BRAMPTON F^ bmmpton.ca Flower City Report. DATE: April 2o. Contact: Kelly G. Yerxa, Deputy City Solicitor,

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1 BRAMPTON F^ bmmpton.ca Flower City Report Date: March 21, 2011 Committee of Council Committee of the Council of The Corporation of the City of Brampton File: Subject: L05 Idling Control By-Law COMMITTEE OF COUNCIL DATE: April 2o Contact: Kelly G. Yerxa, Deputy City Solicitor, Overview: The purpose of this report is to provide information to assist in deliberations as to whether or not Council wishes to enact an Idling Control By-law. The subject of idling control has been addressed previously by Council as far back as The current status with respect to idling prohibition is that the City's Traffic By law prohibits idling on one street only (Holtby Avenue). An extensive public education project was conducted with assistance from Lura Consulting and the Clean Air Partnership in Over 25 municipalities in Ontario now have Idling Control By-laws, including Toronto, Vaughan, Markham, Burlington and London, to name a few. Within Peel Region the City of Mississauga has an Idling Control By-law and the Town of Caledon deals with idling through its Noise By-law, wherein it prohibits idling for a period of 5 minutes or more in residential areas. There is limited enforcement by many municipalities since the ticketing process is under Part I of the Provincial Offences Act which means the offence applies to the person rather than the vehicle. Therefore a few municipalities have recently updated and revised their Idling Control By-laws such that offences are under Part II of the Act allowing the municipality to ticket the vehicle and not the person, similar to parking tickets. The City of Toronto is one of the few municipalities that actively enforce its Idling Control By-law. Most municipalities have been enforcing on a complaint basis with follow up by letter reminding the offender of the limitations in the By law, and Enforcement Officers provide public education by speaking to people if they see vehicles idling for more than the permitted period of time. There have been numerous reports done at the municipal and Federal levels on the subject of idling and the impact on the built and natural environment. Natural Resources Canada has conducted a number of studies which have been exhaustively referenced in other municipal reports. The Federal studies are now recommending that idling be limited to 60 seconds, however most municipalities are still using a three minute standard.

2 Fb-2. Recommendations: 1. That the report from Kelly G. Yerxa, Deputy City Solicitor, Litigation and Administrative Law, Corporate Services, dated March 21, 2011, re: Idling Control By-law File No. L05, be received; and 2. Should Committee determine it is appropriate to recommend the passing of an Idling Control By-law: a. That an Idling Control By-law be passed to provide that: No vehicle is permitted to idle longer than 3 minutes; with the following exemptions: o police, fire and ambulance vehicles or any other vehicles while assisting in an emergency activity; o o mobile work vehicles while the vehicle is being used for its basic work function; idling of vehicles where necessary to service the engine, conduct repairs or refuel; o armoured vehicles while the vehicle is being guarded and loaded or unloaded; o vehicles remaining motionless because of an emergency, traffic, adverse weather conditions or mechanical difficulties over which the driver has no control; o transit vehicles while passengers are embarking or disembarking en route or at transit terminals and while at a stopover location, or where the ambient temperature outside a transit vehicle is more than 27 degrees Celsius or less than 5 degrees Celsius; o vehicles transporting a person who is carrying documentation certified by a medical doctor in writing that, for medical reasons, the

3 F3-3> Background: person requires the temperature or humidity be maintained within a certain range; and o vehicles that are required to idle in order to keep in operation a heating or refrigeration system necessary for the welfare or preservation of the cargo contained therein. Charges for offences under the Idling Control By-law shall be under Part II of the Provincial Offences Act and subject to a set fine of $ subject to the approval of the Regional Senior Justice; and b. That, until such time as a set fine is approved (approximately 8 weeks or more), enforcement be by way of an education program; and c. That staff be directed to contact Metrolinx, the Ministry of the Attorney General and the Ministry of Public Safety and Correctional Services in order to obtain agreement and the necessary consent to enforce the Idling Control By-law on lands under their jurisdiction; and d. That Enforcement and By-law Services, with support from the Corporate Communications Division, develop and execute a public awareness campaign to educate the public about the City of Brampton's Idling Control By-law. Since 1996 a number of municipalities across Canada and in Ontario have implemented Idling Control By-laws. The City of Toronto enacted the first Idling Control or Anti-Idling By-law in Brampton Council has considered this topic a number of times in the past, and determined that such a by-law was not required at the time. More recently, arising out of recommendations adopted by Council on May 26, 2010 set out in the Parking of Oversized Motor Vehicles in Residential Zones Report (File P42 CO) Council directed staff to report back as follows: "Thatstaff report back with a reporton an anti-idling by-law;..."

