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HomeMy WebLinkAboutCS 02-08 CiUI 0# REPORT TO EXECUTIVE COMMITTEE n " lii Report Number: CS 02-08 Date: February 11, 2008 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Updated Boulevard and Clean & Clear By-laws and Amendment to Traffic & Parking By-law File: A-2130-002-07 Recommendation: 1. That Report CS 02-08 of the Director, Corporate Services & Treasurer be received; 2. That the draft by-laws included as Attachments 1, 2 & 3 providing regulations for boulevard maintenance, requirements to clean & clear properties, and an amendment to the Traffic & Parking By-law regulating obstructions such as basketball nets and shopping carts left on City roads and boulevards, be adopted; and 3. That the appropriate staff of the City of Pickering be given the authority to give effect thereto. Executive Summary: As part of the review of all municipal regulatory by-laws, Municipal Law Enforcement Services has prepared revised by-laws regulating boulevard maintenance, requirements to clean & clear properties, and obstructions such as basketball nets and shopping carts left on City roads and boulevards. These draft by-laws deal with issues which were previously not addressed in existing by-laws, such as requirements for adjacent property owners to maintain boulevard grass, fixture owners to remove graffiti from boulevard fixtures, regulations for donation boxes and the ability to recover costs for the removal of obstructions left on City boulevards and roads such as shopping carts and basketball nets. They also update all provisions to reflect current legislation and enforcement processes. An extensive consultation process was undertaken with Municipal Property & Engineering and Planning & Development staff, as well as the City Solicitor to ensure a comprehensive review of all issues was completed. The draft by-laws attached have addressed the requirements of all Divisions. Report CS 02-08 February 11, 2008 Subject: Updated Boulevard and Clean & Clear By-laws and Amendment to Traffic & Parking By-law Page 2 r; r L Financial Implications: The Boulevard Maintenance By-law provides for the recovery of costs incurred by the City in situations where work has been completed by the City which should have been done by the adjacent property owner or fixture owner. The amendment to the Traffic & Parking By-law will allow for the recovery of costs incurred by the City for the removal of shopping carts and basketball or hockey nets from municipal roads or boulevards. A fee will be charged to the owner for return of the items left on the City's property. Sustainability Implications: The Boulevard Maintenance By-law provides clear prohibitions regarding the removal of City trees from the boulevard and the alteration of the boulevard to increase parking surfaces. It also provides requirements for fixture owners (such as Bell, Veridian, and Rogers) to maintain their equipment free from damage, including graffiti. These provisions are in keeping with the principles of sustainability by supporting a healthy community and protecting the environment. Background: As part of the ongoing review of all regulatory by-laws, and to address issues which currently cannot be resolved utilizing existing by-laws, the draft by-laws attached incorporate legislative changes and correct deficiencies which were previously not dealt with. The repeal of existing Boulevard By-law 4272/72, and the existing Clean & Clear By-law 6169/03 will be required. Key highlights of each by-law are as follows: Boulevard Maintenance: · Clear guidelines as to permitted landscaping · Clear prohibitions regarding tree removal, fencing, and alterations to create additional parking areas · Requirements for adjacent property owners to cut grass and remove garbage and debris · Prohibition of obstructions such as basketball nets, left unattended · Requirements of fixture owners such as Bell, Veridian & Rogers to maintain their equipment free from damage, including graffiti · Enforcement processes to issue orders to remedy contraventions or charge for work completed by the City Traffic & Parking By-law Amendment: · Prohibits obstructions such as basketball nets on City streets · Provides the ability to recover costs for removal should the owner fail to remove upon request · Provides for cost recovery for the return of shopping carts left on City streets CORP0227-07/01 revised Report CS 02-08 February 11, 2008 Subject: 2c Updated Boulevard and Clean & Clear By-laws and Amendment to Traffic & Parking By-law Page 3 Clean & Clear By-law: · Updates previous by-law and adds restrictions for donation boxes, limiting to properties with commercial zoning and prohibiting any items to be left in the area surrounding the donation box. · Provides the ability to issue a notice to property owner for any contraventions, and if not resolved by compliance date have cleared up by City's contractor with costs billed to property owner Attachments: 1. Boulevard Maintenance By-law 2. Clean & Clear By-law 3. Amendment to Traffic & Parking By-law Prepared By: Approved I Endorsed By: ~ bh'.