1. THAT Bylaw No , Vehicle for Hire Bylaw, 2017, proceed for three readings at the next Regular meeting of Council;

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1 COUNCIL REPORT Report No. COR Executive Committee Date: October 25, 2017 File No: To: From: Subject: Mayor and Council Magda Laljee, Manager, Bylaw Services Proposed Vehicle for Hire Bylaw RECOMMENDATION 1. THAT Bylaw No , Vehicle for Hire Bylaw, 2017, proceed for three readings at the next Regular meeting of Council; 2. THAT Bylaw No , Bylaw Notice Enforcement Bylaw, 2007 Amendment Bylaw No. 45, proceed for three readings at the next Regular meeting of Council; 3. THAT Bylaw No , Municipal Ticket Information Bylaw, 2007 Amendment Bylaw No. 45, proceed for three readings at the next Regular meeting of Council; 4. THAT Bylaw No , Bylaw Enforcement Officer Designation Bylaw, 1998, Repeal Bylaw, proceed for three readings at the next Regular meeting of Council; and 5. THAT the Mayor and Corporate Officer be authorized to execute all documents related to this matter. REPORT CONCURRENCE General Manager The General Manager concurs with the recommendation of this report. City Manager The City Manager concurs with the recommendation of this report.

2 Report No. COR Page 2 of 4 SUMMARY OF THE ISSUE The City currently regulates the owners and operators of vehicles for hire under the Private Parking Lot Vehicle Removal Bylaw, 1998 and Taxi Driver Regulation Bylaw, As part of the City s ongoing bylaw review process, staff are proposing a consolidation of both bylaws to one stand-alone Vehicle for Hire Bylaw, 2017, to allow for consistent regulations with respect to vehicle for hire owners and operators. DISCUSSION Vehicles for hire in the City of Abbotsford include but are not limited to: taxis, limousines, hospital transfers, rental vehicles, and tow trucks. The proposed bylaw will continue to uphold the standards set for public safety. Changes include the addition of tow-driver responsibilities at the scene of an accident, provisions for rental vehicles, driver training vehicles, and vehicles for persons with disabilities, and alignment of tow truck rates with those set out in the Motor Vehicle Act. In preparing the proposed bylaw, recent vehicle for hire bylaws from other lower mainland municipalities were reviewed. The proposed bylaw options not only align with provisions found in other municipalities, but also appropriately addresses specific public safety and liability issues for the City of Abbotsford. Consultation and input was also received from internal City stakeholders: Abbotsford Police, Abbotsford Fire Rescue Services, Abbotsford International Airport, Business Licensing, Procurement Services, and the City s Property, Risk Management, and Legal Services Division. This report does not address application-based communication platforms (ride-sharing/u-drive services) such as Uber and Lyft, which link passengers looking for rides with drivers. There is currently no regulation in British Columbia that permits such services. That said, on August 21, 2017, Andrew Weaver, leader of the B.C. Green Party, announced a plan to introduce a bill reintroducing legislation to enable ride-sharing this fall. Staff will continue to monitor this trend as well as any legislation that might be introduced to enable these services. A report and recommendations for amendments that reflect any changes to regulations will then be brought forward for Council s consideration. If proposed Bylaw No , Vehicle for Hire Bylaw, 2017 (Attachment A ), is supported, Council is also requested to consider the following bylaw amendments: Attachment B Bylaw No , Bylaw Notice Enforcement Bylaw, 2007 Amendment Bylaw No.45. This amendment permits the City to levy fines for non-compliance with provisions of the Vehicle for Hire Bylaw under the jurisdiction of the City s successful and efficient adjudication program. Attachment C Bylaw No , Municipal Ticket Information Bylaw, 2007 Amendment Bylaw No. 45. This amendment permits the City to levy fines for non-compliance with provisions of the Vehicle for Hire Bylaw under the Provincial Court jurisdiction. When reviewing the City s ticketing bylaws it was noted that the provisions for the designation and appointment of Bylaw Enforcement Officers is contained in both the Bylaw Notice of Enforcement Bylaw, 2007, and the Municipal Ticket Information Bylaw, Therefore the Bylaw Enforcement Officer Designation Bylaw 1998 is redundant and should be repealed. To

3 Report No. COR Page 3 of 4 reflect and reference this house keeping change, Council is also requested to consider the following bylaw amendment: Attachment D Bylaw No , Bylaw Enforcement Officer Designation Bylaw, 1998, Repeal Bylaw. FINANCIAL PLAN IMPLICATION There is no financial impact associated with this report. Rajat Sharma General Manager, Finance and Corporate Services Signed 10/19/2017 9:21 AM IMPACTS ON COUNCIL POLICIES, STRATEGIC PLAN AND/OR COUNCIL DIRECTION This report supports Council s Strategic Plan which outlines a commitment to Organizational Alignment encompassing consistent governance and aligned operations. ORGANIZATIONAL ALIGNMENT 2. We recognize the importance of certainty in community building and that our rules and bylaws are critical to protecting the livability of our city. COUNCIL DIRECTION: The City of Abbotsford will be proactive in ensuring compliance with our bylaws and enforce them uniformly. Our most critical development bylaws are up-to-date and we revisit our regulations and remove bylaws that are no longer critical in a timely fashion CITY OF ABBOTSFORD STRATEGIC GOALS a) Modernize Bylaws and Policies to ensure they are aligned and current. SUBSTANTIATION OF RECOMMENDATION Staff recommend the adoption of the attached bylaws. A modernized and updated bylaw regulating vehicles for hire in one document provides clarity and consistent regulation, policy, and practice with regard to the operation of vehicles for hire within the City of Abbotsford. Magda Laljee Manager, Bylaw Services Signed 10/5/ :42 AM Bill Flitton Director, Legislative Services/City Clerk Signed 10/17/ :49 AM Rajat Sharma General Manager, Finance and Corporate Services Signed 10/19/2017 9:21 AM

4 Report No. COR Page 4 of 4 ATTACHMENTS: Attachment A: Bylaw No , "Vehicle for Hire Bylaw, 2017" Attachment B: Bylaw No , "Bylaw Notice Enforcement Bylaw 2007 Amendment Bylaw No. 45" Attachment C: Bylaw No , "Municipal Ticket Information Bylaw, 2007, Amendment Bylaw No. 45" Attachment D: Bylaw No , "Bylaw Enforcement Officer Designation Bylaw, 1998, Repeal Bylaw"

5 Bylaw No Page 1 The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS: 1. CITATION Bylaw No may be cited as Vehicle for Hire Bylaw, INTERPRETATION (a) (b) (c) (d) (e) (f) (g) Schedule A contains definitions of terms used in this Bylaw. Unless otherwise provided in this Bylaw, words and phrases used herein have the same meanings as in the Community Charter, SBC 2003, Local Government Act, RSBC 2015, and Interpretation Act, RSBC 1996, or as the context and circumstances may require. A reference to a statute refers to a statute of the Province of British Columbia, and a reference to any statute, regulation or bylaw refers to that enactment, as amended, or replaced, from time to time. A reference to a Schedule or other document attached to this Bylaw refers to a Schedule or other document that is attached to and forms part of this Bylaw. Words in the singular include the plural and gender specific terms include both genders and corporations. Headings in this Bylaw are for convenience only and must not be construed as defining, or in any way limiting the scope or intent of this Bylaw. If any part of this Bylaw is held to be invalid by a court of competent jurisdiction, the invalid part is severed and the remainder continues to be valid. 3. General Regulations - All Vehicle for Hire (a) Requirement to Hold Business Licence The Operator of any business regulated under this Bylaw, must post in a conspicuous place in the premises, vehicle, place, or structure where the business is conducted or undertaken and for which the licence is issued, or carry during all hours of operation, the Licence issued for that business under the City s Business Licence Bylaw, (b) Vehicle Licencee and Operator Prohibitions All Vehicles for Hire, Except Rental Vehicle.

6 Bylaw No Page 2 A Licencee, or Operator, of any Vehicle for Hire, except a Rental Vehicle, must not employ, engage or permit any person other than those with a: (1) Driver s Licence; and (2) Applicable Chauffeur s Permit as outlined under Section 4 to drive any Vehicle for Hire other than a Rental Vehicle. (c) Vehicle for Hire Driver Responsibilities All Vehicles for Hire Every Vehicle for Hire driver must carefully search such Vehicle for any property lost or left behind, and any such property must be immediately delivered to its rightful owner or, if unclaimed or if the owner cannot be found within a reasonable time, such property must be delivered to the Chief Constable, with all information in his possession regarding such property. (d) Miscellaneous Provisions - All Vehicles for Hire (ii) The provisions of this Bylaw do not apply to any Vehicle for Hire owned by BC Transit and operated in conjunction with its transportation system, Hospital Transfers, or the BC Ambulance Service. The Licence Inspector may: (1) inspect any Vehicles regulated by this Bylaw; and (2) inspect any premises used as a Vehicle for Hire Business Office. 4. TAXICABS (Taxi and Taxi for Persons with Disabilities) (a) Chauffeur Permit Required A person must not drive, operate or be in the care or control of a Taxi within the City for the purpose of carrying passengers for Hire, unless: (1) the person holds a valid Chauffeur Permit, in a form prescribed by the Chief Constable; and (2) a current photograph of the person, identified by name, is placed on the inside of the Vehicle in a prominent location that is visible to passengers in the rear seat. The photograph must be at least 50 mm x 70 mm (2 inches x 2 ¾ inches) in size.

7 Bylaw No Page 3 (ii) Despite Subsection, a person may operate a Taxi in the City without a Chauffeur Permit for the sole purpose of dropping off passengers at a destination in the City provided that the passenger s trip originated outside of the City and on condition that: (1) no passenger is picked up in the City; (2) no passenger is transported from point to point within the City; (3) the person does not stop the Taxi within a designated Taxi zone or otherwise solicit passengers; and (4) the person holds a valid municipal Chauffeur Permit issued by the originating jurisdiction of the passenger s trip, where such permit is required by that jurisdiction. (b) Taxi Business A Taxi Business must not allow, suffer or permit any person to drive, operate or be in care and control of a Taxi licensed by the Taxi Business for the purpose of carrying passengers for Hire in the City, unless the person driving, operating or being in care and control of the Taxi is the holder of a valid Chauffeur Permit. (c) Application Process (ii) (iii) (iv) Every application for a Chauffeur Permit must be submitted to the Chief Constable, in the form prescribed for that purpose by the Chief Constable. The Chief Constable is authorized to conduct such investigations, including, but not limited to, a Criminal Record Check or Police Information Check, as the Chief Constable considers necessary to determine the fitness of any person to act or continue to act as a Chauffeur in the City, and to ensure compliance with this Bylaw and, for this purpose, the Chief Constable may require that an Applicant or a Permit Holder submit to an examination or interview or provide such additional information or documentation as the Chief Constable considers necessary. A person must not make any false statement or declaration in an application for a Chauffeur Permit under this Bylaw. The Chief Constable must either issue or refuse to issue a Chauffeur Permit within ten (10) business days of the receipt of a complete application which meets the requirements of this Bylaw.

8 Bylaw No Page 4 (d) Applicant Qualifications (ii) The Chief Constable may issue a Chauffeur Permit to an Applicant if, after reviewing and considering the Applicant s Driving History, criminal record and such other records, investigations, searches, interviews and assessments as the Chief Constable considers appropriate, he is of the opinion that the Applicant is fit to act as a Chauffeur in the City having regard to the safety, protection and convenience of the public. Without limiting the generality of Subsection, every Applicant for a Chauffeur Permit must: (1) be a minimum of 19 years of age; (2) hold a subsisting Class 1, 2 or 4 Driver s Licence which authorizes the Applicant to operate a Taxi for the purpose of carrying passengers for Hire; (3) be licensed as a Taxi Business and provide a copy of such Licence, or be employed by a Taxi Business or have been offered employment by a Taxi Business upon obtaining a Chauffeur Permit, and provide a letter from the Taxi Business confirming such employment; (4) within the previous five (5) years, have had no more than: (A) (B) (C) three (3) Vehicle collisions for which the Applicant was determined to be At-Fault; five (5) Vehicle moving violations, including both convictions and current charges before the courts; or two (2) prohibitions against driving; under any applicable Federal or Provincial law; (5) not be currently before the courts in respect of, or convicted of, any offence involving violence, dishonesty or driving conduct that, having regard to the safety, protection and convenience of the public, is relevant to the Applicant s fitness to operate a Taxi; (6) be thoroughly familiar with the City s geography and have a competent knowledge of traffic rules and regulations in the City and the requirements of this Bylaw, the Motor Vehicle Act, RSBC 1996, and the Passenger Transportation Act, SBC 2004;

9 Bylaw No Page 5 (7) be able to communicate effectively in the English language, both orally and in writing, including the ability to complete the Chauffeur Permit application form without assistance; and (8) have successfully completed the TaxiHost Pro training course for drivers offered by the Justice Institute of British Columbia or, where TaxiHost Pro training is unavailable, an equivalent driving course approved by the Chief Constable, designed to develop and enhance the driver s knowledge, skills and attitudes. (e) Duration of Chauffeur Permit (ii) Every Chauffeur Permit issued under this Bylaw will expire not later than two (2) years from the date of issue. Despite Subsection, the Chief Constable may issue a temporary Chauffeur Permit for such time period and subject to such terms and conditions as the Chief Constable considers appropriate, so as to allow an Applicant sufficient time to meet one (1) or more of the requirements of Paragraphs (6), (7) or (8) of Subsection (d). (f) Authority to Suspend or Cancel (ii) (iii) (iv) The Permit Holder who is charged with or convicted of an offence under the Criminal Code must immediately notify the Chief Constable. The Permit Holder who is charged with or convicted of an offence under the Motor Vehicle Act must immediately notify the Chief Constable and provide the Chief Constable with a certified abstract of his driving record. The Chief Constable may immediately cancel a Chauffeur Permit, or suspend a Chauffeur Permit for such period of time as the Chief Constable considers appropriate, in the circumstances, if the Chief Constable is of the opinion that, having regard to the safety, protection and convenience of the public, a Permit Holder is no longer fit to act as a Chauffeur in the City. Without limiting the generality of Subsection, the Chief Constable may immediately cancel or suspend a Chauffeur Permit if thepermit Holder: (1) is subject to allegations that would, if determined to be true, jeopardize the safety of the public and likely result in a cancellation or lengthy suspension of the Chauffeur Permit;

10 Bylaw No Page 6 (2) has committed an offence under this Bylaw or any other bylaw of the City or of any statute of a province or Canada which is relevant to the Permit Holder s fitness to act as a Chauffeur; (3) no longer meets the qualifications prescribed under this Bylaw for the issuance of a Chauffeur Permit; or (4) is using or trafficking in Intoxicants. (g) Notification of Refusal, Suspension or Cancellation (ii) (iii) (iv) The Chief Constable must notify the Applicant or Permit Holder, in writing, within 24 hours of any refusal to issue, suspend or cancel a Chauffeur Permit, stating the reasons. An Applicant or Permit Holder may make written submissions to the Chief Constable within ten (10) business days of being notified of a refusal to issue, cancellation or suspension of a Chauffeur Permit, and the Chief Constable must consider the submissions, reconsider his or her decision and notify the Applicant or Permit Holder in writing of the outcome of that reconsideration within ten (10) business days of receiving such submissions. Where an Applicant or Permit Holder makes submissions under Subsection (ii), the Chief Constable and the Applicant or Permit Holder may agree in writing to an arrangement to address deficiencies or remedy non-compliance with this Bylaw, and such arrangement may include, without limitation, terms and conditions relating to the length of suspension, completion of driver training or any other matter. Every Taxi Business must, within 24 hours of employing or terminating the employment of a Taxi driver, notify the Chief Constable, providing the name of the Taxi driver. If termination of a driver s employment is related to concern for the safety, protection or convenience of the public, in notifying the Chief Constable, the Taxi Business must also indicate the reason for termination. (h) Appeal of Decision Written Notice An Applicant or Permit Holder may: within ten (10) business days of receipt of the Chief Constable s notification of the outcome of his reconsideration under Subsection (g) (ii), or

