PROPOSED STREETS BYLAW NO. 980, 2019

“For the purpose of ensuring the safety of the Town, and subject to the proviso hereinafter contained, no person shall propel, drive, ride or run any roller skate, skidmobile, pushmobile, scooter, coaster, velocipede or other coasting device or thing of a similar nature upon any portions of the streets of the Town which lie between the curbs or sidewalks, or which is commonly used for vehicular traffic...”

Regarding cyclists, Bylaw No. 609 (Cyclist Provision, Section 130), states: “(6) A person must not operate a cycle (a) on a highway without due care and attention or without reasonable consideration for other persons using the highway, or (b) on a sidewalk without due care and attention or without reasonable consideration for other persons using the sidewalk.”

With respect to skateboarding, Bylaw No. 609, Section 132 states: “132 (1) A person must not ride a skateboard or other human powered device on a sidewalk. (2) A person must not ride a skateboard or other human powered device on a street, sidewalk or path in a public place where signs are displayed indicating that such activities are prohibited.”

To summarize, Bylaw No. 609, while not particularly clear, appears to permit:

• roller skates, scooter, etc. on sidewalks but not on cycle lanes or roadways;
• skateboards on cycle lanes and roadways but not on sidewalks; and
• cycles on sidewalks, cycle lanes, and roadways.

As written, Bylaw No. 980 states that skateboards, roller skates and in-line skates (roller blades) are not cycles and are therefore not permitted on cycle lanes. Cycle lanes are only to be used as follows: “5.1 A person shall not use a Cycle Lane unless that person is riding a Cycle.”

However, a provision in Bylaw No. 980 that discusses “driving on sidewalk” (Section 6.4) notes that roller skates and in-line skates are permitted on sidewalks while skateboards and cycles are not: “6.4 A person must not ride, drive, or propel any vehicle, Cycle, animal, or skateboard upon any Sidewalk unless otherwise permitted by a Traffic Control Device or this Bylaw.”

To summarize, Bylaw 980 proposes to permit:

• roller skates, in-line skates on sidewalks and roadways but not cycle lanes;
• skateboards on roadways but not sidewalks or cycle lanes; and
• cycles on cycle lanes and roadways but not sidewalks.

Direction from the Committee is sought regarding roller skates, in-line skates, and skateboards to ensure that Bylaw No. 980 captures the Committee’s intent with respect to these alternative modes of transportation.

As an aside, there are several types of other alternative modes of transportation on the market and it was felt important to review these for the Committee at this time though no direction is sought:

Electric Bikes or Motor-assisted Cycles (MAC) Electric bikes or motor-assisted cycles (MAC), are two or three-wheeled cycles with pedals and an electric motor. As these are considered cycles, they are permitted on cycle lanes. A rider must be sixteen or older to ride a MAC and wear a bicycle helmet. Gas powered and electric cycles without attached pedals do not qualify as a MAC.

Mopeds and Street-legal Scooters Mopeds and street-legal scooters are limited-speed motorcycles (LSM). To operate a LSM one must have a full-privilege Class 5 or 7 passenger vehicle licence and wear a helmet. LSMs and are subject to the same rights and duties as the driver of a motor vehicle and are not permitted on cycle lanes.

Motorized Scooters and Motorized Skateboards Motorized scooters and motorized skateboards cannot be operated on roads or sidewalks as they are defined as motor vehicles. While they are defined as such, these devices do not meet provincial equipment safety standards for on-road use. Therefore, these may only be operated on private property that does not have public vehicle access and on trails or pathways if permitted by the municipality. The proposed bylaw does not contemplate the operation of these devices anywhere in the municipality at this time.

Motorized and Non-motorized Wheelchairs Both motorized and non-motorized wheelchairs do not require a driver’s license to operate and can be used on sidewalks or roads, following the same rules as pedestrians.

Pocket Bikes Pocket bikes (mini motorcycles) do not meet federal safety standards and therefore are not for use on public roads.

Boulevard Parking

Parking in the municipality has been an issue for some time and much of the discontent is centred around the general assumption by homeowners that they own the boulevard in front of their property. This assumption also includes the belief that the street parking in front of their home is reserved for them. However, the assumption of ownership is incorrect as the boulevard is part of the common road right-of-way; and therefore, the related belief of reserved personal parking is also incorrect.

Bylaw No. 609 included a blanket boulevard parking prohibition “37 (1)…no person shall stop, stand or park any vehicle: (a) on a sidewalk or boulevard;” However, in 2014, the volume of complaints was so great in some neighbourhoods that Council decided in late winter to only enforce the boulevard parking prohibition for unlicensed vehicles or those parked unsafety and passed the following resolution:

THAT staff not enforce parking on boulevards unless vehicles are not licensed or safety issues are involved until such time as a staff report is considered by Council regarding options and amendments to the Town’s Streets and Traffic Bylaw. (C-28-14)

Bylaw No. 980 instead establishes general regulations for parking and additional parallel parking regulations that set out minimum distances to the edge of the roadway, minimum shoulder widths, and minimum distances between a roadway and ditch (where present):

General Regulations for Parking – “…a driver or Owner of a vehicle must not park a vehicle:…

8.1.6. where the width of the shoulder available for Parking is less than two and one half (2.5) metres;

8.1.19. on the paved portion of any Street without Curbs where the width of the pavement is six (6) metres or less;”

Additional Parallel Parking Regulation – “A driver or Owner of a vehicle must not park on a portion of a Street unless the vehicle is parked:…

8.3.4. where there is no Curb, so that the left-hand wheels of the vehicle are no more than thirty (30.0) centimetres onto the Roadway, provided that six metres (6.0 m) of Roadway remain unobstructed;”

These provisions are intended to reflect the variety of street typologies in the Town and to also ensure the safety of pedestrians and vehicles around parked vehicles. As discussed in Autumn 2018, these provisions will continue to limit the extent of boulevard (or “on-street”) parking available. As such, Committee of the Whole input is important to ensure these provisions are to remain as is in the proposed bylaw or if changes should be made prior to readings consideration.

