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HomeMy WebLinkAboutCL 05-04 Cw¡,,~ 154 Report Number: CL 05-04 Date: January 19, 2004 REPORT TO EXECUTIVE COMMITTEE From: Bruce Taylor, AMCT, CMM City Clerk Subject: By-law to Restrict the Idling of Vehicles Recommendation: 1. Clerk's Report CL 05-04 regarding a by-law to restrict the idling of vehicles be received. 2. That the draft by-law to prohibit the idling of vehicles beyond five minutes, subject to certain exceptions, be forwarded to Council for enactment. Executive Summary: Attached is a draft by-law to restrict the idling of vehicles to five minutes, with certain exceptions. Financial Implications: Not applicable Background: Please be advised that Council passed the following resolution at its regular meeting of June 3, 2002: That the Council for the City of Pickering ratify the model resolution forwarded by the Federation of Canadian Municipalities, regarding the Kyoto Protocol; and That the Mayor of the City of Pickering be authorized to sign the Toronto Intergovernmental Declaration on Clean Air at the Toronto Third Annual Smog Summit to be held on June 21, 2002; and Report CL 05-04 January 19, 2004 15;) Page 2 Subject: By-law to Restrict the Idling of Vehicles That the City of Pickering investigate ways to reduce air pollution through point sources, municipal operations, as well as through fuel and equipment procurement and through consolidating and rationalizing municipal operations, as opportunities arise. Following the passage of the above resolution, the City of Pickering became a member of the Greater Toronto Area Clean Air Council (GTA-CAC) , an inter-governmental working group dedicated to exploring joint clean air initiatives in the GTA and sharing best practices to reduce air pollution. Through annual membership on this Council, the City was expected to continue to be involved in future Smog Summits and commit, on an ongoing basis, to undertake action to improve air quality. The Economic Development Officer was appointed to represent the City on the GTA - CAC. Council continued to support the GT A - CAC through the passage of the following resolution on June 16, 2003: That Council authorize the Mayor to sign the Toronto Intergovernmental Declaration on Clean Air at the Toronto Fourth Annual Smog Summit to be held on June 20, 2003. On of the commitments that was made by the City of Pickering as a result of the above two resolutions was the enactment of a by-law to prohibit the idling of vehicles for longer than five minutes and a public education and outreach program to promote the need to reduce vehicle idling to improve local air quality. Attached is a draft by-law to prohibit the idling of vehicles longer than five minutes subject to various exceptions. This by-law has been reviewed by the senior staff at the Ajax/Pickering Transit Authority who have indicated their support of it and noted that they have an internal policy that prohibits their staff to idle transit vehicles longer than three minutes if the vehicle is not in operation. This By-law also fulfills the City's commitment to the Clean Air Council. This By-law can be enforced by a Municipal Law Enforcement Officer or an Officer of the Durham Region Police Service. Fines for a contravention of this By-law can be up to $5,000. This By-law will not apply to the following: . emergency vehicles while engaged in operational activities mobile workshops vehicles where idling is required as part of a repair process armoured vehicles vehicles that are caught in traffic jams vehicles engaged in a parade or other such activity transit vehicles while in use vehicles used by persons under a medical certificate . . . . . . . 156 Report CL 05-04 January 19, 2004 Page 3 Subject: By-law to Restrict the Idling of Vehicles Attachments: 1. Draft by-law Prepared By: ¿: F3ruce Taylor City Clerk ~. Attachments Copy: Economic Development Officer Manager, By-law Enforcement Services Recommended for the consideration of Pickering Ciß' C unci! 1 ;.\rTACH;-'¡Eo ;¡.-l. fC REPORT #..s.~-- os-- 0 Y THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to restrict the idling of vehicles. WHEREAS pursuant to Section 130 the Municipal Act, 2001, S.O. 2001, c.25, as amended, a municipality may regulate matters not specifically provided for by this Act or any other Act for purposes related to the health, safety and well-being of the inhabitants of the municipality; and WHEREAS vehicles are sources of nitrogen oxides, carbon monoxide, sulphur dioxides and volatile organic compounds in the outdoor air of the City of Pickering; and WHEREAS the levels of air pollutants in the City of Pickering are associated with adverse health effects, including deleterious effects on respiratory health; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: 1. In this by-law, a) "idle" means the operation of the engine of a vehicle while the vehicle is not in motion and not being used to operate auxiliary equipment that is essential to the basic function of the vehicle and "idling" has a corresponding meaning. b) "layover" means stopping at a point along a transit route for a maximum of fifteen (15) minutes to allow a transit vehicle to adjust to service schedules. c) "mobile workshop" means i) a vehicle containing equipment that must be operated inside or in association with the vehicle; or ii) a vehicle serving as a facility for taking measurements or making observations or conducting maintenance or construction operated by or on behalf of a municipality, public utility or police, fire or emergency service. d) "stopover" means a scheduled delay of a maximum of fifteen (15) minutes at a transit vehicle terminal to allow transit vehicles to adjust service schedules. e) "transit vehicle" means Ajax/Pickering Transit Authority vehicles, paratransit vehicles, tour buses and motor coaches. f) "vehicle" means a motor vehicle, trailer, tràction engine, farm tractor, or road building machine as defined in the Highway Traffic Act, and any vehicle drawn, propelled or driven by any kind of non-muscular power but does not include cars or electric or diesel electric railways running exclusively upon rails. 2. No person shall cause or permit a vehicle to idle for more than five (5) consecutive minutes. ,¡ Ii 157 I' I' ,I I' II I I I I I I II !! 'I " 158 I II !I I¡ :¡ Ii :1 :! Ii II !I II il 1/ if 'I I 3. 4. 5. j:,TTACHMENl #L TO REPORT#.. C'L tJ~-- 0 '..,t Section 2 does not apply to: a) police, fire, or ambulance vehicles while engaged in operational activities, including training activities except where idling is substantially for the convenience of the operator of the vehicle; b) vehicles assisting in an emergency activity; c) mobile workshops while they are in the course of being used for their basic function; d) vehicles where the idling is required as part of a repair process or to prepare a vehicle for servicing; e) armoured vehicles where a person remains inside the vehicle while guarding the contents of the vehicle or while the vehicle is being loaded or unloaded; f) vehicles that remain motionless because of an emergency, traffic or weather conditions or mechanical difficulties over which the driver has no control; g) h) vehicles engaged in a parade or race or any other such authorized event; transit and passenger vehicles while passengers are embarking or disembarking en route or at terminals; i) transit vehicles while at a layover or stopover location, except where idling is required to maintain a comfortable environment for passengers; j) vehicles transporting a person where a medical doctor certifies in writing that for medical reasons, the person requires the temperature or humidity be maintained within a certain range; This by-law shall be administered an enforced by a Municipal Law Enforcement Officer of the City of Pickering or an Officer of the Durham Region Police Service. Any person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offences Act. BY-LAW read a first, second and third time and finally passed this 16th day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk !I I, ¡I II I, I I I I J 'i I!