11 Bylaw No Page 7 (ii) where no submissions for reconsideration were made to the Chief Constable, within 15 business days of receipt of a notice of refusal to issue, suspension or cancellation under Subsection (g) ; appeal the Chief Constable s decision to Council, in accordance with the City s Appeal Procedure Bylaw, Decision Confirmed or set Aside by Council The City Clerk will schedule a hearing with Council and, on hearing the appeal, Council may confirm or set aside the decision of the Chief Constable to refuse to issue, suspend or cancel a Chauffeur Permit, on terms its deems appropriate. (j) Chauffeur Permit Possession and Inspection Every Permit Holder must: (ii) (iii) have the Chauffeur Permit in his possession at all times while driving, operating or being in care and control of a Taxi which is carrying passengers for Hire on any Highway in the City; produce the Chauffeur Permit for inspection at any time upon the request of a Licence Inspector or a passenger; and display the Chauffeur Permit on the dash of the Vehicle, including the date that the permit is valid, so that it is visible to passengers in the rear seat, unless excluded under Subsection (a) (ii). (k) Taxi Conditions A Taxi Business must, at all times, maintain each Taxi it licenses for operation in the City in a clean, neat and tidy condition and in a reasonable state of operational maintenance and repair. Without limiting the foregoing, no Taxi Business may operate, or cause, permit or allow the operation of a Taxi in the City with torn upholstery, large visible stains, inoperable door or window controls, missing paneling or upholstery, major body dents or other significant deficiencies or damage. 5. RENTAL VEHICLES (a) Rental Vehicle Licencee and Operator Prohibitions Every Rental Vehicle Licencee or Operator must ensure that a Rental Vehicle is not offered to any person, nor must any person be allowed to drive such Vehicle: (1) who is under the influence of Intoxicants, or who, the Licencee or Operator has reason to suspect, may use such Vehicle for any unlawful purpose; or

12 Bylaw No Page 8 (2) for the transportation of passengers for Hire. (ii) Every Rental Vehicle Licencee and Operator must: (1) maintain a Vehicle for Hire Business Office in the City, except that the office may be that of another Licencee; (2) keep a record, which must be open at all reasonable times to the inspection of the Chief Constable or the Licence Inspector, in which each Vehicle rental is recorded and must contain the following information: (A) (B) (C) the make, model and colour, Provincial licence plate number, and the Vehicle Iidentification Number (VIN) of such Vehicle; the name, address, and the Driver's Licence number of the person renting the Vehicle; and the date and time of the rental. (iii) The record required under Paragraph (2) of Subsection must be signed by every person renting such Vehicle. (b) Notwithstanding the provisions of this Section, a moving company or other person ordinarily engaged in the business of transporting property for Hire may use a Rental Vehicle to transport such property in connection with his business. 6. DRIVER TRAINING VEHICLES Driver Training Vehicle Requirements (a) Every Driver Training Vehicle must, while in use: (ii) (iii) (iv) be equipped in accordance with the provisions of the Motor Vehicle Act, RSBC 1996; be under the control of a driving instructor licenced in accordance with the Motor Vehicle Act, RSBC 1996; be occupied only by an instructor and the pupil, except that in the case of a student from any senior secondary school or other group or organization receiving instruction, three (3) additional students from that school, group or organization may be passengers in the Vehicle; and display on the rear or front door of each side of each Vehicle, the business name and a telephone number of the Licencee or Operator.

13 Bylaw No Page 9 (b) (c) Every Driver Training Vehicle Licencee or Operator must maintain a Vehicle for Hire Business Office in the City, which may be that of another Licencee in the City, or may be a business office for which he is licenced in another municipality. A person must not carry on the business of teaching or instructing in the driving of a Vehicle unless a Driver Training Vehicle conforming to the requirements of Subsection (a) is used for that purpose. 7. TOW-TRUCKS (a) Tow-Truck Licencee and Operator - General Responsibilities Every Tow-Truck Licencee or Operator must: (1) paint or permanently affix either the business name or the name of the owner of the Tow-Truck, on each side of each Tow-Truck, and such name must be printed in lettering not less than 10 centimeters high and must be kept clear, clean and distinguishable at all times; (2) ensure that each Tow-Truck driver employed by such Licencee or Operator keeps a daily record comprising of the: (A) (B) (C) make, model, colour, Provincial licence plate number, and the Vehicle Identification Number (VIN) of each towed Vehicle; and reason for the tow, and the date, time, origin and destination of each Vehicle towed, as well as the towing fee charged; have a telephone listed in the telephone directory under the business name by which he operates, or if no such name, then under the Licencee s own name; and (3) maintain a Vehicle for Hire Business Office in the City, except that the office may be that of another Licencee. (ii) The daily record referred to in Paragraph (2) of Subsection (a) must be retained for inspection, at the request of the Licence Inspector, for a period of six (6) months from the date the Vehicle in question was towed. (iii) The Vehicle for Hire Business Office required under Paragraph (3) of Subsection, must at all times be: (1) maintained in a clean, neat state, and in good repair; and

14 Bylaw No Page 10 (2) in compliance with all City bylaws with respect to building, business licensing, zoning and health. (b) Tow-Truck Driver - Responsibilities at the Scene of an Accident Every Tow-Truck driver must: (1) before towing any Vehicle, supply the owner or driver of the Vehicle being towed, if present, with written information which: (A) (B) is signed by and identifies the Tow-Truck driver and by the Licencee, or Operator, by whom such driver is employed; and clearly states the destination to which the towed Vehicle will be taken, provided that where the owner of the towed Vehicle is injured, or was removed from the scene of the accident, the written information must be given to any attending Police Officer; and (2) clear the streets and public walks of all broken glass and other debris resulting from an accident. (ii) A Tow-Truck driver must not: (1) provide towing services at the scene of a Vehicle accident, whether presence there is by coincidence or otherwise, unless requested to do so by the owner or driver of the Vehicle involved in that accident, or by any attending First Responder; (2) solicit or suggest a specific destination for the Vehicle being towed if requested to tow a Vehicle from the scene of an accident, unless requested to do so by the owner or driver of the Vehicle; (3) obstruct or attach to a Tow-Truck, a Vehicle which is occupied; or (4) deliver a towed Vehicle to any destination other than the one stated on the written information referred to in Paragraph (1), unless specifically requested to do so by the owner or driver of the Vehicle, or by any attending First Responder.