4 Tl-Ur Current Situation: I. Canada and Ontario: As noted above,a number of municipalities in Ontario and across Canada have adopted Idling Control By-laws. Most municipalities, when researching and writing reports recommending the adoption of a by-law have relied on information from Natural Resources Canada ("NRCan")1 and most municipalities have followed the City of Toronto's lead as it had one of the original Idling Control By-laws. There are over 25 municipal Idling Control By-laws in Ontario, of those Toronto, Burlington and London, and possibly others, have conducted reviews and have proposed amendments to their existing by-laws. In 2010, the City of Burlington, followed by the City of Toronto, adopted a stricter standard of one minute for idling. The City of London has reduced its permitted idling time to two minutes, as has the City of Peterborough. The reasons for reducing the permitted idling time are well documented and include such reasons as reducing vehicle emissions of different gases including greenhouse gases such as, carbon dioxide, that contribute to climate change and criteria air contaminants such as volatile organic compounds, carbon monoxide and nitrogen oxides that contribute to air pollution. There is no available technology to reduce carbon dioxide from tailpipe emissions, however there have been advances in reducing other air contaminants emitted from gasoline powered vehicles and some reduction has been seen from diesel powered vehicles. Although the chemistry involved is complex, NRCan identifies the direct benefits of reducing idling as a decrease in greenhouse gases and fuel consumption. In order to balance the overall emissions, fuel savings and any potential increase in maintenance costs on the battery or starter, NRCan recommends turning off an idling vehicle if idling for more than 60 seconds. As set out above there are a number of reasons for the more rigorous standard, of one minute in addition to the fact that it is the recommended timeline for the "Model Idling By law" identified in a report commissioned by NRCan in NRCan also revised its website in 2008 and now recommends that idling be limited to one minute to balance Natural Resources Canada. Idle Free Zone website. Emission Impacts Resulting from Vehicle Idling. Available: Natural Resources Canada.

5 F^-5 emissions, fuel use and potential extra wear and tear for the car components and finally because any reduction in permitted idling time will increase the ease and efficacy of enforcement so that By-law Enforcement Officers do not need to wait for three minutes priorto writing a ticket. Notwithstanding the NRCan recommendation, municipalities are still generally opting for a three minute idling period. A handful of municipalities, as noted above, have moved to a more rigorous standard and have reduced idling times, excluding transit, to less than three minutes. II. The Region of Peel The City of Mississauga is the only local municipality within Peel Region that has implemented an Idling Control by-law. The standard in Mississauga is 3 minutes and therefore in an attempt to provide consistency throughout the Region, staff is recommending that if Council proceeds to adopt an Idling Control By-law that it adopt the same idling standards as Mississauga. the Town of Caledon has a different approach and rather than an Idling Control By-law it deals with idling as a noise issue and regulates through its Noise By-law and prohibits idling for a period of 5 minutes or more in residential areas. III. Exemptions in an Idling Control By-law There are different types of exemptions found in the various Idling Control By-laws. The most consistently occurring exemptions relate to emergency, transit and other "working vehicles". In order to be consistent with Mississauga's By-law (and most other Idling Control By-laws), staff are recommending the following exemptions: police, fire and ambulance vehicles or any other vehicles while assisting in an emergency activity; mobile work vehicles while the vehicle is being used for its basic work function; idling of vehicles where necessary to service the engine, conduct repairs or refuel; armoured vehicles while the vehicle is being guarded and loaded or unloaded; vehicles remaining motionless because of an emergency, traffic, adverse