~ . ~~1 Debi Wilcox City Clerk /'~'7 --""~ '-- -=::;:' ~~~ :~ '<~-~~ Gillis A. Paterson Director, Corporate Services & Treasurer Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City.Council ~/ / ,/ ~ ,,, CORP0227-07/01 revised A1TACHlVIENT-,;_~TO REPORT# C S (}9-c'8 THE CORPORATION OF THE CITY OF PICKERING 27 BY-LAW NO. _108 A by-law to regulate the maintenance and use of boulevards L ,{j WHEREAS paragraph 1 of subsection 11 (3) of the Municipal Act, 2001 provides that a municipality may pass by-laws respecting highways under its jurisdiction; and WHEREAS the City of Pickering deems it necessary to regulate the maintenance and use of the boulevard portion of highways under its jurisdiction. NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: PART I - INTERPRETATION Definitions 1. In this by-law, (a) "boulevard" means all parts of a highway including the sidewalk, but excluding the roadway and shoulder; (b) "City" means the geographical area of the City of Pickering or the Corporation of the City of Pickering, as the context requires; (c) "Director" means the City's Director, Operations & Emergency Services or a designate; (d) "erect" includes display, attach, affix, post, alter, construct, place, locate, install, relocate and maintain; (e) "occupier" means a lessee, tenant, mortgagee in possession or any other person'who appears to have care and control of any property; (f) "owner" the person identified in the most recent tax roll as the owner of any property; (g) "highway" has the same meaning as in subsection 1 (1) of the Highway Traffic Act and includes unopened and unassumed road allowances; (h) "officer" means a municipal law enforcement officer appointed by the City to enforce the City's by-laws; CORP0223-07/01 ..,.~.,..~'"'~~-_. Boulevard By-Law No. XXXX/08 Page 2 2H (i) "order" means an order issued by an officer under subsection 28(1); U) "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; (k) "plantings" means vegetation of any kind including hedges, shrubs and flowers, but does not include trees; (I) "property" means any land, including the buildings and structures on the land; (m) "refuse or debris" includes garbage or rubbish of any kind and, without limiting the generality of the foregoing, includes a vehicle that appears by reason of its appearance, mechanical condition or lack of current licence plates to be inoperative, inoperative mechanical equipment, automotive and mechanical parts, appliances, furnaces, heater or fuel tanks, disused furniture, table waste, paper, cartons, crockery, glassware, cans, garden refuse, earth or rock fill, old or decayed lumber, material from construction or demolition projects, and old clothing; and (n) "utility" includes underground pipes, wires and conduits utility poles, light standards and overhead wires, water shut off valves and hydrants, road pavements, curbs and drainage ditches. References to Legislation 2. In this by-law, reference to any Act, regulation or by-law is reference to that Act, regulation or by-law as it is amended or re-enacted from time to time. Word Usage 3. This by-law shall be read with all changes in gender or number as the context may require. 4. A grammatical variation of a word or expression defined has a corresponding meaning. Construction 5. Schedule "A" (TREES) and Schedules "81" and "B2" (FEES) are attached to and form part of this by-law. 6. Unless otherwise specified, references in this by-law to Parts, sections and schedules are to Parts, sections and schedules in this by-law. Boulevard By-Law No. XXXX/08 Page 3 Severability ') Q L 7. Each section of this by-law is an independent section, and the holding of any section or part of any section of this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other section or parts of sections of this by-law. Application 8. This by-law shall apply to all highways under the jurisdiction of the City. PART 11- BOULEVARD MAINTENANCE Permitted Activity 9. Except as set out in this by-law, an owner or occupier may sod or landscape the boulevard abutting their property. Standards 10. No owner or occupier shall maintain the boulevard abutting their property other than in accordance