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RFD- 4163 Bylaws   Item #   10. b.    
Regular Council Meeting Agenda
Meeting Date: 12/14/2020  
Title:    C-1123-20 - Traffic Bylaw - Third Reading - Levasseur
Presenter: Corey Levasseur
Department: Planning & Infrastructure  
Strategic Vision Element: Where People Choose to Live - A dynamic city with an exceptional quality of life Related Goal: Citizens feel safe within their communities.

Information
Request for Decision Summary
Third reading of C-1123-20 - Traffic Bylaw is being brought forward for Council's consideration. This proposed bylaw is a result of a comprehensive review of the existing Traffic Bylaw C-911-15, and includes both minor changes to clean-up and re-organize the bylaw and more substantive amendments to address current traffic-related enforcement issues. 
Proposed Motion
That third reading be given to Bylaw C-1123-20 - Traffic Bylaw, as amended.
Background/Analysis
In November 2019, a comprehensive review of the Traffic Bylaw was initiated. The review included several stakeholder meetings to review the bylaw in detail and discuss potential amendments and their consequences.

Both technical and substantive amendments are proposed. The technical amendments include simplifying the wording, removing redundant wording, combining like sections, re-organizing the bylaw for logical flow and creating more headings and sub-headings so the bylaw is easier to follow. The more substantive amendments included defining terms for clarity, removing unnecessary or problematic sections, adding new sections to address current issues in the City, and adding/removing sections to address legal issues. The substantive amendments and the rationale for them are outlined in the attached “Traffic Bylaw Tracking Sheet – Proposed Amendments”. Any references in red in the “Traffic Bylaw Tracking Sheet – Proposed Amendments” are revisions that have been made to address Council's feedback at the November 23, 2020 Council meeting. Due to the number of amendments, the current version of the bylaw is proposed to be repealed and replaced by proposed C-1123-20 - Traffic Bylaw.

The substantive amendments that have significant policy implications are:

Recreational Vehicles on Highways - section 4.15(b), (c) and (d)
 
Individuals will not be permitted to park their Recreational Vehicles on a highway on a long-term basis. Parking Recreational Vehicles on highways creates a safety risk because:
  • due to their size they obstruct sight lines, and access to intersections and driveways; and
  • they impede pedestrian and vehicular traffic, including emergency vehicles particularly on narrower highways.
Loiter – section 4.9
 
This section provides a tool to allow a Peace Officer to approach a vehicle to ascertain the reason and purpose of the occupant’s intentions for being parked in a particular location. This section is not directed towards the general public, but towards individuals who may be engaging in illegal activities or have no clear purpose for being parked in a particular location.
 
Unduly Disturb – section 15.7
 
The amended bylaw allows the enforcement on an unduly disturbance at any time of the day. This will result in the means to enforce and ticket for excessive noise in residential areas and will assist in the promotion of more peaceful and tranquil neighbourhoods.

Permit Regulations – section 17

The current bylaw speaks to the requirement of a Permit for certain activities on a highway, but does not address regulations around Permits. Section 17 was added to address this. These regulations and the enforcement of same are important because if an individual undertakes an activity without a Permit or does not follow the terms and conditions of a Permit, this can put people and property at risk. 

Parking on Snow Routes Fine – Schedule 1
 
The fine for parking on a snow route has been reduced from $172.00 to $115.00. The rationale for this is that a Vehicle parked on a snow route that is in effect will be towed. This means the owner will have to pay the removal and impound charges to retrieve their Vehicle on top of paying the fine. It can be an onerous cost to pay a fine, removal fee and impound fee and so by lowering the fine amount, this lessens the overall cost while still ensuring the cost acts as a deterrent to contravention of this section.

Driveway Aids – Seasonal Prohibition - section 8.7

Further to feedback received from Council at the November 23, 2020 Council meeting section 8.7 has been amended. The proposed amendment indicates that Driveway Aids are only prohibited on a seasonal basis from November 1 - April 30, as opposed to year round. The seasonal prohibition accounts for the significant problems that Driveway Aids can cause during the winter months. In winter, during snow removal operations, Driveway Aids get pulled into snow blowers, which cause damage and lost production. The cost to remedy the damage can be quite high, and with a snow blower out of commission this means either the City has to pay to contract out the snow removal or reduce service levels.

The definition for a Driveway Aid has also been amended to indicate that a "Driveway Aid means a commercially produced rubber ramp that is designed to be placed on the Highway in order to assist with access to a driveway." A ramp made of any material other than rubber (eg. wood, metal, concrete) or a ramp that is not commercially produced (eg. rubber ramp that is home made) does not constitute a Driveway Aid and will be considered an obstruction under the bylaw.

Prior to any enforcement of the seasonal prohibition of Driveway Aids, there will be a public awareness campaign advising of the seasonal prohibition. For the remaining 2020-2021 winter season, the main focus will be on education. A greater emphasis on enforcement will occur for the 2021-2022 winter season.


Proposed amendments were also made to section 8.2 - Landscape Obstructions. Due to an administrative oversight key wording from this section was inadvertently removed prior to being presented to Council. The proposed amendments add the wording back in. The wording in question was originally approved by Council via an amending bylaw in 2019. Specifically, wording was re-added to subsection (b) to indicate that other than interfering with a highway, vegetative growth on private property cannot interfere with a public sidewalk and public pathway. A definition for pathway was added for clarity. Subsection (c) was added to indicate that vegetative growth on private property cannot interfere with an alley and that the verge of an alley must be maintained by the property owner. 

A redline of the proposed amendments since second reading is attached.
 
Options/Alternatives
Council may choose to refer the bylaw back to Administration to incorporate further amendments by making the following proposed motion:
 
That the motion for third reading of C-1123-20 – Traffic Bylaw, as amended be referred back to Administration to incorporate Council’s feedback. 
Consultation/Engagement
The City Clerk’s Office was the project lead for the comprehensive review of the Traffic Bylaw. The stakeholders that were consulted during the stakeholder meetings were Enforcement Services, Engineering, Public Works, Planning and Development, Recreation, Communications, Insurance and Risk Management and Cultural Services. Legal counsel reviewed the proposed bylaw and had no significant concerns from a legal perspective.

The Community Road Safety Advisory Committee (CRSAC) organizational meeting occured on November 18, 2020. Subsequent to this meeting the CRSAC will create a work plan which will identify the CRSAC's key priorities and goals based on its mandate as set out in the C-1098-19 - Community Road Safety Advisory Committee Bylaw. Based on their work plan, the CRSAC may choose to review the Traffic Bylaw from a safety policy perspective and make recommendations to Council regarding same. 
Implementation/Communication
Once approved, a few significant policy changes will be communicated to residents via a public awareness campaign. Enforcement Services staff will be briefed on the new and amended changes to ensure effective enforcement.
Impacts
The amended Traffic Bylaw will result in a bylaw that is easier to follow and understand and will help address enforcement issues that are currently occurring in the City.
Attachments
Proposed C-1123-20 Traffic Bylaw - Clean Copy
Proposed C-1123-20 Traffic Bylaw - Redline (Amendments since Second Reading)
Traffic Bylaw Tracking Sheet - Proposed Amendments
Current C-911-15 Traffic Bylaw

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