed for motor vehicles on a highway in accordance with
subsection (2), (3.1), (4), (5), (6), (6.1) or (7);
(e) the maximum rate of speed set under subsection (10) and posted in a construction
zone designated under subsection (8) or (8.1); or
(f) the maximum rate of speed posted on a highway or portion of a highway pursuant
to section 128.0.1.
(2) Subsection 128 (3) of the Act is repealed and the following substituted:
Same
(3) The rate of speed prescribed under subsection (2) or set under subsection (10) shall
be 40, 50, 60, 70, 80, 90 or 100 kilometres per hour.
(3) Section 128 of the Act is amended by adding the following subsection:
Rate in traffic calming areas
(3.1) Where the roadway of a highway, or of a portion of a highway, has physical
impediments for the purpose of reducing traffic speeds to less than 40 kilometres per hour, the
council of a municipality may by by-law prescribe a rate of speed of 30 kilometres per hour for
motor vehicles driven on the highway or portion of the highway.
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(4) Subsections 128 (8), (9) and (10) of the Act are repealed and the following substituted:
Construction zones
(8) An official of the Ministry authorized by the Minister in writing may designate any
part of the King's Highway as a construction zone, and every construction zone designated under
this subsection shall be marked by signs in accordance with the regulations.
Same
(8.1) A person appointed by the municipality for the purpose of this subsection may
designate a highway or portion of a highway under the municipality's jurisdiction as a
construction zone, and every construction zone designated under this subsection shall be marked
by signs in accordance with the regulations.
Same
(8.2) The presence of signs posted under subsection (8) or (8.1) is proof, in the absence
of evidence to the contrary, of the designation of the portion of the highway as a construction
zone, of the authority of the person authorized under subsection (8) or (8.1) to make the
designation and of the speed limit set for the portion of the highway under subsection (10).
Regulations Act does not apply
(9) A designation under subsection (8) or (8.1) and the setting ofa speed limit under
subsection (10) are not regulations within the meaning of the Regulations Act.
Speed limit in construction zones
(10) The person authorized under subsection (8) or (8.1) may set a lower rate of speed
for motor vehicles driven in the designated construction zone than is otherwise provided in this
section, and the speed limit shall not become effective until the highway or portion of it affected
is signed in accordance with subsection (8) or (8.1), as the case may be, and with subsection
(10.1).
Speed limit signs in construction zones
(10.1) Signs posting the maximum rate of speed at which motor vehicles may be driven
in a designated construction zone may be erected in accordance with the regulations.
(5) Subsection 128 (11) of the Act is repealed and the following substituted:
By-laws, regulations effective when posted
(11) No by-law passed under this section or regulation made under clause (7) (c)
becomes effective until the highway or portion of it affected by the by-law or regulation, as the
case may be, is signed in accordance with this Act and the regulations.
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(6) Subsection 128 (13) of the Act is amended by striking out the portion before clause (a)
and substituting the following:
Fire department vehicles and police vehicles
(13) The speed limits prescribed by this section or by a regulation or by-law passed
under this section or set under section 128.0.1 do not apply to,
(7) Subsection 128 (14) of the Act is repealed and the following substituted:
Penalty
(14) Every person who contravenes this section or any by-law or regulation made under
this section is guilty of an offence and on conviction is liable, where the rate of speed at which
the motor vehicle was driven,
(a) is less than 20 kilometres per hour over the speed limit, to a fine of $3 for each
kilometre per hour that the motor vehicle was driven over the speed limit;
(b) is 20 kilometres per hour or more but less than 30 kilometres per hour over the
speed limit, to a fine of$4.50 for each kilometre per hour that the motor vehicle was driven over
the speed limit;
(c) is 30 kilometres per hour or more but less than 50 kilometres per hour over the
speed limit, to a fine of$7 for each kilometre per hour that the motor vehicle was driven over the
speed limit; and
(d) is 50 kilometres per hour or more over the speed limit, to a fine of$9.75 for each
kilometre per hour that the motor vehicle was driven over the speed limit.
(8) Section 128 of the Act is amended by adding the following subsection:
Penalty for speeding in construction zones
(14.1) Every person who contravenes this section in a construction zone designated
under subsection (8) or (8.1) when there is a worker in the construction zone is liable on
conviction, not to the fines set out in subsection (14), but, where the rate of speed at which the
motor vehicle was driven,
(a) is less than 20 kilometres per hour over the posted speed limit, to a fine of double
the fine set out in clause (14) (a) for each kilometre per hour that the motor vehicle was driven
over the speed limit;
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(b) is 20 kilometres per hour or more but less than 30 kilometres per hour over the
posted speed limit, to a fine of double the fine set out in clause (14) (b) for each kilometre per
hour that the motor vehicle was driven over the speed limit;
(c) is 30 kilometres per hour or more but less than 50 kilometres per hour over the
posted speed limit, to a fine of double the fine set out in clause (14) (c) for each kilometre per
hour that the motor vehicle was driven over the speed limit; and
(d) is 50 kilometres per hour or more over the posted speed limit, to a fine of double
the fine set out in clause (14) (d) for each kilometre per hour that the motor vehicle was driven
over the speed limit.
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ATTACHMENT NO.4 to OES 02-08
Page 1 of 1
Wharf St.
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LEGEND
S1
S5
5>6
5'
Permitted Boulevard
3 Hour r,.,1aximunl
Parking Limit
No Stopping Umlt
f; Existing Lightpole
EXisting Tree
OPERi~TIONS &: E\,,1ERGENCY
SERViCES DEFI\RTMENT
PRDPUF'" ['.
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LIVERPOOL ROAD
PROPOSED TRAFFIC CONTROLS