with the following standards: (1) No plantings shall be permitted, (a) within 0.6 metres of a sidewalk; (b) within 1.8 metres of the curb where no sidewalk exists; or (c) within 1.5 metres of the top of the bank of a roadside ditch. (2) No plantings shall exceed 1.0 metres above the grade of the boulevard. (3) No plantings shall be permitted in a location that may, in the opinion of the Director, impede or block access to any sidewalk or utility or interfere with snow removal. (4) No plantings shall be permitted in a location that may, in the opinion of the Director, create a traffic safety issue. (5) Nothing that is protruding, sharp or dangerous in any way or which may injure any person shall be permitted. (6) No grasses or weeds shall exceed a height of 15 centimetres. (7) No rocks, bricks, concrete slabs or other large objects shall be permitted. Boulevard By-Law No. XXXX/OB Page 4 3(' , l: (B) Subject to section 32, no light fixtures, pillars, signage or similar objects shall be permitted. General Prohibitions 11. (1) (2) 12. (1) In this section, "fence" includes posts, walls and any similar structure. No person shall erect a fence within a boulevard. In this section, "hard surface" means asphalt, concrete, interlocking brick or block, crushed or solid stone, gravel, slag, ground asphalt, wood or any other non-porous material. (2) No person shall alter a boulevard by adding or maintaining any hard surface material without prior approval from the City. 13. No person shall throw, place or deposit any refuse or debris on any boulevard. 14. No owner or occupier shall permit any refuse or debris to be deposited on the boulevard abutting his property. 15. Every owner and occupier shall remove all refuse or debris from the boulevard abutting his property. 16. No owner or occupier shall place or deposit or permit to be place or deposited any fill in a road ditch or drainage course located within a boulevard abutting his property. 17. (1) In this section, "obstruction" means any basketball net, hockey net, skateboard ramp or any other object that interferes with the safe movement of pedestrians or vehicles. (2) No person shall leave unattended any obstruction on any boulevard. (3) 1B. (1) No person shall permanently erect any obstruction within a boulevard. In this section, (a) "fixture" means any structure that the City permits to be located within a boulevard including a utility box, newspaper vending box, bench, transit shelter, telephone box, telephone booth, transformer box or vault, telephone pole, hydro pole, streetlight, stoplight pole, recycling waste module, mailbox, and street sign; and (b) "damage" includes defacing, tagging and placing graffiti. Boulevard By-Law No. XXXX/08 Page 5 7, '1 oJ (2) No person shall remove, cut down, damage or destroy any fixture, grass, plantings, sidewalk or other improvements on any boulevard other than in accordance with Part III or Part IV. (3) Every fixture owner shall maintain its fixtures in a condition that is free of damage. Utilities 19. The owner or occupier of property abutting a boulevard shall remove any plantings located within the boulevard at their own expense upon 10 days notice from the City (except in cases of emergency) if such removal is considered necessary by the City for the installation, repair or maintenance of any utility or for the maintenance of sight lines or if the plantings interfere with the use of the utility. Emergencies 20. In the event of an emergency, the City may remove any plantings located within a boulevard without notice or compensation to the owners or occupiers of property abutting the boulevard. PART III - TREES Tree Planting 21. (1 ) No person shall plant any tree within a boulevard without prior approval from the Director. (2) Any owner may request permission to plant a tree in a boulevard abutting their property. Any such request shall be submitted to the Director in writing. (3) When considering a request to plant a tree within a boulevard, the Director shall give preference to the species of deciduous tree listed in Table 1 of Schedule "A" except where height restrictions exist due to power lines or other overhead obstructions. Where height restrictions exist, the Director shall give preference to the species of deciduous tree listed in Table 2 of Schedule "A". (4) No person shall plant or maintain a coniferous tree or a deciduous tree of a species listed in Table 3 of Schedule "A" within a boulevard. Tree Removal 22. (1 ) In this section, "City tree" means a tree planted by or at the request of the City. Boulevard By-Law No. XXXXl08 Page 6 "7 r) " / J ,. (2) Any owner may request that the City remove or prune a City tree located in a boulevard abutting their property. Any such request shall be submitted to the Director in writing. (3) Requests for the removal or pruning of a City tree shall only be approved if, in the opinion of the Director, the removal or pruning of the City tree is necessary for safety, the health of the City tree or any other public purpose. (4) Any tree removal or pruning of a City tree shall be at the expense of the City. PART IV - BOULEVARD WORKS Driveway Entrances 23. (1) No person shall alter a driveway entrance within a highway that has not been assumed by the City without the approval of the City's Director, Planning & Development or a designate. (2) Fees for works that alter a driveway entrance within a highway that has not been assumed by the City shall be as set out in Schedule "B 1 ". 24. (1) Subject to section 25, no person shall alter a driveway entrance within a highway that has been assumed by the City without the approval of the Director. (2) Fees for works that alter a driveway entrance within a highway that has been assumed by the City shall be as set out in Schedule "82". 25. No person shall alter a driveway entrance within any City highway as part of any construction undertaken under a building permit without the approval of the City's Director, Planning & Development or a designate. Damage Deposits 26. All persons applying to the City for a permit to construct or demolish a building, install site services or install an inground swimming pool enclosure shall be required to deposit with the City the amount set out in Schedule "82" to cover the cost of any damage that may be caused to the boulevard as a result of the construction or demolition. Boulevard By-Law No. XXXXl08 Page 7 f --:. ~) ,," PART V - ENFORCEMENT 27. An officer may, at any reasonable time, enter upon any land for the purpose of carrying out an inspection to determine whether or not the provisions of this by- law have been complied with. Order to Comply 28. (1) Where an officer is satisfied that there has been a contravention of any provision of this by-law, the officer may issue an order requiring the owner or occupier of the property abutting the boulevard on which the contravention has occurred or the owner of the fixture to do work to correct the contravention. (2) An order shall set out, (a) reasonable particulars of the contravention; (b) the location of the property or the fixture; (c) the general nature of work required to be done to correct the contravention; and (d) the date by which the work must be done. (3) An order may be served by, (a) personally delivering it to the owner or occupier; (b) sending it by registered mail to the owner at the address of the owner shown on the last revised assessment roll for the property or the last known address of the owner; or (c) sending it by registered mail to the occupier at the last known address of the occupier. (4) An order may be served on an owner of a fixture by, (a) personally delivering it to the owner; or (b) sending it by registered mail to the owner's registered head office. (5) If the address of an occupier is unknown or the City is unable to effect service on the owner or occupier in accordance with subsection (3), a placard setting out the terms of the order may be placed in a conspicuous place on or near the owner's or occupier's property. ---""~- ...\\\~ Boulevard By-Law No. XXXX/08 Page 8 7, ,~ (6) ~j Service of an order under this section shall be deemed to have been effected on the date that it is delivered personally, three days after it was mailed, or the date that it is posted on the property as the case may be. 29. No person shall fail to comply with an order. Remedial Action 30. (1) Where an order has been issued and compliance has not been achieved by the date specified in the order, the City may cause the work set out in the order to be done. (2) The City may recover the costs of doing any work undertaken pursuant to subsection (1), together with an administration charge equal to 25% of such costs, from the person required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes. Penalties 31. