Report to: General Committee Date: November 26, 2007

SUBJECT: Parking Control By-Law Administrative Amendments

PREPARED BY: Bill Wiles, Extension 4851

RECOMMENDATION:

That By-Law 2005-188 “A By-law to govern and control parking of vehicles in the Town of Markham” be amended to provide for administrative amendments to wording with respect to parking regulations on sidewalks, boulevards, and on Fire Access Routes.

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. Purpose 2. Background 3. Discussion 4. Financial

5. Others (Environmental, Accessibility, Engage 21st, Affected Units) 6. Attachment(s)

PURPOSE:

To provide for more effective enforcement of Parking By-law 2005-188 by recommending specific administrative amendments relating to parking on sidewalks, boulevards, and in Fire Access Routes.

BACKGROUND:

Parking Prohibited in Specified Places – Signs Not Required

Section 5 (e) of By-law 2005-188 currently provides that no person shall park a motor vehicle so as to obstruct a sidewalk. Unfortunately, the By-law does not specify what portion of the obstructed sidewalk qualifies as a violation and as such, Parking Enforcement Officers have been using their discretion while enforcing the By-law.

Section 5 (j) of By-law 2005-188 currently provides that no person shall park a motor vehicle on any boulevard, except where the vehicle is parked on a designated access to private property at right angles to the traveled portion of the highway. Therefore, the By-law permits residents to park vehicles in their driveway provided the vehicle is parked perpendicular to the street.

Due to the need for additional parking in certain residential areas within Markham, the Town has been permitting residents to park their vehicle on the paved portion of the boulevard, provided no part of the vehicle encroaches on the roadway, sidewalk or grass.

Fire Access Routes

Section 9 (3) of By-law 2005-188 currently provides that no person shall park a motor vehicle within 6m (20 feet) of either side of a Fire Access Route. Signage is only required on one side of the Fire Access Route, however, parking is not permitted within 6m (20 feet) of the designated Fire Access Route (to allow for clear and free access for EMS vehicles, specifically fire trucks and their apparatus/equipment). As this provision does not specify as to whether the measured distance of 6m (20 feet) is referring to the vertical or horizontal area measured from the Fire Access Route signage, it has provided an opportunity for differing interpretations of the By-law.

OPTIONS/ DISCUSSION:

The current By-law provisions together with the proposed amendments to By-law 2005-188 are outlined in the table below:

Section	Existing By-law Regulations	Proposed By-law Regulations	Impact
5 (e)	No person shall park a motor vehicle so as to obstruct a sidewalk.	No person shall park a motor vehicle so as to obstruct any portion of a sidewalk.	Eliminates the opportunity to openly interpret what qualifies as an obstruction to a sidewalk. This amendment will assist Parking Control Staff to effectively enforce this provision of the By-law.
5 (j)	No person shall park a motor vehicle on any boulevard, except where the vehicle is parked on a designated access to private property at right angles to the traveled portion of the highway.	No person shall park a motor vehicle on any boulevard, except where the vehicle is parked on a designated access to private property at right angles or parallel to the traveled portion of the highway.	Reflects the Town’s current practice by specifying that motor vehicles parked “parallel” to the traveled portion of a highway, on a designated access to private property, are exempted from prohibited parking regulations.
9 (3)	No person shall park a motor vehicle within 6m (20 feet) of either side of a Fire Access Route.	No person shall park a motor vehicle on or along any part of a designated Fire Access Route at any time.	Provides clear and concise regulation with respect to parking prohibition on or along any part of a designated Fire Access Route at any time.

FINANCIAL TEMPLATE: (external link)

Not applicable

ENVIRONMENTAL CONSIDERATIONS:

Not applicable

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21^ST CONSIDERATIONS:

Not applicable

BUSINESS UNITS CONSULTED AND AFFECTED:

Fire Services

Legal Department

RECOMMENDED

BY: ________________________ ________________________

Sheila Birrell, Town Clerk Andy Taylor, Commissioner Corporate Services