HomeMy WebLinkAboutCL 28-02
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REPORT TO COUNCIL
FROM:
Bruce Taylor, AMCT, CMM
City Clerk
DATE: July 9, 2002
REPORT NUMBER: CL 28-02
SUBJECT:
Amendment to Parking By-law
- Fines for Contravening Sections Respecting Parking for the Disabled
RECOMMENDATION:
1.
That Clerk's Report CL 28-02 regarding an amendment to the Municipal Act respecting
fines for contravening the parking provisions for disabled persons of parking by-laws be
received.
2.
That the draft by-law to amend the parking provisions for disabled persons of the Parking
By-law to increase fines ITom $110.00 to $300.00 and to allow for the owner of the
vehicle to be charged with an offence even though the owner was not the driver at the
time of the offence be enacted.
ORIGIN:
Amendments made to Municipal Act to compliment the enactment of the Ontarians With
Disabilities Act
AUTHORITY:
Section 322.1(1) of the Municipal Act
FINANCIAL IMPLICATIONS:
Not applicable
EXECUTIVE SUMMARY:
The purpose of this Report is to advise Council of an amendment made to the Municipal Act,
which requires the municipality to increase the fines for contravening the parking provisions for
disabled persons of the Parking By-law ITom $110.00 to $300.00. The Municipal Act now also
permits the fine for contravening those sections ofthe Parking By-law with respect to the number
and placement of parking spaces for the disabled to increase ITom $2,000.00 to $5,000.00.
Subject: Handicapped Parking
Date: July 4, 2002 2 31
Page 2
Report to Council CL 28-02
BACKGROUND:
Please be advised that the Provincial Legislature enacted the Ontarians With Disabilities Act in
2001 that provides for amendments to other statutes that involve persons with disabilities. One
amendment was made to the Municipal Act to require a minimum fine of $300.00 for parking
illegally in a parking area for the disabled. The amendment also provides that the owner of the
vehicle may be guilty of an offence even if the owner was not the driver of the vehicle at the time
of the contravention of the by-law.
The current and new Municipal Act also allow municipalities to increase the fines for
contravening those sections of the Parking By-Law that regulate the number of parking spaces for
disabled persons on commercial, industrial, institutional and multi-residential properties and the
placement of those spaces, i.e. painting the spaces blue, installing signs, etc. The current fine is
$2,000.00 for a contravention of those sections of the Parking By-law and I am recommending
that this be increased to $5,000.00
Attached hereto is a draft by-law amend the parking provisions for disabled persons of the
Parking By-law to implement the increased fine ITom $110.00 to $300.00 and to allow for the
owner of the vehicle to be charged with an offence even though the owner was not the driver at
the time of the offence. The draft by-law also increases the fines for contravening those sections
of the Parking By-law that regulate the number and placement of parking spaces for the disabled
ITom $2,000.00 to $5,000.00.
ATTACHMENTS:
1.
Draft By-law
Ã~Y:~.
Bruce Taylor, City Clerk
Attachments
Recommended for the consideration of Pickering
City Council
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232
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a by-law to amend By-law Law Number
. 2359/87 (Parking) to increase the fine for persons
contravening the parking provisions for disabled
persons.
WHEREAS the Council of the Corporation of the City of Pickering enacted By-law Number
2359/87 on January 19, 1987 to regulate parking on private and public property in the City of
Pickering; and
WHEREAS Sections 12(2) and 12(3) regulates the number and placement of parking spaces for
the disabled at commercial, industrial, institutional and multi-unit residential properties; and
WHEREAS a fine of $2,000.00 has been established for persons found guilty of contravening
Sections 12(2) or 12(3) of By-law Number 2359/87; and
WHEREAS Section 12(4) of By-law Number 2359/87 prohibits the parking of a vehicle in a
designated parking space for disabled persons unIe~s an appropriate permits is displayed and the
vehicle is being operated by or is conveying a disabled person; and
WHEREAS the Municipal Act, RS.O. c. MA5, as amended, allows fines up to $5,000.00 for the
contravention of such regulations; and
WHEREAS a set fine of $110.00 has been established for persons found guilty of contravening
Section 12(4) of By-law Number 2359/87; and
WHEREAS the Ontarians with Disabilities Act, 2001 amends the Municipal Act to require fines
of not less than $300.00 for persons who contravene the parking provisions for disabled persons
of municipal by-laws;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1.
Section l1(I)(a) of By-law Number 2359/87 is hereby amended by deleting the definition
of "permit" and substituting therefore the following:
"permit" shall mean a permit issued to a disabled person pursuant to Section 2(1)(a) of
Ontario Regulation 581, RRO. 1990, as amended by Ontario Regulation 908/93.
2.
Section 11(1)(b) and Sections 11(2) to 11(8), inclusive, are hereby repealed.
3.
Section 11(9) shall be renumbered as Section 11(2).
4.
Sections 14(1) and 14(2) are hereby deleted and the following is substituted therefore:
14
(1)
Every person who contravenes the provisions of this by-law other than
subsections (2) and (4) of section 12, is guilty of an offence an on
conviction is liable to a fine of not more than $150.00, exclusive of costs,
recoverable under the provisions of the Provincial Offences Act.
"TTACHME!'P #1 TO REPORT# é¿ 2 <i - cF""L
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2
23a
(2)
(i)
Every person who contravenes subsections (2) or (3) of section 12
of this by-law is guilty of an offence and upon conviction, is liable
to a fine of not more than $5,000.00, exclusive of costs,
recoverable under the provisions of the Provincial Offences Act.
(ii)
Every person who contravenes subsection (4) of section 12 of this
by-law is guilty of an offence and upon conviction, is liable to a
fine of not more than $300.00, exclusive of costs, recoverable
under the provisions of the Provincial Offences Act.
(A)
Subject to subsection 14(2)(ii) above, the owner of a
vehicle that has been left parked, standing or stopped in
contravention of subsection (4) of section 12 of this by-law
is guilty of an offence, even if the owner was not the driver
of the vehicle at the time of contravention of the by-law,
unless, at that time, the vehicle was in the possession of a
person other than the owner without the owner's consent.
BY-LAW read a first, second and third time and finally passed this 29th day of July, 2002.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk