GENERAL COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Sheila Birrell, Town Clerk

 

 

PREPARED BY:

W. Wiles, Manager, By-Law Enforcement & Licencing

 

 

 

 

DATE OF MEETING:

June 20th, 2005

 

 

 

 

SUBJECT:

Parking Control By-Law

 

 

 

 

RECOMMENDATION:

That a consolidated by-law be enacted to govern and control the parking of vehicles in the Town.

 

PURPOSE:

·        To consolidate the existing parent Parking By-law and the approximate 150 amendments into a single by-law:

·        to revise by-law language to be consistent with the most recent provincial legislation;

·        to incorporate new paid parking regulations;

·        to increase fines to maintain appropiate deterrents;

·        to provide a user friendly by-law.

 

BACKGROUND:

Municipalities are empowered to regulate parking on streets to ensure the unimpeded flow of traffic and pedestrians within the community. The unimpeded flow of traffic provides for the timely and continuous access by emergency vehicles, contributes to the well-being of local economy and businesses, and maintains safe pedestrian routes for residents.  Parking regulations also allow for unrestricted street maintenance operations such as snow plowing and street cleaning.  Regulations on private lands allow property owners to set rules regarding the use of their parking lots to operate effectively, provide easier building access for the physically disabled, and ensure fire and emergency access at all times.

 

Regulations for the parking of vehicles on municipal streets, public property, and private property are currently contained within By-law 336-88. A listing of the various parking regulation categories in the proposed by-law are detailed in Appendix ‘A’- Parking Regulations. The proposed by-law is to be enacted using authorities granted in the Municipal Act, 2001, S.O. 2001, c. 25., the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4., and the Highway Traffic Act, R.S.O. 1990, c. H.8

 

OPTIONS/ DISCUSSIONS:

Revisions By-law Language & Consolidation

Staff used the consolidation of the Parking By-Law as an opportunity to include housekeeping changes, to update by-law language and standards, to align regulations with the most recent provincial legislation and with best practices in parking control administration.

 

The present parent parking by-law was passed in 1988 and has been amended in excess of over 150 times. The numerous amendments present challenges to users referencing the by-law, as a consolidated version of the by-law does not exist. The proposed consolidated by-law will be maintained in the same format as all administrative by-laws.

 

Paid Parking

Council recently approved a report establishing a Paid Parking Program for the Town. To fully implement the paid parking program, the parking by-law needs to be expanded to include:

·        regulations requiring the payment for parking in designated areas,

·        creation of schedules in the By-law to denote areas of paid parking,

·        regulations and offences for improper use of paid parking spaces, and

·        the establishment of fines for violations.

 

The rates to be charged for using the municipal paid parking spaces will be incorporated into the Fee By-Law.

 

Parking Fines

Parking fines are imposed to deter persons from parking illegally. To be effective, fines must be set high enough to achieve compliance. Comparable statistics and recommended fines are contained in Appendix “B”- Comparison of Current Municipal Set Fines and Recommended Markham Fines.

 

Parking Signage

Discrepancies between the signage on streets and the by-law schedules have been corrected.

 

FINANCIAL CONSIDERATIONS:

The proposed parking fine increases will provide an estimated $50,000 in additional revenue that will be reflected in the 2006 budget.

 

ACCESSIBILITY CONSIDERATIONS:

Parking regulations and enforcement ensure that designated spaces for the disabled are used by permit holders who require easy access.

 

ENGAGE 21ST CONSIDERATIONS:

Infrastructure Management- Parking regulations provide for the unimpeded flow of traffic.

Organizational Excellence- The new Parking By-law will incorporate “best practices” in parking regulations and administration.

 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

Operations

Legal

 

 

 

 

 

 

 

Sheila Birrell

 

Andy Taylor

Town Clerk                                                                                 Commissioner, Corporate Services

 

Appendix A- Parking Regulations

Appendix B- Comparison of Current Municipal Set Fines and Recommended Markham Fines

 

Appendix ‘A’- Parking Regulations

Regulation

Description

Parallel Parking

Regulations include vehicles be parked facing  in the flow of traffic, within 15 cm of the curb, allows for angle parking where designated and within painted lines where marked

Prohibited Parking

(Signs not required)

·  Within 9m of an intersection

·  Within 15m of an signalized intersection on a highway

·  Within 3m of a fire hydrant

·  Obstruction of a private roadway

·  Obstruction of a sidewalk

·  Obstruction of a crosswalk

·  Interfere with the movement of traffic

·  Interfere with clearing of snow form the highway

·  Between the hours of 2:30 a.m. and 6:00 a.m. (except as noted)

·  On a boulevard (unless parked at right angles to the travelled portion of the highway)

·  On a highway within 152m of fire fighter apparatus

·  Within 7m of fire hall entrance on same side of street; 30m on other side

·  On a bridge

·  In a public laneway

·  Within 6m of a bus stop

Prohibited Parking

As designated by signs:

·  In front of public buildings, schools, churches

·  Taxicab stands

·  On a highway within 24m of a bus stop

·  On a highway within 15m of an intersection

·  On a highway within 30m of an intersection controlled by traffic lights

·   On the side of the highway adjacent to a school property between 8:30 a.m. and 4:30 p.m.

·  In “Police Vehicle”, “Emergency No Parking”, “School Bus Zones”

Paid Parking

Parking Meter: Establish use regulations and schedules to designate locations:

·  Fee must be paid to park

·  Park wholly within adjoining space

Parking Machine: Establish use regulations and schedules to designate locations:

·  Fee must be paid to park

·  Receipt must be displayed placed faced up

·  Park wholly within marked parking spaces

Standing Prohibited

Prohibits the stopping of vehicles to wait while persons are dropped off or picked up

Stopping Prohibited

Prohibits the momentary stopping of vehicles (to drop off or pick up persons)

Fire Access Routes

·  Designated by the Fire Department

·  Applies to both sides of a designated route

Private or Municipal Property

·  Prohibits the parking the parking of motor vehicles without the consent of the owner where the owner has posted regulations establishing conditions for parking

·  On public property where parking is not authorized

·  No person may park on public property for more than 48 hrs. unless authorized

Disabled Parking

·  Permit required and must be displayed

·  Surrendering of permit for inspection

·  Cannot charge fee in excess of fee charged to general public

School Bus Loading Zone

Within a designated area

Commercial Vehicle Parking

Not permitted on a municipal street within a residential zone

Permitted Overnight Parking

Permitted within designated periods in designated areas

Permit Parking

Permits overnight parking with a permit in designated areas

Towing of Vehicles

Regulations for the towing of vehicles in contravention of the by-law

Bold indicate new regulations

Appendix ‘B’- Comparison of Current Municipal Set Fines and Recommended Markham Fines

 

 

Set Fine

Parking

Offence

Markham

(recommended)

Markham

(current)

Richmond

Hill

Vaughan

Toronto

Mississauga

No Parking 2.30 am to 6.00am

$35

$20

$30

$35

$35

$25

Parking in a fire route

 

$100

$100

$100

$100

$100

$100

Parking in a designated handicapped space

$300

$300

$300

$300

$450

(proposed)

$350

Parking a vehicle in an area designated as prohibited parking – within 15m of an intersection

$35

$30

$40

$35

$40

(proposed)

$25

Parking a vehicle in an area designated as prohibited parking –no parking as specified

$35

$30

$40

 

$35

$40

(proposed)

$25

Stopping a vehicle in an area designated as prohibited parking – no stopping

$35

$30

$40

$35

$40

(proposed)

$25

Parking a vehicle in an area designated as prohibited parking –in excess of specified time

$35

$30

$40

$35

$30

$25

Parking on municipal property

$35

$30

$40

$35

$30

$25

Parking on private property

 

$35

$30

$40

$35

$30

$25

Park so as to obstruct private roadway

$35

$30

$30

$35

$30

$25

Park so as to obstruct sidewalk

 

$35

$30

$30

$25

$30

$25

Park so as to obstruct crosswalk

 

$35

$30

$30

$25

$30

$25

Park so as to interfere with traffic

$35

$30

$30

$35

$60

$25

Park on boulevard

 

$35

$30

$30

$35

$30

$25

Park on highway within 3m of fire hydrant

$35

$50

$30

$35

$30

$25

Park in a school loading zone

 

$35

$30

$25

$35

$30

$25

Park on a highway within 9m of intersection

$35

$30

$30

$35

$30

$25

Park on a highway wrong side of street

$35

$30

$25

$35

$30

$25

Park so as to interfere with snow removal

$100

$100

$100

$100

$100

$25

Paid Parking Offences

$20

na

na

na

$20 to $30

$25

New and increased fines are bolded