15 Bylaw No Page 11 (c) Towing of Vehicles from Private Parking Lots A Vehicle must not be towed from any private Parking Lot at any time without the consent of the Vehicle owner, unless: (1) at the time such Vehicle is towed, towing company information signs; complying with the provisions of Subsection (iv) are clearly displayed on the said Parking Lot; and (2) a completed Part A of a Tow-away Notice, in a form to be prescribed by the General Manager, Finance and Corporate Services or designate on which the name of the person authorizing the Vehicle tow must be clearly printed, has been placed on the Vehicle by the private Parking Lot owner, business tenant, employee or agent, none of whom may be in the employ of a towing company. (ii) A Vehicle must not be towed from any No Parking Area at any time, without the consent of the Vehicle owner, unless at the time such Vehicle is towed: (1) the No Parking Area is clearly marked with yellow paint on the curb and/or roadway or by other clearly visible means; (2) a tow company information sign is clearly displayed adjacent to the No Parking Area which: (A) has minimum dimensions of 30.5 centimeters (12 inches) by 45.7 centimeters (18 inches), with letters and numbers of not less than 2.5 centimeters (1 inch) in height; (B) (C) (D) is clearly visible from the No Parking Area being towed from; indicates that Vehicles Parked in the No Parking Area will be towed; and contains the name and telephone number of the towing company which will remove unauthorized Vehicles from the property, and the location to which towed Vehicles will be taken; and (3) a completed Part A of a Tow-away Notice in a form to be prescribed by the General Manager, Finance and Corporate Services or designate, on which the name of the person authorizing the Vehicle tow must be clearly printed, was placed on the Vehicle by the property owner, business tenant, employee or agent, none of whom may be in the employ of a towing company.

16 Bylaw No Page 12 (iii) The provisions of: (1) Subsections and (ii) do not apply for the towing of any Vehicle which is improperly Parked for a period of 24 hours, or longer; and (iv) The tow-away warning signs stipulated in Paragraph (1) of Subsection must: (1) be erected and maintained by the owner or occupier of the property on which the private Parking Lot is located; and (2) meet the following requirements: (A) have minimum dimensions of 61 centimeters (24 inches) by 76.2 centimeters (30 inches), with letters and numbers of not less than 2.5 centimeters (1 inch) in height; (B) (C) (D) (E) (F) be clearly visible at all times; be conspicuously posted at all entrances and exits to the property; be located no further than 50 meters (164 feet) from any area of the private Parking Lot being controlled; use wording which must be approved by the Licence Inspector, to indicate the circumstances under which Vehicles will be towed; and clearly state whether or not Vehicles are subject to being towed after business hours. (v) (vi) The requirements of Paragraph (2) (D) of Subsection (iv) may be reduced where deemed appropriate by the Licence Inspector. Every Tow-Truck driver must: (1) where a Vehicle is to be removed from a private Parking Lot or No Parking Area pursuant to a Tow-away Notice: (A) complete Part B of the Tow-away Notice, as shown on Schedule B ; and must, at the time of removal of the Vehicle, sign both copies, print his name, and leave the duplicate copy on the windshield of the towed Vehicle; and

17 Bylaw No Page 13 (B) retain the original copy for a period of 90 days for inspection upon request, by the Licence Inspector. (2) release a Vehicle immediately if it becomes occupied after it is Attached to a Tow-Truck, but before it is removed from a private Parking Lot or No Parking Area, in which case storage and towing fees, costs and charges may be charged in the amounts set out in the Motor Vehicle Act, RSBC 1996, Lien on Impounded Motor Vehicles Regulation; and (3) provide the driver with a full written accounting on company stationery of all fees, charges and taxes paid. (vii) In addition to the restrictions in Subsection (b) (ii), a Tow-Truck driver must not: (1) obstruct or attach the Tow-Truck to a Vehicle on a private Parking Lot on which Parking is time-regulated, until 30 minutes have elapsed from the expiration of the regulated time limit; (2) tow a Vehicle from a private Parking Lot or No Parking Area, unless it is taken directly to the licenced Vehicle Impound Lot; (3) obstruct or Attach a Vehicle until after ten (10) minutes have elapsed from the time indicated in Part A of the Towaway Notice, as shown on Schedule B, where such Vehicle is Parked in an unauthorized space by reason only of its location in an area specifically reserved for a tenant other than the tenant on the same multi-tenant commercial property with whom the driver is conducting business; or (4) obstruct or Attach a Vehicle which is occupied. (viii) Towing Authorized by Police Officer or Bylaw Enforcement Officer (1) A Police Officer or Bylaw Enforcement Officer may order the towing of a Vehicle Parked in a private Parking Lot if it is deemed necessary in the performance of their duty. (2) The Police Officer or Bylaw Enforcement Officer will provide the Tow Truck Operator with written instructions to remove the Vehicle. (d) Vehicle Impound Lot A Vehicle Impound Lot maintained by a Tow-Truck Licencee or Operator must:

