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HomeMy WebLinkAboutOES 02-08 Calf o~ REPORT TO EXECUTIVE COMMITTEE -) (! .': (, 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 :! u 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 ~~) 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 7 .j " I ,,) , 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 ! tit -Su,bject: oj / 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 "?? 0.., ,_. ,j ... (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, ~ i I Report OES 02-08 May 12, 2008 Subject: :~ J1 -......) ,-!" 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 ,,) :~> 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 "// " ,. , , \h ....... .... 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) / l;~~~ 02-0~ / ::L- 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. OES (J;;.-<;~ ) 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 MENl :L _..1 OE~ -D2.0'i /0 ! t\ , .~ ~.~ 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; r/~ E f\,; "1 t 2. REPORT# (jt2S, ()2-{)~ ~ ,.LfJ.__._ Page 2 By-law No. ~,"! , .., '... \,4 ....) , 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. i'.', " ).. !(lREPORT#~ 02..-0~ .".3,LQ,- Page 3 By-law No. , , ,I :\ t \.' 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. :A , .__;5', ..lJ.I;S 0 2.. () ~ /0 Page 5 'i ') Lt "'- 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. ..J.- __..~J€. REPORT#~ -62.-ui ..._.LQ Page 6 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 I):) By-law No. ~ ",.,.7 ../(2, # ...Q1;-:S 02--0 8"' Page 7 l~ (~ 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. :2 _w.~u oeS 02. ~&' ID Page 8 L1. 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 ~ q ()E s 62.-0'6 16 By-law No. " , ".! C' Page 9 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 By-law No. 1- / (J 10 02~ ()2..-U ~ Page 10 /, r.t 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 (} (': ) OE & -()2-G ~ II t.j 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. ~ 2..- ocS -02:-0<1, ~ A n q -, (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. 3 3 OES .()2:--0 <i L-j 'JU (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; 3 '--I OES 02.-0 i t.f (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. I' ~) .( ATTACHMENT NO.4 to OES 02-08 Page 1 of 1 Wharf St. D r::l Do 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'" ['. 0"/1",1')" LIVERPOOL ROAD PROPOSED TRAFFIC CONTROLS