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act. PART VI - GENERAL Exemptions 32. This by-law shall not be interpreted as preventing or prohibiting, (a) the placement or erection of signs in compliance with the City and Regional sign by-laws; (b) the creation and use of a driveway apron that has been approved by the City; (c) the creation and use of hard surfaced materials in locations that have been approved by the City; (d) the temporary placement of refuse or debris for collection in compliance with the standards of the City's Waste Management By-law No. 6283/04; or (e) the placement of fixtures or other structures placed or utilized by the City, The Regional Municipality of Durham, Durham Region Transit, GO Transit, a utility company, Canada Post, or newspaper boxes in locations approved by the City. Boulevard By-Law No. XXXX/08 Page 9 Short Title 2 C 1 '--,/ '<, 33. This by-law may be referred to as the "Boulevard By-law". Repeal 34. By-law No. 4272/72 is repealed. Effective Date 35. This by-law comes into effect on the date of its passing. By-law read a first, second and third time and finally passed this _ day of ,2008. David Ryan, Mayor Debi A. Wilcox, City Clerk 7, f., ....,1 \. SCHEDULE "A" TREE PLANTING IN THE MUNICIPAL BOULEVARD Table 1 . Preferred Trees BOTANICAL NAME COMMON NAME ---- Acer freemanii "Autumn Blaze" Autumn Blaze Maple Acer saccharum "Green Mountain" Green Mountain Sugar Maple Acer saccharum "Legacy" Legacy Sugar Mountain Acer saccharum "Silver Queen" Silver Queen Maple Ginkgo biloba Maidenhair Tree Gleditsia triacanthos "Shademaster" Shademaster Honey Locust Gymnocladus dioicus Kentucky Coffee Tree Platanus acerfolia "Bloodgood" Bloodgood London Planetree Pyrus calleryana "Bradford" Bradford Pear Pyrus calleryana "Chanticleer" Chanticleer Pear Quercus bicolor Swamp White Oak Quercus macrocarpa Burr Oak Table 2 - Preferred Trees (where height restrictions exist) BOTANICAL NAME COMMON NAME Acer campestre Hedge Maple Acer ginnala "standard" Amur Maple Crataegus crusgalli "Inermis" Thornless Cockspur Hawthorn Prunus cerasifera "Newport" Newport Flowering Plum Syringa reticulata "Ivory Silk" Ivory Silk Lilac Table 3 . Prohibited Trees BOTANICAL NAME SPECIES . COMMON NAME Acer Negundo Manitoba Maple Ailanthus Altissima Tree of Heaven Betula All Species Birch Malus All Species Crab-apple Populus All Species Poplar Salix All Species Willow Sorbus Aucuparia All Species European Mountain Ash Ulmus Americana American Elm Ulmus Pumila Siberian Elm CORP0223-07/01 ~ -t~_-,.,,,,,",,---_,,-,,-_,_,,,_,,,,,_, -z 7 .=) -' SCHEDULE "B1" PLANNING & DEVELOPMENT Boulevard Work Fee -- f--- Curb cut - new development not assumed $36/metre by municipality Minimum Charge is $198 Newspaper box pad permit application $50/box Newspaper box installation $250 - $500/box Newspaper box annual maintenance $15/box Boulevard Work Damage Deposit Swimming Pool Enclosure $500 Water/Sewer Connection $500 Residential Building or Demolition Permit - Rural $1,500 - Urban $2,000 Non-Residential Building $2,000 - $5,000 CORP0223-07/01 ,,-_...&.-.......--."'''-.'''''''''",',-'''''~"'~A.~. 3F SCHEDULE "B2" MUNICIPAL PROPERTY & ENGINEERING Boulevard Work Fee Driveway entrance curb cut $36/metre Minimum Charge is $198 Cost recovery of damages to City owned Actual costs plus administrative fee (15%) property Driveway entrance 9 metres x 400 $1,405 millimetres Driveway entrance 9 metres to 15 metres $1,405 Plus $155 per metre in excess of 9 metres Plus $40 per coupler when required Driveway entrance extension of existing $155 per metre culvert Plus $40 per coupler Minimum charge is $195 Driveway entrance, culvert other than as Contract cost described above (time & material) Commemorative tree and plaque $500 Commemorative bench and plaque $1,000 CORP0223-07/01 l I ATTACHMENT ,~ 10 REPORT' ~;f h THE CORPORATION OF THE CITY OF PICKERING 7 (" ,,,) ~.) BY-LAW NO. 108 A by-law to require owners and occupiers of land to clean and clear the land WHEREAS section 127 of the Municipal Act, 2001, S.O. 2001 c.25 provides that a local municipality may require the owner or occupier of land to clean and clear the land, not including buildings, or to clear refuse or debris from the land, not including buildings; and WHEREAS the City of Pickering deems it necessary to regulate when and how the cleaning and clearing of land within the City shall be done. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING ENACTS AS FOLLOWS: PART I-INTERPRETATION Definitions 1. In this by-law, (a) "City" means the Corporation of the City of Pickering or the geographic area of the City of Pickering, as the context requires; (b) "occupier" includes a lessee, tenant, mortgagee in possession or any other person in possession of any premises; (c) "officer" means a municipal by-law enforcement officer appointed by the City; (d) "order" means an order issued by an officer under subsection 15(1); (e) "owner" means the person identified in the most recent tax roll as the owner of any premises; (f) "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; (g) "premises" means any grounds, yard, parking lot, vacant land or other