HomeMy WebLinkAboutBy-law 7213/12 The Corporation of the City of Pickering
By-Law No. 7213/12
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;
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,
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. 7213/12 Page 2
(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. 7213/12 Page 3
(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. 7213/12 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 Ryanic
Debbie Shields, City Clerk