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ICKERING Report Number: CAO 11-12
Date: May 14, 2012
From: Paul Bigioni
City Solicitor
Subject: Licensing Private Property Parking Enforcement Officers
- File: L-2220-003-11
Recommendation:
1. That Report CAO 11-12 respecting the licensing of private property parking
enforcement sites, contractors and officers be received;
2. That the attached draft by-law amending Traffic and Parking By-law 6604/05 to
provide regulations for the licensing and appointment of officers to enforce the
Traffic and Parking By-law on private property be adopted; and;
3. That the City Clerk be authorized to: (i) appoint licensed private property parking
enforcement officers for private property parking enforcement, (ii) implement
conditions for licensing and associated fees and (iii) implement private property
parking enforcement policies and procedures.
Executive Summary: The City of Pickering currently administers private property
parking enforcement through the individual appointment of officers to specific
properties. Each of these appointments requires a by-law to authorize the appointment
to enforce parking regulations on private property. There are presently 82 different sites
and 202 officers appointed for private property parking enforcement in Pickering.
Property owners frequently arrange parking enforcement on private property with
outside contractors and the security companies hire staff to monitor the property. The
security contractors experience significant turnover in staff and the City receives
ongoing requests for appointments or changes to site locations which requires a by-law
to Council to authorize each appointment.
As the tickets issued are City of Pickering tickets, any problems experienced in the
course of enforcement reflect on the City's reputation. Licensing private property
parking enforcement contractors will streamline the process for private parking
enforcement. officer appointments, ensure that tickets are issued in accordance with City
policies, improve ticket accuracy, and improve the level of service to the public.
Report CAO 11-12 May 14, 2012
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Subject: Licensing Private Property Parking Enforcement Officers Page 2
Financial Implications: Revenue of approximately $15,000.00 for the first year, then
$10,000.00 annually, offset by costs of identification cards of $375.00, initial set up of
Amanda software to register licences and staff time to inspect signage and provide
officer training.
Discussion: The City of Pickering provides parking enforcement for fire routes
and handicapped spaces on private property. All other private parking enforcement
related to visitor parking regulations, resident parking policies, unauthorized vehicles
utilizing the property, etc., are left to the property owner to arrange enforcement. In the
majority of cases, this service is contracted out to a private security company. The
security company submits a request to the City to have their officers appointed by
Council. An individual by-law is prepared for each request and each month a by-law is
prepared for Council's consideration.
While the private security officers issue City of Pickering tickets, they currently receive
only an information booklet regarding City parking policies. When tickets issued on
private property are disputed and go to trial, the private security officers frequently fail to
attend, and the prosecution fails. Licensing private property parking enforcement
officers will allow for one general by-law to be passed which authorizes the appointment
of private property parking enforcement officers. The City will have the opportunity to
monitor, train, inspect and provide policies and procedures on a consistent basis. This
will also eliminate the ongoing creation of individual by-laws for each staff change at a
private security company.
Registering private property sites will also ensure that municipal staff inspect the
property prior to enforcement to ensure that adequate signage is posted reflecting the
policies the property owner wishes enforced. Security companies will pay a registration
fee to the City which will permit any officer employed by them and licensed by the City
to issue City of Pickering parking tickets on any of the sites they are contracted to
service. On properties where parking enforcement is provided by condominium
corporation volunteers, licensing will be required, but will be offered at no charge.
All private security officers employed by companies contracted to provide parking
enforcement services in Pickering will be required to be licensed by the City. They will
attend a brief training session outlining the Traffic and Parking By-law provisions, officer
responsibilities, and City of Pickering policies regarding parking enforcement. Once
training is completed, licensed officers will be issued photo identification confirming their
appointment by the City of Pickering to issue parking tickets on private property.
Policies and procedures will also be implemented to enable licenses to be revoked for
unprofessional behaviour or failure to appear in Court.
CORP0227-07/01 revised
Report CAO 11-12 May 14, 2012
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Subject: Licensing Private Property Parking Enforcement Officers Page 3
There are three components to the licensing of private property parking enforcement.
The first requirement is for the property owner or manager to register the site with the
City of Pickering. The second step is the registration of the agreement between the
private security contractor and the property owner or manager to verify the service
provider for the site. Finally, the individual private security officers will be licensed.
