HomeMy WebLinkAboutCS 23-09
C-4 °o REPORT TO
' EXECUTIVE COMMITTEE
Report Number: CS 23-09
Date: July 6, 2009 264
From: Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject: Tow Truck "Anti-Chasing" Amendment to Traffic & Parking By-law 6604/05
- File: L-2000-001-09
Recommendation:
1. That Report CS 23-09 of the Director, Corporate Services & Treasurer be
received;
2. That the draft Tow Truck Anti-Chasing, By-law, included as Attachment 1,
providing restrictions regarding tow trucks within the City of Pickering, be
enacted; and
3. That the appropriate staff of the City of Pickering be given the authority to give
effect thereto.
Executive Summary: At the request of the Durham Regional Police Service, City
staff have prepared a draft by-law which will implement regulations restricting tow trucks
from soliciting business at accident scenes and from creating safety issues "chasing"
calls.
Financial Implications: No financial, implications
Sustainability Implications: Not applicable
Background:
Many municipalities have enacted "anti-chasing" regulations prohibiting tow trucks from
soliciting business by attending accident scenes. Numerous issues arise from this
practice, including impeding access by emergency vehicles, compromising evidence
from accident/crime scenes, and creating safety issues while rushing to the scene to be
first to solicit business.
Report CS 23-09 July 6, 2009
Subject: Tow Truck "Anti-Chasing" By-law Page 2
The municipal by-laws mirror similar legislation in the Highway Traffic Act which
regulates this practice on Provincial highways. The draft by-law has been reviewed by
the City Solicitor.
The City of Pickering's by-law will be another tool; available to the Durham Regional
Police Service in. restricting access at accident scenes. Set fines will be created
enabling the issuance of Part I Offence Notices to tow truck operators in contravention
of the by-law.
Attachments:
1. Draft By-law amending Traffic & Parking Bylaw to regulate Tow Trucks
Prepared By: Approved/Endorsed By:
0
K' rly Thompson, CMM I Debi A. Wilcox, CMO, CMM III
Manager, By-law Enforcement Services City, Clerk
illi$ A. Paterson,
Direictor, Corporate Services & Treasurer
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City it
'r 4e i
Th as J. Quinn, , CM
Chief Administrative Officer
CORP0227-07/01 revised
ATTACHMENT No. XXTO REPORT Cs XX-09 266
1 of 2
THE CORPORATION OF THE CITY OF PICKERING -OT
BY-LAW NO. /09 _
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 deems it to be in the public interest, having regard to both public
health and safety and consumer protection, to protect persons involved in motor vehicle
accidents on highways and to ensure that highways are kept free of obstructions and
impediments at accident scenes for emergency vehicles and emergency personnel.
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:
TOW TRUCKS
36.3 (1) In this section,
(a) "firefighter" means a firefighter as defined in subsection 1(1)
of the Fire Protection and Prevention Act, 1997, S.O. 1997 c.
4; and
(b) "tow truck" means a motor vehicle that is designed, modified
or used for pulling, towing, carrying or lifting of other motor
vehicles with or without the assistance or use of lifts,
winches, dollies, trailer$ or any like equipment.
(2) No person shall solicit, make or convey an offer of services of a tow
truck while that person is within 200 metres of,
(a) the scene of an accident or apparent accident; or
(b) a vehicle involved in an accident,
on any highway.
(3) No person shall park, stop or stand a tow truck on any highway
within 200 metres of,
(a) the scene of an accident or apparent accident; or
ATTACHMENT No. XX TO REPORT CS XX-09
267 2of2
(b) a vehicle involved in an accident.
(4) Subsections (2) and (3) do not apply to a person who is at the
scene of an accident at the request or direction of a police officer, a
firefighter, a municipal by-law enforcement officer or a person
involved in the accident.
(5) Any person operating a tow, truck or other motor vehicle parked,
stopped or standing within 200 metres of the scene of an accident
or apparent accident or a vehicle involved in an accident shall,
immediately on the direction Of any police officer or firefighter, move
their tow truck or motor vehicle to a location more than 200 metres
from the scene of an accident or apparent accident or to any other
location as directed by a police officer or firefighter.
42.1 No person shall prevent, hinder or interfere with or attempt to prevent,
hinder or interfere with the enforcement of any provision of this by-law by a
police officer, municipal by-law enforcement officer or fire fighter.
2. Clause 44(e) of By-law 6604/05 is deleted.
3. 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 day of June, 2009.
David Ryan, Mayor
Debi A. Wilcox, City Clerk