parcel of land not including any buildings; and Clean and Clear By-Law No. XXXX/08 Page 2 4 [\ (h) "refuse or debris" includes garbage or rubbish of any kind and, without limiting the generality of the foregoing, includes a vehicle that appears by reason of its appearance, mechanical condition or lack of current licence plates to be inoperative, inoperative mechanical equipment, automotive and mechanical parts, appliances, furnaces, heater or fuel tanks, disused furniture, table waste, paper, cartons, crockery, glassware, cans, garden refuse, earth or rock fill, old or decayed lumber, material from construction or demolition projects, and old clothing. Application 2. This by-law shall apply to all premises within the City. References to Legislation 3. In this by-law, reference to any Act, regulation or by-law is reference to that Act, regulation or by-law as it is amended or re-enacted from time to time. Word Usage 4. This by-law shall be read with all changes in gender or number as the context may require. 5. A grammatical variation of a word or expression defined has a corresponding meaning. Construction 6. Unless otherwise specified, references in this by-law to sections and schedules are to sections and schedules in this by-law. Severability 7. Each section of this by-law is an independent section, and the holding of any section or part of any section of this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other section or parts of sections of this by-law. .>'...:_~'".~-""''''''''-'~-..-.;~~----,.. . '"' Clean and Clear By-Law No. XXXX/08 Page 3 PART II - MAINTENANCE OF PREMISES 4 1 Refuse 8. Where on any premises there is refuse or debris, the owner or occupier of the premises shall remove the refuse or debris so that the premises are left in a clean condition. 9. No person shall throw, place or deposit refuse or debris on any premises. 10. No owner or occupier shall use its premises for the dumping or disposal of refuse or debris. Weeds and Long Grass 11. No owner or occupier shall permit any weeds or grass on its premises to exceed fifteen (15) centimeters in height. Donation Boxes 12. (1) In this section, "donation box" means a container used to collect second- hand clothing or other second-hand items for donation to a charitable organization. (2) No owner or occupier shall place, erect or maintain or permit the placement, erection or maintenance of a donation box on any premises except on private property that is zoned to permit a commercial use. (3) Every owner or occupier shall ensure that there are no items discarded or placed in the area surrounding a donation box, regardless of whether such items left are donations. PART'" - ENFORCEMENT Inspections 13. An officer may, at any reasonable time, enter upon any premises for the purpose of carrying out an inspection to determine whether or not the provisions of this by-law have been complied with. Order to Comply 14. (1) Where an officer is satisfied that there has been a contravention of any provision of this by-law, the officer may issue an order requiring the owner Clean and Clear By-Law No. XXXX/08 Page 4 ~ r.... I } I l or occupier of the premises on which the contravention has occurred to do work to correct the contravention. (2) An order shall set out, (a) reasonable particulars of the contravention; (b) the location of the premises; (c) the general nature of the work required to be done to correct the contravention; and (d) the date by which the work must be done. (3) An order may be served by, (a) personally delivering it to the owner or occupier; (b) sending it by registered mail to the owner at the address of the owner shown on the last revised assessment roll for the premises or the last known address of the owner; or (c) sending it by registered mail to the occupier at the last known address of the occupier. (4) If the address of an occupier is unknown or the City is unable to effect service on an owner or occupier in accordance with subsection (3), a placard setting out the terms of the order may be placed in a conspicuous place on or near the owner's or occupier's property. (5) Service of an order under this section shall be deemed to have been effected on the date that it is delivered personally, three days after it was mailed, or the date that it is posted on the property, as the case may be. 15. No person shall fail to comply with an order. Remedial Action 16. (1) Where an order has been issued and compliance has not been achieved by the date specified in the order, the City may cause the work set out in the order to be done. (2) The City may recover the costs of doing any work undertaken pursuant to subsection (1), together with an administration charge equal to 25% of such costs, from the person required to do it by action or by adding the Clean and Clear By-Law No. XXXX/08 Page 5 costs to the tax roll and collecting them in the same manner as property taxes. 