Site Registration
The property owner or manager must complete an application form and submit it to the
City outlining the policies and regulations it is seeking to have enforced. (i.e., visitor
parking, customer parking area, resident parking restrictions, etc.) City staff will conduct
a site inspection to determine if appropriate signage is in place, reflecting the proposed
enforcement. An annual application fee of $75.00 initially, and $50.00 for renewals will
be charged.
Private Security Contractor Registration
Private Security Contractors will be required to file a copy of their agreement with a
property owner, confirming that they have been contracted to provide parking
enforcement services for the site. In addition, a list of staff employed by the company
must be submitted to confirm that their officers are licensed by the City to issue parking
tickets on private property. An annual fee of $50.00 per site will be charged.
Private Property Parking Enforcement Officer Licensing
Individual officers will be required to attend a brief training session (2 hours) outlining
the Traffic and Parking By-law provisions, their responsibilities, and City of Pickering
policies regarding parking enforcement. Upon completion of the training course, officers
will be issued a license in the form of photo identification confirming their appointment
by the City to issue parking tickets on the private lands for which their company has a
security contract. The fee for officers being trained and licensed for the first time is
$50.00. An annual renewal fee of $25.00 will be charged once initial training is
complete. An up to date photo identification card will be issued each year.
In situations where private property parking enforcement is provided by the property
owner individually, condominium corporation volunteers, or another designate who is
not being paid to provide the service, no fees will be charged, however, the same
review of the enforcement proposed, signage in place, and officer training will be
required.
The implementation of a registration and licensing program will ensure that the City has
a better overview of who is providing services to a property, the type of enforcement
being provided, and the ability to address any issues which may arise.
Provincial legislation has been enacted to regulate private security services. Our
municipal licensing initiative simply extends this process and ensures that the City is
CORP0227-07101 revised
i
Report CAO 11-12 May 14, 2012
77
Subject: Licensing Private Property Parking Enforcement Officers Page 4
being proactive in monitoring the various contractors providing private property parking
enforcement.
Many other municipalities have already implemented similar systems, including
Oshawa, Toronto and Mississauga. Since many of the private security contractors
operating in Pickering, currently provide services in these other municipalities, a
licensing process will not be unfamiliar to. them and will actually increase the
professionalism of their service within the City.
Licensing private property parking enforcement sites, contractors and officers will
ensure that the City has a better level of control over the enforcement provided. The
information gathered during the licensing process, as well as the training provided, will
improve the professionalism of parking enforcement on private property.
Attachments:
1. Amending By-law to regulate private property parking enforcement
Prepared By: Approved / Endorsed By:
Kimberl ompson, MM III, CPSO Debbie Shields,
Manager, By-law Enforcement Services City Clerk
Paul Bigioni,
City Solicitor.
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering Ci Council
P'mz Z, 2olz
Tony'Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised
The Corporation of the City of Pickering 78
By-Law No. XX/12
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 Subsection 15 (1) of the Police Services Act, R.S.O. 1990, c. P.15,
authorizes a municipality to appoint persons to enforce the by-laws of the municipality;
and,
And Whereas the City of Pickering deems it necessary to provide for the licensing and
appointment of officers to enforce municipal parking by-laws on private property,
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 by adding the following sections:
Private Property Parking Enforcement
36.4 (1) In this section,
(a) 'owner means the person identified in the most recent tax roll
as the owner of any private property;
(b) "person" includes a corporation and the heirs, executors,
administrators or other legal representatives of a person to
whom the context can apply according to law;
(c) "private property parking enforcement officer" means a person
who has met the requirements outlined by the City Clerk and
been issued a license as a private property parking enforcement
officer;'
(d) "private property" means buildings, lands and premises within
the City of Pickering that are not owned or occupied by the City,
the Provincial Crown or the Federal Crown;
(e) "private property parking enforcement" means the issuance of a
parking infraction notice to a vehicle(s) parked or stopped on
private property in contravention of the parking regulations
posted on the property; and,
CORP0223-07/01
By-Law No. XX/12 Page 2
79
(f) "private property security contractor" means a company hired by
the property owner or property management to provide private
property parking enforcement.
