To erect minimal signage at the 1,368 intersections to advise residents not to obstruct traffic the cost would approximate $342,000.

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1 To: From: cc: Community Services Committee John Crass, Manager of Traffic Services Rita Hardy, Supervisor of Parking Services Leah Bisutti, Project Leader Date: June 9, 2010 Re: Vehicles parked in T Intersections Background Transportation staff has recently received several complaints from area residents regarding parking tickets they have received from parking outside of their homes within the limits of T intersections. These complaints have been raised through the First Attendance Office and also through Ward 3 Councillor John Taylor and Ward 6 Councillor Carol D Amelio. A petition requesting the by-law section be repealed submitted by Mr. David Gent, a recipient of a parking ticket for this offence was received by staff through Councillor Taylor on June 2, The petition containing 13 signatures, representing 6 homes on Coldstream Drive, 1 home on Middlesmoor Crescent and 1 home on Porter Street, is attached as Appendix A. The offence noted on the parking tickets issued is park obstructing traffic and which carries a fine of $40. Regulation supporting the park obstructing traffic offence is contained in Burlington Parking By- Law and Section 170 Subsection 12 of the Highway Traffic Act. This offence does not require any signage and is one of 14 offences contained in By-Law which do not require signage and which are not signed. A list of the unsigned offences is attached as Appendix B. Our enforcement guidelines determine that the limits of an intersection are 3m beyond the termination of the curb radius from the intersecting street. Parking tickets are issued to vehicles found parking in these areas by Corps of Commissionaires officers on routine patrol throughout the City of Burlington to ensure that traffic flow and emergency vehicle and road maintenance access in maintained. Scope of Concern There are 2,269 intersections in Burlington of which 1,368 are T intersections. A T intersection is defined as a three legged intersection. Of the 1,368 T intersections 65 are controlled by all way stop control and the remaining 1,303 are controlled only by a stop sign on the minor street approach. To erect minimal signage at the 1,368 intersections to advise residents not to obstruct traffic the cost would approximate $342,000. The largest vehicles that require unobstructed access through intersections are Fire Trucks. The requirement for road widths and clearances for Fire Vehicles is contained under the domain of the 1

2 Ontario Building Code (OBC) as well as prescriptive provisions of that Code to address turning movements of their fire trucks. The OBC mandates that fire route turning areas provide a minimum 9m inside and 15m outside turning radius (of that 6m width). Typically road widths are m. but the turning radii at intersections (T intersections or otherwise) are generally much tighter than 9 meters. To meet their operational needs at time of emergency response, the Fire Department expectation is that intersections be maintained with sufficient width and unobstructed clearances in order to ensure ready access of their apparatus. The tighter or more congested the turns of an intersection (which is especially the case when there is narrower road clearances caused by parked vehicles, snow build up or other obstructions) the more it impacts on the ability to sustain these minimum dimensions and ensure unrestricted fire truck access. Fire Department staff has advised there have been two fatal fires in the Coldstream Drive and Middlesmoor Crescent neighbourhood in the past (one a multiple fatality and the other a single fatality). which demonstrates the importance of maintaining adequate road width for their trucks and crews to respond. Parking Services staff have determined that during the period from January 8, 2008 to May 29, park obstructing traffic parking tickets were issued. Staff have estimated that approximately 40 % or 278 of those tickets were issued to vehicles parked in a T intersection. As a result of the recent concerns Parking Services staff surveyed 8 municipalities to determine how those surveyed dealt with this issue. The summary of those responses are attached to this memo as Appendix C. In summary, the survey indicates all of the municipalities contacted do not allow parking in T intersections, however the City of Toronto does require signage prohibiting parking at their T intersections. The measurement used by those municipalities surveyed to determine the limit of an intersection range from 5m to 50m. The current 3m measurement used in our By-Law Enforcement Operating Guideline when applied to the definition of intersection does not cover the intersection limits.it was determined by staff reviewing various intersection locations that this measurement should be 6m to cover the actual intersection area. This will not result in any additional vehicles being ticketed and is reflective of the intersection area currently covered by enforcement. In some instances if a parking ticket is issued to a vehicle located within an intersection and which is the only vehicle parked the owner may perceive it is not obstructing traffic. If the intersection is of sufficient width, such as the intersection of Leominster Drive and Coldstream Drive, that may be the case at that time, however if additional vehicles are parked adjacent to that vehicle or in the throat of the intersection the minimum width required by emergency service vehicles to turn or to proceed through the intersection may be compromised. Public Feedback The main concerns raised by residents in their recent communication can be summarized as follows: I was unaware of this offence At the present time this offence is not signed and it is understandable that depending on the road with and position of the parked vehicle that some residents may not be aware they are contravening the provisions of Burlington Parking By-Law Staff will work with Communications staff to prepare information to be included in publications such as City Talk. 2