6 FVt weather conditions or mechanical difficulties over which the driver has no control; transit vehicles while passengers are embarking or disembarking en route or at transit terminals and while at a stopover location, or where the ambient temperature outside a transit vehicle is more than 27 degrees Celsius or less than 5 degrees Celsius; vehicles transporting a person who is carrying documentation certified by a medical doctor in writing that for medical reasons, the person requires the temperature or humidity be maintained within a certain range; and vehicles that are required to idle in order to keep in operation a heating or refrigeration system necessary for the welfare or preservation of the cargo contained therein. a.) Other Considerations: Temperature Some municipalities identify a general temperature exemption, other than just for transit vehicles, whereby below or above a certain temperature the By-law would not apply. This is problematic because it imposes an additional step on enforcement staff, as they would require an accurate record of the temperature any time they attempt to enforce the By-law when the temperature is close to an upper or lower limit. Without this measurement, enforcement and possibly conviction becomes more complicated on days when the temperature is approaching the limits identified in the By-law. For this reason, and to be consistent with Mississauga's By-law, staff is not proposing a temperature exemption, except in the case of transit vehicles as described above. Drive-Through Lanes Some municipalities exempt drive-through lanes from the application of the By-law. While a drive-through is considered a convenience for some, the intention of the By-law is to address unnecessary idling (i.e. idling while waiting in line, while waiting for someone). Vehicles idling at a drive-through should be treated as unnecessarily idling if they are doing so for more than three minutes. For this reason and again, to be

7 FV1 consistent with Mississauga's By-law, staff are not proposing a drive-through exemption. b.) Level of Enforcement: All municipalities have experienced some difficulty with the effective enforcement of Idling Control By-laws. The municipal enforcement experience falls along a continuum ranging from having a By-law which is not enforced to more effective enforcement by obtaining short form wording which allows for on the spot ticketing. Charges for contravening an Idling Control By-law must be pursued under the Provincial Offences Act. Charges can be laid under Part I, Part II or Part III of the Act. Idling Control By-laws are usually enforced under Part I or Part III such that either a ticket must be issued directly to a person or an "information" must be laid, sworn and served on the alleged offender. In order to issue an idling ticket under these conditions, the Enforcement Officer must ask for a person's name and address. The person cannot be compelled to disclose the information but without it a ticket or charge cannot be laid. In contrast, in the case of parking offences, Part II tickets are issued. Part II tickets can be issued using the licence plate to identify the owner of a vehicle, who is ultimately responsible. For these reasons if the City is to adopt and wants to successfully enforce an Idling Control By-law, staff recommend that the City pursue contraventions of the By-law as Part II offences. This approach has been adopted in Peterborough, Orillia and Burlington. This would be a more efficient process as the Enforcement Officers do not have to request personal information to issue a ticket, but can simply use the license plate number and the Ontario Ministry of Transportation's licence plate databank and charge the owner of the vehicle. It should be noted that City staff do not have the authority to enforce the Idling Control Bylaw on provincial or federal property such as at GO stations, courthouses and correctional facilities. Council may therefore want to direct staff to contact Metrolinx, the Attorney General and Ministry of Community Safety and Correctional Services, to suggest that they allow City staff to enforce the City's Idling Control By-law at GO Transit stations, and at courthouses and correctional facilities located in Brampton. This

8 FVS may require negotiations and agreements with the respective agencies and Ministries in order to give permission for the Cityto enforce its By-law, if enacted by Council. c.) Public Awareness Campaign It would be appropriate for By-law Enforcement staff, with support from Corporate Communications to develop and implement an appropriate public awareness campaign. The Region of Peel Public Health Department has developed an anti-idling campaign and educational materials which may be of assistance in the development of Brampton's campaign. The public awareness information should be available to use during the phase-in period of the By-law, before Part II ticketing commences. Environmental Implications As noted, many municipalities have developed Idling Control By-laws as part of more comprehensive clean air strategies to address air quality concerns as well as climate change. To this end, the City is preparing an Environmental Master Plan - Brampton Grow Green, and is engaged in the Region of Peel Climate Change Strategy. Both of these efforts support and guide the key elements of broad-based clean air strategies, many of which are already being pursued by Brampton including: Corporate Anti-idling program Green fleets policies Employee trip reduction programs (e.g. Smart Commute) Improvements to public transit Land-use planning to reduce sprawl and support transit, walking and cycling Energy-efficiency and energy conservation strategies Environmental purchasing policies Natural heritage and urban tree canopy enhancement to aid in reducing the urban heat island effect. The proposed Idling Control By-law and public awareness campaign are 'sustainable best practices' informed by science and practical application that will confirm the City of Brampton's leadership role in implementing sustainable urban growth and development.