(2) The City Clerk shall implement policies and procedures establishing
the requirements for the licensing of private property parking
enforcement officers to enforce municipal parking by-laws on
private property. The policies and procedures shall include
application and training requirements, site registration requirements
and fees, and shall include any and all requirements for becoming
licensed, for remaining licensed, and for having a license revoked.
(3) In addition to Section 42 of this by-law, any person who has been
licensed pursuant to the policies and procedures established by the
City Clerk, and who complies with the requirements to maintain the
license, is appointed as a private property parking enforcement
officer for the purposes of enforcing the City's Traffic & Parking By-
law 6604/05, as amended, and any subsequent by-law, on private
property.
(4) No owner shall cause or permit private property parking
enforcement to take place on their property unless provided by a
private property parking enforcement officer.
(5) No owner shall cause or permit the issuance of any document in
relation to a vehicle parked, stopped or standing on their property
other than:
(a) A certificate of parking infraction and parking infraction notice
issued under Part II of the Provincial Offences Act;
(b) A Tow Notice in a form authorized by the City;
(c) Other documents, if any, approved by the City.
(6) No owner shall cause or permit private property parking
enforcement without registering the property with the City.
(7) No private property security contractor shall cause or permit the
issuance of any document in relation to a vehicle parked, stopped
or standing on private property other than:
(a) A certificate of parking infraction and parking infraction notice
issued under Part II of the Provincial Offences Act;
(b) A Tow Notice in a form authorized by the City;
By-Law No. XX/12 Page 3
80
(c) Other documents, if any, approved by the City.
(8) No private property security contractor shall provide parking
enforcement on private property without registering the site with the
City Clerk.
(9) No private property security contractor shall request or require
payment of an administrative or any other fee by the owner or driver
of a vehicle parked, stopped, or standing on private property.
(10) Every private property security contractor must provide an
indemnity agreement, maintain liability insurance and file a current
certificate in a form and amount satisfactory to the City.
(11) Private property security contractors may only employ licensed
private property parking enforcement officers for the purposes of
parking enforcement on private property in the City.
(12) Signs must be posted on the property indicating policies to be
enforced and must be reviewed and approved by the City prior to
enforcement.
(13) A Private Property Parking Enforcement Officer must carry, and
provide upon request, licensing identification issued by the City.
(14) No private property parking enforcement officer shall prepare or
issue any document in relation to a vehicle parked, stopped or
standing on private property other than:
a) A certificate of parking infraction and parking infraction notice
issued under Part II of the Provincial Offences Act;
b) A Tow Notice in a form authorized by the City;
c) Other documents, if any, approved by the City.
(15) No person shall request or require payment of an administrative or
any other fee -by the owner or driver of a vehicle parked, stopped or
standing on private property.
(16) The towing of vehicles from private property in relation to parking
contraventions may only be undertaken by a towing company under
contract to Durham Regional Police, or the City of Pickering,
utilizing the Durham Regional Police impound facility.
By-Law No. XX/12 Page 4
(17) No private property parking enforcement officer shall cause the
removal, towing or impounding of a vehicle from private property
unless:
(i) The vehicle is parked, stopped, standing or left, as the case
may be, in contravention of a municipal by-law.
(ii) The property that the vehicle is parked or left on has been
inspected and approved by the City confirming that:
a) The boundaries of the property are clearly defined;
b) Signage posted has been approved by the City and
indicates the policies in effect and enforced.
(iii) A parking infraction notice is issued and served at the time of
the alleged parking infraction in accordance with Part II of the
Provincial Offences Act.
(iv) A Tow Notice in a form authorized by the City has been
issued with a minimum of 24 hours for removal of the vehicle,
with the exception of vehicles located in signed fire routes,
designated disabled parking spaces, or if the vehicle is
blocking access to a driveway or assigned parking space.
(18) The provisions of this by-law do not apply to any person demanding
or obtaining parking fees from customers for the consensual
purchase of a permit for parking on private property, where the
parking rates are posted in clear view of all drivers upon entering
the private property, and the property is in compliance with all other
municipal by-laws.
By-law read a first, second and third time and finally passed this 22nd day of May, 2012..
David Ryan, Mayor
Debbie Shields, City Clerk