The photographs below depict samples of parking found in the Town and may assist the Committee in deliberating the various distances currently listed in the proposed bylaw:

Photo 1: This photo depicts a 3.0m clearance between the vehicles. This situation will seriously affect the ability of emergency vehicles from attending beyond this point and would be in contravention of the proposed bylaw that sets out a 6.0m minimum clearance requirement.

Photo 2: This photo depicts a 3.0m clearance between the vehicle and the centre line. This situation would meet the requirement of a vehicle parked under section 8.3.4 (unless another vehicle parked opposite and did not leave 3.0m to centre line).

Photo 3: This photo depicts a 3.5m clearance between the vehicle and opposite edge of roadway. As the proposed bylaw currently reads, this scenario would be in contravention given the 6.0m minimum clearance requirement.

Photo 4: This photo depicts a 5.0m clearance between the vehicles and opposite edge of roadway. As the proposed bylaw currently reads, this scenario would be in contravention given the 6.0m minimum clearance and maximum 30cm intrusion onto the roadway requirements.

Photo 5: This photo depicts a 4.5m clearance between the parked vehicles. As the proposed bylaw currently reads, this scenario would be in contravention given the 6.0m minimum clearance requirement.

Photo 6: This photo depicts a 6.0m clearance between the parked vehicles however, both vehicles are in violation of the proposed bylaw as they are each more than 30cm into the roadway.

Photo 7: This photo depicts the vehicle wholly parked on the boulevard. This situation meets both the general parking requirements as well as the parallel parking requirements (not on a landscaped boulevard, boulevard greater than 2.5m wide, and not on the roadway).

Photo 8: This photo depicts double parking and a trailer not connected to a towing vehicle. This situation would be in violation of the proposed bylaw.

Photo 9: This photo depicts several parking violations under the proposed bylaw. The truck on the left is parked more than 30cm onto a less than 6.0m roadway. The truck on the right is parked facing the wrong direction. The car on the left is not in violation of the proposed bylaw.

Photo 10: This photo depicts boulevard parking in violation of the proposed bylaw as the vehicle is parked in a manner that could damage trees or tree roots.

Photo 11: This photo depicts parking in contravention of the proposed bylaw as angle parking is restricted to 45 degrees as opposed to 90 degrees. As well, these vehicles are all in close proximity to trees and could damage tree roots.

Existing, Non-Permitted Boulevard Encroachments

Across the municipality there are existing, non-permitted boulevard encroachments that may be safety hazards (tripping, car damage) and that generate complaints. The primary example is the use of large rocks or boulders placed on a boulevard to prevent boulevard parking in front of a residence.

With a formal Boulevard Improvement Permit available through the proposed bylaw, staff is seeking Committee feedback on the approach they wish to be taken with these existing, non-permitted boulevard encroachments. For example, should an education campaign to encourage permit applications be undertaken with enforcement to follow if a permit is not obtained within a set period of time (such as one year from date of first contact). It should be noted that the use of large rocks or boulders placed on a boulevard would not be approved through the Boulevard Improvement Permit process. Alternatively, the Committee could direct that enforcement for this infraction continue as per the Town’s Bylaw Enforcement Policy – that is, only be undertaken on a complaint basis.

NEXT STEPS:

With the proposed bylaw, there are several other bylaws that now must be amended. Specifically, the Municipal Ticket Information Bylaw No. 643, 2007 will be altered to reflect changes for new or revised ticketable offences; the Fees and Charges Bylaw will need to be amended to establish permit fees for some new items and to update references to already listed fee items; and to the Parks and Public Spaces Bylaw No. 986, 2018 to update the reference to the detention and impoundment of chattels.

As well, a new required bylaw is a Firearms and Bow Use Bylaw as the section in the existing Streets and Traffic Bylaw No. 609 is being repealed but should be captured in a Town bylaw. Staff are already in discussions with the Westshore RCMP about this new bylaw.

CONCLUSION:

In conclusion, the proposed Streets Bylaw No. 980, 2019 provides a modernization and simplification to the existing Streets and Traffic Bylaw No. 609. The proposed Bylaw includes provisions that facilitate property owners’ requests for items like driveway crossings and boulevard improvements while at the same time balancing the need for public safety.

It should be noted that some of the provisions in Bylaw No. 980 may be directional in nature and difficult to ticket under (for example, the suggestion to plant drought-tolerant vegetation in a boulevard improvement project). However, it is anticipated that a common-sense approach – the approach already followed by the Town’s Bylaw Enforcement Officer – will be applied in enforcement matters and some of the provisions will be instructional and guiding to members of the public.

Based on direction provided at the September Committee of the Whole meeting, the proposed bylaw can be modified and sent to the Community Advisory Committee. As well, it is proposed that a public open house be scheduled for Monday, October 7th to seek public input on the draft bylaw.

RECOMMENDATION:

THAT the Committee provide direction on: a.) alternative modes of transportation; b.) some of the on-street parking provisions; and c.) existing, non-permitted boulevard encroachments;

AND THAT proposed Streets Bylaw No. 980, 2019 be forwarded to the Community Development Advisory Committee for information;

AND FURTHER THAT a public open house be held on Monday, October 7, 2019.