9 F^ Through Brampton Grow Green the City will measure its environmental performance, and as such, can consider opportunities to evaluate the effectiveness of the Idling Control By-law and enforcement activities in achieving the goal of reducing unnecessary vehicle idling and emissions. Such an evaluation would provide the information that would allow the City to amend the By-law or adjust enforcement practices to make it more effective. It would also provide valuable information for other municipalities developing specific provisions for a new by-law. Corporate Implications: The implementation of a the proposed By-law will fall to Enforcement and By-law Services to issue tickets on an as needed basis and possibly lead to prosecution where tickets are challenged but overall there will be a minimal impact of existing staff resources. In addition the Enforcement and By-law Services Division, with support from the Corporate Communications Division, will need to develop and execute a public awareness campaign to educate the public about the City of Brampton's Idling Control By-law. Conclusion: As directed by Council, staff has provided information in this report to assist in the deliberations as to whether or not it is appropriate for the City of Brampton to pass an Idling Control By-law. If the passing of such a By-law is recommended, a draft by-law has been prepared and is attached to this Report which along with the other matters discussed in this Report will limit idling to 3 minutes, subject to certain exemptions. In addition staff will seek approval for enforcement under Part II of the Provincial Offences Act such that tickets are issued to the vehicle rather than the person, with a set fine of $100.00, subject to the approval of the Regional Senior Justice and staff would develop a public awareness campaign. Colin Grant City Solicitor j$fthy Zammit Commissioner of Corporate Services

10 FV'o Appendices: Appendix "A" - Draft Idling Control By-law Report authored by: Kelly G. Yerxa, Deputy City Solicitor 10

11 FVtl APPENDIX "A" THE CORPORATION OF THE CITY OF BRAMPTON IDLING CONTROL BY-LAW WHEREAS subsection 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that the powers of a municipality shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate, and to enhance their ability to respond to municipal issues; WHEREAS subsection 11(2) paragraph 5 of the Municipal Act, 2001, S. O. 2001, c. 25, as amended, authorizes municipalities to pass by-laws for the economic, social and environmental well-being of the municipality; and WHEREAS subsection 11(2) paragraph 6 of the Municipal Act, 2001, S.O. 2001, c.25, as amended authorizes municipalities to pass by-laws related to the health, safety, and well-being of persons; and WHEREAS subsection 11(3) paragraph 8 of the Municipal Act, 2001, S. O. 2001, c. 25, as amended, authorizes municipalities to pass by-laws for parking; and WHEREAS subsection 100.1(1) of the Municipal Act, S.O. 2001, c.25, as amended, authorizes municipalities in respect of land not owned or occupied by the municipality, to regulate or prohibit the parking or leaving of motor vehicles without the consent of the owner of the land; and WHEREAS subsection 128(1) of the Municipal Act, S. O. 2001, c.25, as amended, authorizes that a local municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council, are or could become or cause public nuisances; and WHEREAS subsection 425(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes municipalities to pass by-laws provided that any person who contravenes a municipal by-law passed under the Act be guilty of an offence; and WHEREAS subsection 429(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may establish a system of fines for offences under a by-law passed under the Act; and WHEREAS subsection 436(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes municipalities to pass by-laws and enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not a municipal bylaw passed under the Act is being complied with; and

12 Fi-a WHEREAS Council for The Corporation of the City of Brampton is supportive of initiatives to reduce emissions that contribute to climate change and poor air quality; NOW THEREFORE the Council of The Corporation of the City of Brampton hereby enacts as follows: PART I-SHORTTITLE 1. This By-law may be referred to as the "Idling Control By-law" PART II - DEFINITIONS 2. For the purposes of this By-law: (a) "City" means the territorial jurisdiction of the City of Brampton; (b) "Council" means the elected Council ofthe Corporation of the City of Brampton; (c) "Highway" means a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; (d) "Idle" and "Idling" both mean the operation of the combustion engine of a Vehicle while the Vehicle is not moving forward or in reverse; (e) "Mobile Work Vehicle" means: (i) a Vehicle containingequipment that must be operated inside or in association with the Vehicle, for the Vehicle's basic work function, such as waste and snow removal Vehicles; or (ii) a Vehicle serving as a facility for taking measurements or performing ongoing observations or conducting maintenance or construction which is operated by or on behalf of a municipality, public utility or police, fire or ambulance service; (f) "Municipal property" means real property owned bythe Corporation of the City of Brampton; (g) "Officer" means any person authorized by The Corporation of the City of Brampton to enforce parking by-laws and shall include Parking Enforcement Officers, Provincial Offences Officers and Peel Regional Police Service Officers. (h) "Person" includes a corporation, partnership or limited partnership;