3 I have parked in this same location for years and never received a ticket, why now? As previously stated, parking tickets for this offence are issued by Corps of Commissionaires Officers during routine patrols. The residents making this comment may not have been in place during the time officers passed through their neighbourhood. An additional factor is prior to enactment of Parking By- Law this offence was enforced under then Uniform Traffic By-Law as a 3 hour by-law offence. The 3 metre distance is not contained in the By-Law which I have reviewed on line. As previously stated the 3 metre distance is an operating guideline used by enforcement staff to determine the limits of an intersection. My wife has been chronically ill for 1 and a half years now. If this by-law cannot be repealed I would ask that the space in front of our home de declared a disabled parking space as is done in Toronto. Staff are aware Toronto allows parking for the physically challenged that display valid permits in residential areas but are not aware of any signed spaces on their streets. At the present time Burlington does not reserve, designate or sign parking spaces on street for any individuals for the following reasons: Road maintenance Snow removal Potential traffic sight line obstruction Impedes emergency vehicles & transit buses Potential pedestrian safety hazard Sets a precedent for other residents Parking By-law does not regulate this use Unable to enforce Anyone could park in the signed stall defeats the purpose Potential Options Staff have reviewed this issue in detail and after taking all of the factors in to account have developed the following options to address the parking of vehicles in T intersections: A) Status Quo (Not Signed) Staff would proceed as they have by issuing tickets to vehicles found parked in T intersections. A reduced fine is offered if appropriate at the First Attendance interview as education would also be provided through the ticket process. Staff would also carry out public education of the issue by continuing to include information on the City website and at the Transportation Front Counter, and by providing information periodically in publications such as City Talk. -Minimal Revenue Impact -Would address potential safety issues by reducing number of parked vehicles in T intersections -No signage costs 3

4 -Residents would still perceive ticketing to be unfair due to no signage and violation of expectancy that they can park in front of their homes B) Status Quo (Not Signed) with First Ticket being cancelled Staff would proceed as they have by issuing tickets to vehicles found parked in T intersections. A first ticket would be cancelled by the First Attendance Officer as an educational measure. Staff would also carry out public education of the issue by continuing to include information on the City website and at the Transportation Front Counter, and by providing information periodically in publications such as City Talk. -Potential Revenue Impact of $3,900 -Would address potential safety issues by reducing number of parked vehicles in T intersections -No signage costs -Residents would still perceive ticketing to be unfair due to no signage and violation of expectancy that they can park in front of their homes -would set a precedent as there are 14 other parking offences that are not signed C) Enforce by complaint only (Not Signed) Enforcement would be carried out upon complaint only. Tickets would not be cancelled or reduced. -No signage costs -Reduction in complaints regarding tickets being received -Would not address all safety issues e.g. some intersections could still potentially be obstructed. -Reduced parking ticket revenues D) Sign and Enforce Problematic Intersections Staff would review all T intersections to determine which have reduced width and therefore would be obstructed by parked vehicles. These intersections would be signed and enforcement would be carried out with zero tolerance. While the staff review has not been completed it is estimated approximately one quarter of all T intersections would likely qualify due to narrower road widths. -Addresses critical intersections that would be obstructed by parked vehicles -Residents would be clearly advised by signage at site -sign costs (estimated to be $85,000) -May be perceived to be discriminatory (some T intersections signed and enforced, others not signed and enforced -would not remove all safety issues -Significant staff time required to conduct review and document intersections 4

5 E) Do not Enforce Parking in T Intersections Staff would remove the offence from Parking By-Law and only enforce other offences that may be applicable such as 3 hour parking, obstructing fire hydrant, obstructing driveway. -Remove complaints regarding T intersection offences -Would not address safety issues of T intersections being obstructed -Negative impact on emergency response access and response times, road maintenance -Loss of parking ticket revenue (estimated at $10,000 annually for this one offence) -negative impact on overall traffic flow and operation Recommendation After reviewing all of the potential options staff recommends that no changes (Option A Status Quo) be made to the enforcement of this offence. In addition, staff recommends the following additional measures: 1) The approval of new short form wording for this offence to address this issue and to provide clarity on the actual offence and would draw more attention to the T intersection parking issue. This would leave the park obstructing traffic offence in place for other related offences and would create a new offence titled Park Within 6 metres of Any Intersection. This offence will require approval by the Attorney Generals Office and the Regional Senior Justice with a set fine of $40. Park Within (6) Meters of Any Intersection Part VII Section 31.1(o) $ ) That the text of Parking By-Law be amended to include the following: Section 31. PARKING PROHIBITIONS Subsection 1) SIGNS NOT ON DISPLAY Add: o) Within six (6) metres of any intersection. 3) That the existing information provided on the City Website be expanded to include information on all of the unsigned Parking By-Law Offences and this information also be communicated to Burlington residents through publications such as City Talk and a new information flyer to be made available at the Transportation Counter at City Hall. 4) That a reduced fine of $28 for the first offence of parking within six (6) metres of any intersection continue to be offered through the First Attendance Office at City Hall. Respectfully submitted. 5

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