Item - 2011.PW9.10

Tracking Status

  • City Council adopted this item on February 6, 2012 with amendments.
  • City Council considered this item on November 29, 2011 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
  • This item was considered by Public Works and Infrastructure Committee on November 3, 2011 and was adopted with amendments. It will be considered by City Council on November 29, 2011.
  • See also By-laws 375-2012, 376-2012, 1004-2012

PW9.10 - Amendments to Chapter 743, "Use of Streets and Sidewalks," of the Toronto Municipal Code - Final Report

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on February 6 and 7, 2012, adopted the following:

 

1.         City Council enact the amendments to City of Toronto Municipal Code Chapter 441, Fees and Charges, and Chapter 743, “Streets and Sidewalks, Use of”, generally as set out in Attachment No. 1 to the report (October 20, 2011) of the General Manager, Transportation Services, including the changes to the initial draft as set out in Attachment No. 2 to the report (October 20, 2011) subject to such technical and stylistic amendments as required by the City Solicitor and the General Manager, Transportation Services.

 

2.         City Council amend the City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of, by adding a new section, as follows:

 

“Camping, dwelling and lodging prohibited.

 

A.        No person shall, without the approval of the General Manager, camp, dwell or lodge on a street, subject to application of the City's Interdepartmental Protocol for Homeless People Camping in Public Spaces.”

 

3.         City Council authorize and direct the General Manager, Transportation Services, and the City Solicitor to rescind, at such time as they deem appropriate, the existing provisions in the Code Chapters, policies and by-laws, or relevant sections thereof, of the former municipalities described below, and any other provisions that the General Manager or City Solicitor may identify relating to and that have been superseded or replaced by the new Code Chapter:

 

a.         By-law No. 111-92 “Boulevard Obstructions” of the former Borough of East York;

 

b.         By-law No. 23-89 “Boulevard Use Restrictions” of the former Borough of East York;

 

c.         By-law No. 1976 “Respecting Streets” of the former Borough of East York;

 

d.         Chapter 231 “Streets and Sidewalks” of the Municipal Code for the former City of Etobicoke;

 

e.         Encroachment Policy for the former City of Etobicoke as adopted by Council for the former City of Etobicoke on September 6, 1994;

 

f.          § 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12 of By-law No. 211-74 “To regulate the use of Metropolitan Roads” of the former Municipality of Metropolitan Toronto;

 

g.         By-law No. 54-81 “To delegate to the Commissioner of Roads and Traffic authority to permit certain encroachments on Metropolitan Roads” of the former Municipality of Metropolitan Toronto;

 

h.         By-law No. 21621 “A By-law to prohibit or regulate the obstructing, encumbering, injury or fouling of highways” of the former City of North York;

 

i.          By-law No. 20954 “A By-law to provide for the licensing of boulevards for parking purposes in the Township of North York” of the former City of North York;

 

j.          Encroachment Policy for the former City of North York as adopted by Council for the former City of North York on April 17, 1996;

 

k.         By-law No. 6567 “Being a by-law to regulate the construction of culverts upon highways under the jurisdiction of the Township of Scarborough” of the former City of Scarborough;

 

l.          By-law No. 7322 “Being a by-law to amend By-law Number 6567” of the former City of Scarborough;

 

m.        By-law No. 13778 “Being a by-law to regulate the erection of hoardings on Municipal Highways or Boulevards and require a permit to do so” of the former City of Scarborough;

 

n.         By-law No. 16402 “Being a by-law to regulate temporary occupation of highways or portions thereof during the construction or repair of any work thereon” of the former City of Scarborough;

 

o.         By-law No. 17117 “Being a by-law concerning the removal of snow from sidewalks” of the former City of Scarborough;

 

p.         By-law No. 17306 “Being a by-law for prohibiting vehicles and conveyances of every description being upon or being used, drawn, hauled or propelled along or upon any sidewalk, pathway, footpath or boulevard” of the former City of Scarborough;

