February 17, 1999

To:Etobicoke Community Council

From:John W. Thomas, P.Eng., MBA, Director, Transportation Services - District 2

Subject:Set Fine Application - Parking Permits

Purpose:

To propose the amendment of Chapter 183-51 of the Municipal Code for the former City of Etobicoke.

Recommendations:

It is recommended that:

(1)the appropriate by-law (Attachment No. 1) be amended accordingly; and

(2)the City Solicitor be requested to submit the appropriate set fine application to the Office of the Attorney General of Ontario for the contravention of this by-law.

Council Reference:

Council, at its meeting held on November 25, 26, and 27, 1998 approved and incorporated the following Clause into Chapter 183, Article V, of the Municipal Code for the former City of Etobicoke (AttachmentNo.2).

"No person shall park on the streets and at locations and times set out in Schedule A unless a valid permit is displayed according to the terms of this Article."

Comments:

On February 3, 1999, the City Solicitor was informed by the Ministry of the Attorney General, that

By-LawNo 1989-261, Chapter 183-51, as it currently reads is not sufficient as a general offence section that will permit approval of the set fine application. The section reads as follows:

"Any person violating the provisions of this Article is guilty of an offense and on conviction is liable to a penalty of $80.00 exclusive of costs, and the remaining provisions of part XXI of the MunicipalAct shall apply".

Michal Fairburn, Crown Counsel, Ministry of the Attorney General has directed that

By-LawNo.1989-261, Chapter 183-51 of the Municipal Code of the former City of Etobicoke, be amended as set out below.

"Any person who contravenes a section of this Article is guilty of an offense and subject to penalty as provided for under the Provincial Offenses Act".

Conclusions:

In consultation with the City Solicitor, staff has concluded that the change being requested by the Attorney General is indeed appropriate and that the By-Law should be amended to reflect the suggested wording of the Attorney General. Accordingly, the enactment of this amendment to Chapter 183 of the Municipal Code of the former City of Etobicoke, will ensure that the fine structure for this by-law meets with the necessary criteria to receive approval from the Office of the Attorney General of Ontario.

Contact Name:

Karen Kirk, C.E.T., Parking Co-ordinator, Transportation Services Division - District 2.

(416)394-8419; Fax 394-8942.

John W. Thomas, P.Eng., MBA

Director, Transportation Services - District 2

KK

Attachments

cc:T-61