4 ~I: Penalties 17. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act. PART IV - GENERAL Short Title 18. This by-law may be referred to as the "Clean and Clear By-law". Repeal 19. By-law No. 6169/03 is repealed. Effective Date 20. This by-law shall come into force on the day of its passing. By-law read a first, second and third time and finally passed this _ day of ,2008. David Ryan, Mayor Debi A. Wilcox, City Clerk ATTACHMEi\}T >c3_~, YO REPORT# C <5 Od -6;'5 4 ,~ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 108 A by-law to amend the Traffic and Parking By-law WHEREAS on December 19, 2005 the City passed By-law No. 6604/05 to regulate traffic and parking on highways; 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 is amended by adding the following sections: HIGHWAY OBSTRUCTIONS 36.1 (1) In this section, "obstruction" means any basketball net, hockey net, skc.teboard ramp or any other object that can interfere with or obstruct the safe passage of vehicular traffic on a highway. (2) No person shall leave unattended any obstruction on any highway. (3) The City may remove any obstruction from a highway and store it in a suitable place. (4) The owner of any obstruction removed by the City may contact the City to arrange for the return of the obstruction upon payment of a fee of $50.00. (5) Any obstruction removed by the City that has not been claimed by its owner within 30 days shall become the property of the City and may be disposed of in any manner the City deems appropriate. SHOPPING CARTS 36.2 (1) In th is section, (a) "shopping cart" means any device used by customers to convey goods purchased from an owner; and (b) "owner" means any person owning or operating a business. Page 2 (2) Every owner shall have the name of its business displayed on each of its shopping carts for identification purposes. 4 f,. (3) No owner shall permit any person to remove shopping carts from its property. (4) No person shall remove a shopping cart from an owner's property. (5) No person shall abandon a shopping cart on any highway or private property. (6) The City may remove any shopping cart found anywhere other than the owner's property and store it in a suitable place. (7) The owner of any shopping cart removed and stored by the City may contact the City to arrange for the return of the shopping cart upon payment of a fee of $50.00. (8) Any shopping cart removed by the City that has not been claimed by its owner within 30 days shall become the property of the City and may be disposed of in any manner the City deems appropriate. 2. This by-law shall come into effect on the day of its passing. BY-LAW read a first, second and third time and finally passed this _ day of ,2008. David Ryan, Mayor Debi A. Wilcox, City Clerk REPORT TO EXECUTIVE COMMITTEE 4 ( Report Number: CS 03-08 Date: February 11, 2008 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Updated Noise Control By-law File: A-2130-002-07 Recommendation: 1. That Report CS 03-08 of the Director, Corporate Services & Treasurer be received; 2. That the draft Noise Control By-law, included as Attachment 1, providing regulations for noise 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: As part of the review of all municipal regulatory by-laws, Municipal Law Enforcement Services has prepared a revised by-law regulating noise within the City of Pickering. This draft by-law expands the prohibition on construction noise to include statutory holidays, sets out specific times prohibiting leaf blowers, snow blowers and other yard maintenance equipment, and updates all provisions to reflect current legislation and enforcement processes. Planning & Development staff, as well as the City Solicitor were consulted to ensure a comprehensive review of all issues was completed. Financial Implications: It is the intention of Municipal Law Enforcement Services to seek Short Form Wording for Set Fines to enable the issuance of Part I Offence Notices (tickets) to persons contravening the Noise Control By-law. This will enable officers to issue tickets with set fines to persons contravening the by-law, rather than initiating a lengthy court process for each situation. Set fines will be recommended at $150.00 to $250.00 depending on the offence. Sustainability Implications: The provisions in the Noise Control By-law support a healthy community by restricting noise pollution.