 

q.         By-law No. 20304 “Being a by-law to regulate the crossing of curbs, sidewalks and paved boulevards by vehicles, and the requiring of owners to pay damage deposits upon the issuing of a building permit, pursuant to The Municipal Act, RSO 1980, Chapter 302, Section 315(2)” of the former City of Scarborough;

 

r.          By-law No. 20630 “Being a by-law to lease or license the use of sidewalks and untravelled portions of Metropolitan Toronto and other Municipal Roads in the City” of the former City of Scarborough;

 

s.          § 3(1), 4, 5 and 6 of By-law No. 21208 “Being a by-law to prohibit the obstructing, encumbering, or fouling of highways and the sale by retail in a highway or on a vacant lot adjacent to a highway” of the former City of Scarborough;

 

t.          By-law No. 23729 “Being a by-law to lease or license the use of sidewalks and untravelled portions of Metropolitan Toronto and other Municipal Roads in the City” of the former City of Scarborough;

 

u.         By-law No. 23907 “Being a by-law to lease or license the use of sidewalks and untravelled portions of Metropolitan Toronto and other Municipal Roads in the City” of the former City of Scarborough;

 

v.         Articles I, II, III, IV, V, VI (§ 313.33.1, § 313-34, § 313-38, § 313-39.1, § 313-39.2, § 313-40, § 313.41, § 313-42, § 313-43) VII, VIII, X, XI (§ 313-74, § 313-75, § 313-76, § 313.78, § 313.77 excluding references to § 313-35, § 313.36 and § 313.37, § 313.79, § 313.81, § 313.82, Schedule A and Schedule D of Chapter 313 “Streets and Sidewalks” of the Municipal Code of the former City of Toronto;

 

w.        § 803.2.2 of Chapter 803 “Grass and Weeds” of the Municipal Code of the former City of York;

 

x.         Chapter 830 “Retaining Walls – Maintenance” of the Municipal Code of the former City of York;

 

y.         Articles 2, 3, 4, 5, 6, 7, 9, 13, 15, 16, 17, 18 and Schedules A, B and C of Chapter 1004 “Street” of the Municipal Code for the former City of York;

 

z.         Encroachment Policy for the former City of York as adopted by Council for the former City of York on July 8, 1992; and

 

aa.         By-law No. 23907 “Being a by-law to lease or license the use of sidewalks and untravelled portions of Metropolitan Toronto and other Municipal Roads in the City” of the former City of Scarborough.

 

4.         City Council authorize the City Solicitor to amend any City by-laws, policy or Code Chapters, or sections therein, that may contain references to any by-law, policy or Code Chapter, or section therein, that is to be superseded by the proposed amendments to Chapter 743 to eliminate and, where appropriate, correct such references.

 

5.         City Council authorize and direct the City Solicitor, in consultation with the General Manager, Transportation Services, to make application to the Senior Regional Justice of the Ontario Court of Justice for set fines with respect to the offences created by the amendments to Chapter 743.

 

6.         City Council refer the following motions by Councillor Mark Grimes and Councillor Mike Layton to the General Manager, Transportation Services for consideration and report to the Public Works and Infrastructure Committee:

 

             Moved by Councillor Mark Grimes:

 

That City Council amend City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of, by amending "Article VII - Constructing Walkways and Driveways" in the draft by-law as Attachment 1 to the report (October 20, 2011) from the General Manager, Transportation Services, to exempt properties from a requirement to obtain a permit to resurface an existing walkway or driveway, and that this Article apply only to properties constructing new walkways and driveways, and properties widening an existing walkway or driveway.

 

Moved by Councillor Mike Layton:

 

That City Council amend City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of, by amending Section 743-9 of Article II, Prohibited and Regulated Activities, by adding the following after § 743-9P:

 

“§ 743-9Q.      § 743-9P shall not prohibit the chaining, locking or attaching of a bicycle that, in the General Manager's opinion, is in good operating condition."

