April 9, 1998
To:Toronto Community Council
From:Regional Directors, Toronto Parks and Recreation, City Hall Office
Subject:Enforcement of Unauthorized Parking City Parks - Appointment of City Parks and Recreation Staff as Provincial
Offences Officers-Enforcement of Municipal Code Chapter 255 - Parks
Purpose:
That the Commissioner of Economic Development, Culture and Tourism be authorized to ticket illegally parked vehicles in
City Parks, under the Municipal Code Chapter 255 - Parks.
Source of Funds:
Funding not required. Training is provided by Metropolitan Toronto Police Department.
Recommendations:
- That the Commissioner of Economic Development, Culture and Tourism be authorized to appoint Dianna Clarke, Lorie
Stuart, John Davis and Brian Green as Provincial Offences Officers and Municipal Law Enforcement Officers as
required and that By-law Nos. 379 and 586, respectively be amended accordingly.
- Authority be granted for appointed employees to ticket illegally parked cars in City parks which are posted as required
by the Metropolitan Toronto Police Department, Parking Enforcement Unit.
- That the City Solicitor be authorized to undertake any necessary arrangement, including the preparation and execution of
an agreement with the Metropolitan Toronto Police Services Board, to ensure mutual cooperation in the enforcement of
parking in City Parks.
Council Reference:
Toronto City Council, at its meeting held on July 2, 1996, adopted Clause 30 of Executive Committee Report No. 20
entitled AEnforcement of Unauthorized Parking in City Parks - Municipal Code Chapter 255 - Parks@. This report
recommended the appointment of certain Parks and Recreation staff as Provincial Offences Officers and Municipal Law
Enforcement Officers in answer to ongoing difficulties with unauthorized parking in City parks.
As a result, two Parks and Recreation staff attended the Metropolitan Toronto Police training course for Municipal Law
Enforcement Officers with a view to obtaining the necessary training to tag and tow cars parked without authorization in
parks. This training is the same as that provided to private companies who do enforcement on the City=s behalf on private
and municipal property. The latter arrangement has been in place between the Metro Police and the City for a number of
years. I am satisfied, after having had the material reviewed by Legal Services, that this training is adequate for the
particular needs of the Parks and Recreation staff who have successfully completed the course.
Comments:
Enforcement of Parking in Parks
Offences with respect to parking in City parks are contained in Municipal Code Chapter 255. Parks and the City has set
fine approval for those offences under Part II of the Provincial Offences Act. Under the Provincial Offences Act, the
Solicitor General can designate classes of persons to act as Provincial Offences Officers. There is a general designation by
the Solicitor General under the Provincial Offences Act for Aall employees of municipalities whose duties include the
enforcement of municipal by-laws as Provincial Offences Officers for the purpose of all by-law offences@. It would,
therefore, be appropriate for the City to appoint Parks and Recreation staff as Provincial Offences Officers for the purposes
of enforcing Municipal Code Chapter 255, Parks. However, given that the nature of parking enforcement is quite
specialized, in terms of issuing the Parking Infraction Notice, it appears wise to continue to have Parks and Recreation staff
trained by the Metropolitan Toronto Police with respect to the issuance of tags and the requisite follow up procedure and to
have By-law No. 379-80 amended from time to time to appoint such further Parks and Recreation staff as Provincial
Offences Officers as are necessary.
Metro Police staff have advised that in order for these Parks and Recreation staff to continue to be trained and supervised
by the Metro Police for the purpose of enforcing parking offences in parks, they will have to be appointed as Municipal
Law Enforcement Officers, in order to fall within their existing programme for parking enforcement administration.
Implementation
It is not clear at this point whether an agreement will be required for the Metro Police to provide the requisite training to
the City=s staff from time to time as well as to allow for the Metro Police to administer this enforcement, as there appears
to be no clear parallel in the City where City staff are enforcing parking offences. However, if formalized arrangements are
required by the Metro Police, then the City Solicitor should be authorized to enter into any arrangements which are
determined necessary on behalf of the City, including having the appropriate agreement prepared and executed.
Amendment of By-law No. 379-80
By-law No. 379-80, as amended, is a by-law to appoint Provincial Offences Officers. Should the Committee approve the
enforcement of unauthorized parking in parks as set out in this report, then the appropriate amendment should be made to
Schedule AF@ of By-law No. 379-80 to appoint Dianna Clarke, Lorie Stuart, John Davis and Brian Green. These
employees should also be appointed as Municipal Law Enforcement Officers by the appropriate amendment to By-law No.
586-89.
Parks and Recreation staff have been experiencing difficulties with unauthorized parking in City parks. It appears that for a
number of reasons certain individuals have accelerated the practice of parking on roads within parks, on parkland and this
situation is impacting negatively on access for parks vehicles, parks maintenance staff and visitors, and clear passage for
other vehicles, especially emergency vehicles on these roadways and parklands.
Contact:
Name:Mario Zanetti, Regional Director - West
E-Mail:mzanetti@city.toronto.on.ca
Tel:392-1905
Fax:392-0845
Mario Zanetti
Regional Director, West
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