13 F2H3 (i) "Private property" means real property owned by persons, other than property owned by the Corporation of the City of Brampton and includes real property owned by individuals, local boards, corporations and public authorities; (j) "Stopover" means a scheduled delay of a maximum of five (5) minutes to allow Transit Vehicles to adjust to service schedules or to allow for embarking or disembarking of passengers; (k)"transit Vehicle" means a public transit vehicle and for the purposes of this By-law is considered a Vehicle; (I) "Vehicle" means a motor vehicle, trailer, traction engine, or road building machine as defined in the Highway Traffic Act and any other Vehicle propelled or driven otherwise than by muscular power, but does not include a Vehicle running exclusively on rails. PART III APPLICATION 3. This By-law applies to all Idling within the City unless specifically exempted by this By-law or by a statute or regulation and includes Idling on: a) Private property; b) Municipal property; c) Highways forming part of the road system under the jurisdiction of The Corporation of the City of Brampton; and d) Highways forming part of the road system under the jurisdiction of the Regional Municipality of Peel which are within the boundaries of the City of Brampton. PART IV - GENERAL PROHIBITION 4. No person shall cause, allow or permit a Vehicle to Idle continuously for more than three (3) minutes in the following areas: a) On a Highway; b) On Private Property; or, c) On Municipal Property. PART V - EXEMPTIONS 5. Notwithstanding section 4, this By-law does not apply to the following: a) police, fire or ambulance Vehicles or any other Vehicles assisting in an emergency activity; b) Mobile Work Vehicles while they are in the course of being used for their

14 FV'<<basic work function; c) Vehicles for which Idling is required to service the engine, conduct repairs or refuel; d) Armoured Vehicles in which a person remains inside the Vehicle while guarding the contents, or while the Vehicle is being loaded or unloaded; e) Vehicles remaining motionless because of an emergency, traffic, adverse weather conditions or mechanical difficulties over which the driver has no control; f) Transit Vehicles while passengers are embarking or disembarking en route or at transit terminals; g) Transit Vehicles while at a Stopover location; h) Transit Vehicles where the ambient temperature outside a Transit Vehicle is more than 27 degrees Celsius or less than 5 degrees Celsius; i) Vehicles transporting a person who is carrying documentation certified by a medical doctor in writing that for medical reasons, the person requires the temperature or humidity be maintained within a certain range; and j) Vehicles that are required to Idle in order to keep in operation a heating or refrigeration system necessary for the welfare or preservation of the cargo contained therein. PART VI - HIGHWAY TRAFFIC ACT 6. This By-law shall not apply to prevent the reasonable Idling of a Vehicle in order to comply with the requirements of the Highway Traffic Act that require the driver of the Vehicle to have a clear view to the front, side and rear of the Vehicle through the windshield and windows. PART VII - ADMINISTRATION AND ENFORCMENT 7. This By-law can be administered and enforced by any police officer, municipal by-law enforcement officer or any other person authorized by the City. 8. Any person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and is liable to any penalty provided in the Provincial Offences Act, R.S.O c. P. 33, as amended. 9. The Court, in which a conviction has been entered, and any other court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of

15 FVlS the offence by the person convicted and such order shall be in addition to any other penalty imposed on the person convicted. 10. An officer may, at any reasonable time, enter on land for the purpose of carrying out an inspection to determine compliance with this by-law. PART VIII - VALIDITY 11. If a court of competent jurisdiction declares any provision, or any part of a provision, of this By-law to be invalid, or to be of no force and effect, it is the intention of the Council in enacting this By-law, that each and every other provision of this By-law authorized by law, be applied and enforced in accordance with its terms to the extent possible according to law. Read a FIRST, SECOND and THIRD TIME and PASSED in Open Council this April, 2011 day of Susan Fennell, Mayor Peter Fay City Clerk Approved as to form and content. / /