18 Bylaw No Page 14 (1) be located within the City in an area where such use is permitted under the provisions of the City s Zoning Bylaw, 2014; (2) be located at the address shown on the Licence of the Tow-Truck Licencee or Operator; (3) be protected by a locked fence and have an attendant on duty at all times when it contains any Vehicle which is impounded; and (4) have a valid Business Licence issued by the City. (ii) When the attendant is not on duty at the impoundment lot, a telephone number must be posted at the access to the storage compound where an attendant can be reached (e) Tow-Truck Licencee and Operator - Vehicle Impound Lot Responsibilities Every Tow-Truck Licencee or Operator who maintains a Vehicle Impound Lot must: (1) within one (1) hour of the arrival of a towed Vehicle at a Vehicle Impound Lot, advise the Chief Constable of the impoundment, and create a record comprising of the: (A) (B) make, model, colour, Provincial licence plate number, and the Vehicle identification number (VIN) of each towed Vehicle; and reason for the tow, and the date, time, origin and destination of each towed Vehicle, as well as the towing fee charged; (2) maintain the record described in Paragraph (1) of all impounded Vehicles which remain unclaimed or uncollected more than 14 days after impoundment, and deliver a copy of such record to the Chief Constable within three (3) business days of the end of each calendar month; (3) send written notification within the next 21 days, to the owner, if a Vehicle remains unclaimed or uncollected for more than 48 hours after impoundment, unless the Vehicle has already been claimed; (4) release an impounded Vehicle to the driver within 20 minutes of receiving full payment due under Subsection (f), subject to any hold order issued by the Chief Constable;

19 Bylaw No Page 15 (5) provide the driver with a full written accounting on company stationery of all fees, charges and taxes paid; and (6) remove the original copy of the Tow-away Notice from the towed Vehicle and retain it for a period of 90 days for inspection, upon request, by the Licence Inspector. (ii) The record referred to in Paragraph (1) of Subsection (e) must be retained for inspection, at the request of the Licence Inspector, for a period of six (6) months from the date the Vehicle in question was towed. (f) Towing of Vehicles - Rates (ii) The maximum fees, costs, charges and surcharges for the transportation, towing, care, storage, disposition and other related activities respecting the impounding of Vehicles are those set out in the Motor Vehicle Act, RSBC 1996, Lien on Impounded Motor Vehicles Regulation. A Tow-Truck Licencee or Operator must not charge a Vehicle owner any fee for the services of any agent of the owner of the property from which the Vehicle was towed, or any other fees or charges other than those set out in the Motor Vehicle Act, RSBC 1996, Lien on Impounded Motor Vehicles Regulation. (g) Towing of Vehicles - Sign Requirements for Persons with Disabilities Parking spaces which are reserved exclusively for Vehicles displaying an approved Parking placard for a Person with Disabilities must be clearly marked by signs erected by the private Parking Lot owner or business tenant, which denote such restriction, and which show the international symbol for a Person with Disabilities. 8. VEHICLES FOR PERSONS WITH DISABILITIES (Taxi for Persons with Disabilities) In addition to the requirements of Section 4 regarding Taxi for Persons with Disabilities, a Taxi driver must not transport persons in a Taxi for Persons with Disabilities unless at least one (1) of the persons being transported is a Person with Disabilities, except that an able-bodied person who accompanies a Person with Disabilities on a portion of a round-trip may travel unaccompanied in the same Vehicle on the remainder of the journey.

20 Bylaw No Page OFFENCE AND PENALTIES (a) Notwithstanding the offence and penalties as provided under the Community Charter or Local Government Act, the following will apply: (ii) (iii) a violation of any of the provisions identified in this Bylaw will result in liability for penalties and late payment amounts established in the City s Bylaw Notice Enforcement Bylaw, 2007, and Municipal Ticket Information Bylaw, 2007; a violation of any of the provisions identified in this Bylaw will be subject to the procedures, restrictions, limits, obligations and rights established in the Bylaw Notice Enforcement Bylaw, 2007, in accordance with the Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60; a person who: (1) contravenes, violates or fails to comply with any provision of this Bylaw; (2) suffers or allows any act or thing to be done in contravention or violation of this Bylaw; or (3) fails or neglects to do anything required to be done under this Bylaw, is deemed to have committed an infraction of, or an offence against, this Bylaw; and is liable on summary conviction to a fine of not more than Ten Thousand Dollars ($10,000.00); and (iv) each day such infraction is caused, or allowed to continue, constitutes a separate offence. (b) The authority to operate any Vehicle for Hire is deemed to be suspended if such Vehicle does not pass any Vehicle safety inspections required by the Motor Vehicle Act, RSBC 1996.

21 Bylaw No Page REPEAL Bylaw Nos , Private Parking Lot Vehicle Removal By-law, 1998 and , Taxi Driver Regulation Bylaw, 2009, and all amendments, are hereby repealed. READ A FIRST TIME this day of, 2017 READ A SECOND TIME this day of, 2017 READ A THIRD TIME this day of, 2017 ADOPTED this day of, 2017 I hereby certify this to be a true copy of the original bylaw Henry Braun Mayor Katie Karn Deputy City Clerk William Flitton Corporate Officer

