THE CORPORATION OF THE CITY OF BURLINGTON
A by-law to prohibit
unnecessary idling of vehicles within the City of Burlington
WHEREAS section
11(2)(5) of the Municipal Act, S. O. 2001, Chapter 25, as amended,
authorizes municipalities to pass by-laws for the economic, social and
environmental well-being of the municipality; and
WHEREAS section 11(2)(6) of the Municipal
Act, S.O. 2001, Chapter 25, as amended authorizes municipalities to pass by-laws
related to the health, safety, and well-being of persons; and
WHEREAS section
11(3)(8) of the Municipal Act, S. O. 2001, Chapter 25, as amended,
authorizes municipalities to pass by-laws for parking; and
WHEREAS section
100.1(1) of the Municipal Act, S. O. 2001, Chapter 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 section 128(1) of the Municipal Act, S. O. 2001,
Chapter 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 section 425(1) of the Municipal
Act, S.O. 2001, Chapter 25, as amended, authorizes municipalities to pass
by-laws provided that any person who contravenes a municipal bylaw passed under
this Act be guilty of an offence; and
WHEREAS section
429(1) of the Municipal Act 2001, S.O.
2001, Chapter 25, as amended, provides that a municipality may establish a
system of fines for offences under a bylaw passed under this Act; and
WHEREAS section
436(1) of the Municipal Act, S. O. 2001, Chapter 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 this Act is being complied with; and
WHEREAS the
City of Burlington 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 Burlington hereby enacts as follows:
1.0 SHORT TITLE:
This by-law may be cited as the “Idling
Control Bylaw.”
2.0 DEFINITIONS:
“City” means the Corporation of the City of
Burlington.
“Drive-through”
means the uses of land, buildings or structures, or
parts thereof, to provide or dispense products or services, either wholly or in
part, through an attendant or a window or an automated machine, to persons
remaining in motorized vehicles that are in a lane designated for that purpose.
“Emergency vehicle” includes an
ambulance, fire department, police and any other vehicle being used to respond
to an emergency.
“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.
“Idling” means the parking or stopping of a vehicle,
while the engine is running and is not being used to operate auxiliary
equipment that is essential to the basic function of the vehicle.
“Layover” means a stopping point along a transit route
used
by transit vehicles or a scheduled delay at a transit vehicle terminal for a
maximum of five minutes to allow transit vehicles to adjust to service
schedules or to allow for embarking or disembarking of passengers.
“Mobile
work” means
a)
a
vehicle containing equipment that must be operated inside or in association
with the vehicle; or
b)
a
vehicle serving as a facility for taking measurements or making observations or
conducting maintenance or construction.
“Municipal property” means real property owned by the Corporation
of the City of Burlington.
“Officer” means any person authorized by the Corporation of the City of
Burlington to enforce parking by-laws and shall include Parking Enforcement
Officers, Provincial Offences Officers and Halton Regional Police Officers.
“Private property” means real property owned by persons, other
than property owned by the Corporation of the City of Burlington
and includes real property owned by individuals, local boards, corporations and
public authorities.
“Transit
vehicle” means public
transit vehicles, tour buses, and motor coaches.
“Vehicle” means a motor vehicle, trailer, traction
engine, farm tractor, or road building machine as defined in the Highway
Traffic Act and any vehicle drawn, propelled, or driven by any kind of
non-muscular power, but does not include cars of electric or diesel electric
railways running exclusively upon rails. Vehicle also includes a motorized snow vehicle
or other conveyance that operates by way of a combustion engine.
3.0 APPLICATION
This by-law
applies to:
a) Private property;
b) Municipal property;
c) Highways forming part of the road system
under the jurisdiction of the Corporation of the City of Burlington; and
d) Highways forming
part of the road system under the jurisdiction of the Corporation of the
Regional Municipality of Halton which are within the boundaries of the City of
Burlington.
4.0 PROHIBITIONS
No person shall cause or permit a vehicle to
idle for more than one minute (60 seconds) in the following areas:
a)
On a highway;
b)
On
private property; and
c)
On
municipal property.
5.0
EXEMPTIONS
The one minute (60 second) limit does not
apply to the following situations, except where idling is substantially for the
convenience of the operator of the vehicle:
a)
Emergency
vehicles while engaged in operational activities, including training and
patient transfer activities;
b)
A
vehicle that is stationary because of an emergency, traffic conditions
(including but not limited to traffic control signals) or mechanical difficulties over which the driver
has no control;
c)
A
vehicle transporting a person who has in their possession a medical doctor’s
certificate stating that for medical reasons, the person requires the
temperature or humidity to be maintained within a certain range and the idling
of the vehicle is necessary to achieve that temperature or humidity level;
d)
Mobile
work vehicles while they are in the course of being used for their basic
function;
e)
Vehicles
where idling is required as part of the repair process or to prepare the vehicle
for service;
f)
Transit
vehicles while at a layover. When there are no passengers/operator on board,
the engine will be turned off;
g)
Vehicles
engaged in a parade or any other event authorized by the municipality; and
h)
Vehicles which are operated on the
travelled portion of a drive-through lane.
6.0 ADMINISTRATION AND ENFORCEMENT
6.1 This by-law can be administered and
enforced by any police officer, municipal law enforcement officer or any other
person authorized by the City of Burlington.
6.2 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.
6.3 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 the offence by the person
convicted and such order shall be in addition to any other penalty imposed on
the person convicted.
6.4 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.
6.5 If a court of competent jurisdiction declares any section or part of
this by-law invalid or unenforceable the remainder of the bylaw shall continue
to be in force.
7.0
REPEAL
7.1 Bylaw 71-2004 is hereby repealed on the
date this by-law takes effect.
8.0 ENACTMENT
8.1 This bylaw shall come into force and take
effect on June 1, 2009.
ENACTED AND PASSED this 14th day
of April, 2009.
MAYOR: ____________________________________
CITY CLERK: ________________________________