22 Bylaw No Page 18 SCHEDULE A In this Bylaw: DEFINITIONS Airport Taxi means a Vehicle regulated by another municipality whose regulations are equivalent to those for a Taxi, and used solely for transporting passengers from an airport within the City. Antique Limousine means a chauffeur-driven sedan Vehicle at least 50 years old, and hired only by prior reservation for an extended engagement or special purpose. Applicant means a person applying to obtain or renew a Chauffeur Permit under this Bylaw; Assistance Dog means a dog specifically trained to assist a blind, deaf or other physically disabled person in the performance of daily activities. At-Fault means a determination by the Insurance Corporation of British Columbia (ICBC) or a court of competent jurisdiction, that the owner or Operator of a Vehicle was more than 25% responsible for a collision; Attached means connected to a Tow-Truck by an approved lifting device. Bus Limousine means a conventional bus, coach or truck which has been modified so that the seats in the passenger compartment are located along the perimeter of the vehicle, and is hired only by prior reservation for an extended or special purpose. Bylaw Enforcement Officer has the same meaning as defined in the City s Bylaw Notice Enforcement Bylaw, 2007; Charter means a Vehicle for Hire, Hired by pre-arrangement and for which a prearranged fee is charged. Charter Minibus means a Vehicle having a Seating Capacity for eight (8) or more passengers, and operated for the transportation of parties by Charter. Chauffeur means a person who drives a Vehicle for Hire, or who, as an employee Hired or engaged solely or in part for the purpose of driving a Vehicle of another person, drives that Vehicle. Chauffeur Permit means a municipal chauffeur permit issued under this Bylaw by the Chief Constable under authority of the Motor Vehicle Act, RSBC 1996, and includes a temporary chauffeur permit. Chief Constable means the Chief Constable of the City of Abbotsford Police Department or designate. "City" means the City of Abbotsford.

23 Bylaw No Page 19 SCHEDULE A (cont d) DEFINITIONS (cont d) Commercial Passenger Vehicle has the same meaning as defined in the Passenger Transportation Act, SBC Council means the municipal council of the City. Driver s Licence means a valid driver s licence issued pursuant to, or an equivalent licence recognized under the Motor Vehicle Act, RSBC Driver Training Vehicle means a Vehicle used for the purpose of teaching driving. Driving History includes the history of convictions under all applicable Federal, and Provincial laws, At-Fault collisions, police reports and all other relevant and credible sources of information pertaining to the driving practices of an Applicant. General Manager, Engineering means the General Manager, Engineering and Regional Utilities, for the City or designate. Fire Fighter has the same definition of Member as set out in the City s Fire Services Bylaw, First Responder means a Police Officer or Fire Fighter. Intoxicants means an intoxicating agent, including but not limited to, alcoholic liquor, controlled substances or prescription drugs. Hire means the fare, fee or rate charged from any person engaging a Vehicle for Hire, for the transportation of people or their baggage. Highway has the same meaning as set out in the City s Street and Traffic Bylaw, Hospital Transfer means non-emergency patient transfer services for hospital patients. Licence means any business licence required or issued under the provisions of the City s Business Licence Bylaw, Licence Inspector means the Licence Inspector as defined in the City s Business Licence Bylaw, 2006, and Bylaw Enforcement Officers; and includes the supervisors for these positions. Licencee means the person to whom a Business Licence has been issued under the City s Business Licence Bylaw, Limousine means an Antique Limousine, Bus Limousine, Luxury Limousine, Sedan Limousine, Sport Utility Limousine or Stretch Limousine.

24 Bylaw No Page 20 SCHEDULE A (cont d) DEFINITIONS (cont d) Luxury Limousine means a four-door sedan Vehicle registered as a Rolls Royce or Bentley, and hired only by prior reservation for an extended engagement or special purpose. No Parking Area means an area of land which must be kept clear for the following purposes: (a) (b) (c) emergency Vehicle access; emergency exit route for pedestrians; or garbage disposal Vehicle access; and which has been designated by the owner, in accordance with this Bylaw, as an area where Parking of Vehicles is not permitted. Operator means any person who, as a proprietor, lessee, manager, employee or otherwise, carries on the operating of a Vehicle for Hire business on behalf of a Licencee, and includes any person managing or supervising such business. Park/Parked/Parking means the standing of a Vehicle, whether occupied or not, other than up to five (5) minutes for the purpose of, and while actually engaged in, loading or unloading of property, goods, or the discharging or taking on of passengers, or in compliance with the directions of a: (a) (b) Police Officer, a Licence Inspector, or a person contracted by the City for traffic regulation purposes, or traffic control device. Parking Lot means any area of land, or land and building, which is used for the purpose of providing Parking facilities for Vehicles, but does not include an area where such Parking is an ancillary use to a single-family dwelling. Private Bus means a Vehicle having a Seating Capacity for not less than 12 passengers, used solely for the transportation of passengers and their baggage, and operated over a fixed route, or by Charter, and includes a Vehicle used for the transportation of children to and from school and operated by or under contract with the owner of such school, but excludes a school bus owned or leased and operated by any School District in the Province of British Columbia. Permit Holder means a person who holds a valid and subsisting Chauffeur Permit under this Bylaw.

25 Bylaw No Page 21 SCHEDULE A (cont d) DEFINITIONS (cont d) Person with Disabilities means a person whose mobility is limited as the result of a permanent or temporary disability which makes it difficult or impossible to use a conventional Taxi. Police Officer means a member of the Abbotsford Police Department. Rental Vehicle means a Vehicle which may be rented by the hour, day, week or month without a Vehicle for Hire driver, but excludes a Vehicle leased on a yearly basis or for a longer period, and is classified as follows: (a) (b) Group 1 - Rental Vehicles equipped with less than four (4) wheels, including motorcycles and motorscooters; Group 2 - all Rental Vehicles not included in Group 1 above. Seating Capacity means the rated passenger load assigned to a Vehicle as shown on the Vehicle registration. Sedan Limousine means a full sized, four-door sedan Vehicle of a manufacturer s top quality line, with a closed body, a maximum seating capacity of five passengers, and an original, unaltered wheelbase of not less than cm (113 inches), and hired only by prior reservation for an extended engagement or special purpose. Sedan Limousine includes an eco-friendly sedan limousine approved by the Passenger Transportation Board provided it meets the requirements of Operational Policy IV.3. Senior Licence Inspector means the City s Senior Business Licence Inspector or designate. Sidewalk has the same meaning as set out in the City s Street and Traffic Bylaw, Sightseeing Taxi means a Vehicle used for sightseeing trips, and having a total Seating Capacity of ten (10) or more passengers. Sport Utility Limousine means a four-door Vehicle having the combined features of a sedan and truck and identified as a sport-utility Vehicle by the manufacturer, with a closed body, a maximum seating capacity of eight passengers and an original, unaltered wheelbase of not less than cm (116.0 inches), and hired only by prior reservation for an extended engagement or special purpose. Stretch Limousine means a four-door sedan Vehicle or a stretched sport utility motor Vehicle having the combined features of a sedan and truck and identified as a sport utility Vehicle by the manufacturer, with a closed body, a minimum seating capacity of six passengers, and hired only by prior reservation fo an extended engagement or special purpose. Taxi has the same meaning as defined in the Motor Vehicle Act, RSBC 1996.

26 Bylaw No Page 22 SCHEDULE A (cont d) DEFINITIONS (cont d) Taxi Business means a person licensed under the authority of the Passenger Transportation Act, SBC 2004, to operate one (1) or more Taxis. Taxi for Persons with Disabilities means a Taxi of a type and design which is used primarily for transporting a person with disabilities, and which is equipped with a hydraulic lift or ramp, or other equipment for loading or unloading persons who use wheelchairs for mobility. Taximeter means a mechanical or electronic instrument or device by which the charge for transportation in any Taxi under Hire is mechanically or electronically calculated, either for distance travelled or for waiting time, or both, and upon which the charge is indicated by means of figures. Tow-Truck means a Vehicle designed or adapted for use as a means of towing other Vehicles. Vehicle includes automobiles, trucks, motorcycles and all other vehicles propelled other than by muscular power, excepting trailers. Vehicle for Hire means any Vehicle used for the transportation of passengers for Hire, and includes the following classes of Vehicle: (a) (b) (c) (d) (e) (f) (g) (h) (j) Airport Taxi; Charter Minibus; Driver Training Vehicle; Limousine; Private Bus; Rental Vehicle; Sightseeing Taxi; Taxi; Taxi for Persons with Disabilities; and Tow-Truck. Vehicle for Hire Business Office means any building or premises, other than a public stand, from which such Vehicles may be obtained or dispatched, and in which the Licencee s records are kept.

27 Bylaw No Page 23 SCHEDULE B 1. FORM OF TOW-AWAY NOTICE AND REGULATIONS (for Towing of Vehicles from Private Parking Lots) Page 1 of 2 TOW-AWAY NOTICE ISSUED PURSUANT TO CITY OF ABBOTSFORD BYLAW NO PART A TO: (Towing Company) (Address) (Phone Number) This is your authority to remove the Vehicle described below from the parking lot located at: (Street Address) TYPE OF LOT Metered Unmetered VEHICLE DESCRIPTION Make Model Colour Licence No. B.C. Other Date Time A.M. P.M. REASON FOR REMOVAL Parked in fire lane No permission to occupy Disabled persons parking violation No contract to occupy Vehicle is a hazard No meter ticket Vehicle is an obstruction Meter ticket expired over 30 minutes Other

28 Bylaw No Page 24 BYLAW NO PROHIBITS COMPLETION OF PART B BEFORE COMPLETION OF PART A PART B This Tow-away Notice is issued by: (Authorization Number) Tow Truck No. as: owner of lot an operator an occupier an agent of owner occupier operator Tow Truck Driver Tow-away Date Tow-away Time (Signature) (Driver s Initials) White - to be left on Vehicle for Tow-Truck driver Blue - to be left on Vehicle for owner Pink - to be forwarded to Chief Constable Yellow - to be retained by the issuer

29 Bylaw No Page 25 SCHEDULE B (cont d) Page 2 of 2 2. Every Tow-away Notice must be substantially in the form shown in Section 1 of this Schedule, and must be approximately 20.5 centimetres (8 inches) long by 11.5 centimetres (4-1/2 inches) wide, except that additional information, including diagrams, may be added below Part B. 3. It is unlawful to be in possession of a Tow-away Notice on which Part B is completed before completion of Part A.

30 BYLAW NOTICE ENFORCEMENT BYLAW, 2007, AMENDMENT BYLAW NO. 45 Bylaw No Page 1 The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS: 1. CITATION Bylaw No may be cited as Bylaw Notice Enforcement Bylaw, 2007, Amendment Bylaw No AMENDMENTS Bylaw No , cited as Bylaw Notice Enforcement Bylaw, 2007, as amended, is further amended by: (a) adding a new Section (e), and renumbering all subsequent subsections, as follows: (e) Licence Inspector; (b) deleting Sections 20, Private Parking Lot Vehicle Removal By-law, 1998, Bylaw No , and 31, Taxi Driver Regulation Bylaw, 2009, Bylaw No , and renumbering all subsequent sections; and (c) adding a new Schedule B, Section 32, Vehicle for Hire Bylaw, 2017, Bylaw No , in alphabetical sequence, and renumbering all subsequent sections, as set out in the attached Appendix 1. READ A FIRST TIME this day of, 2017 READ A SECOND TIME this day of, 2017 READ A THIRD TIME this day of, 2017 ADOPTED this day of, 2017 I hereby certify this to be a true copy of the original bylaw Henry Braun Mayor Katie Karn Deputy City Clerk William Flitton Corporate Officer