Public Notice Given

Background Information (Committee)

(October 20, 2011) Report from the General Manager, Transportation Services, on Amendments to Chapter 743, "Use of Streets and Sidewalks," of the Toronto Municipal Code - Final Report
https://www.toronto.ca/legdocs/mmis/2011/pw/bgrd/backgroundfile-41886.pdf
(October 20, 2011) Attachment No. 1 - Draft By-law
https://www.toronto.ca/legdocs/mmis/2011/pw/bgrd/backgroundfile-41983.pdf
(October 20, 2011) Attachment No. 2 - Recommended Revisions to Chapter 743 of the Toronto Municipal Code
https://www.toronto.ca/legdocs/mmis/2011/pw/bgrd/backgroundfile-41984.pdf

Background Information (City Council)

Communications (City Council)

(November 4, 2011) E-mail from Andra Zommers (CC.Main.PW9.10.1)
(November 5, 2011) E-mail from Matt Stata (CC.Main.PW9.10.2)
(November 29, 2011) Letter from Margaret Vandenbroucke, Chair, Advocacy Committee, Multifaith Alliance to End Homelessness (CC.New.PW9.10.3)
https://www.toronto.ca/legdocs/mmis/2012/cc/comm/communicationfile-27640.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Mark Grimes (Referred)

That City Council amend City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of, by amending "Article VII - Constructing Walkways and Driveways" in the draft by-law as Attachment 1 to the report (October 20, 2011) from the General Manager, Transportation Services, to exempt properties from a requirement to obtain a permit to resurface an existing walkway or driveway, and that this Article apply only to properties constructing new walkways and driveways, and properties widening an existing walkway or driveway.


2 - Motion to Amend Item moved by Councillor Mike Layton (Referred)

That City Council amend City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of, by amending Section 743-9 of Article II, Prohibited and Regulated Activities, by adding the following after § 743-9P:

 

“§ 743-9Q.      § 743-9P shall not prohibit the chaining, locking or attaching of a bicycle that, in the General Manager's opinion, is in good operating condition."


3 - Motion to Refer Motion moved by Councillor Adam Vaughan (Carried)

That motion 1 by Councillor Grimes be referred to the General Manager, Transportation Services for consideration and  report to the Public Works and Infrastructure Committee.

Vote (Refer Motion) Feb-06-2012 4:24 PM

Result: Carried Majority Required - PW9.10 - Vaughan - motion 3
Total members that voted Yes: 19 Members that voted Yes are Shelley Carroll, Raymond Cho, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Norman Kelly, Chin Lee, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, John Parker, Gord Perks, Jaye Robinson, David Shiner, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 13 Members that voted No are Paul Ainslie, Maria Augimeri, Josh Colle, Gary Crawford, Vincent Crisanti, Rob Ford, Mark Grimes, Doug Holyday, Mike Layton, Giorgio Mammoliti, Mary-Margaret McMahon, Peter Milczyn, Frances Nunziata (Chair)
Total members that were Absent: 13 Members that were absent are Ana Bail„o, Michelle Berardinetti, Glenn De Baeremaeker, John Filion, Doug Ford, Gloria Lindsay Luby, Josh Matlow, Ron Moeser, Cesar Palacio, James Pasternak, Anthony Perruzza, Karen Stintz, Michael Thompson

4 - Motion to Refer Motion moved by Councillor Paula Fletcher (Carried)

That motion 2 by Councillor Layton be referred to the General Manager, Transportation Services for consideration and report to the Public Works and Infrastructure Committee.

Vote (Refer Motion) Feb-06-2012 4:25 PM

Result: Carried Majority Required - PW9.10 - Fletcher - motion 4
Total members that voted Yes: 30 Members that voted Yes are Ana Bail„o, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Jaye Robinson, David Shiner, Kristyn Wong-Tam
Total members that voted No: 8 Members that voted No are Paul Ainslie, Maria Augimeri, Josh Colle, John Filion, Mark Grimes, Doug Holyday, Joe Mihevc, Adam Vaughan
Total members that were Absent: 7 Members that were absent are Michelle Berardinetti, Gloria Lindsay Luby, Ron Moeser, James Pasternak, Anthony Perruzza, Karen Stintz, Michael Thompson

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Feb-06-2012 4:26 PM

Result: Carried Majority Required - PW9.10 - Adopt the item as amended
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Jaye Robinson, David Shiner, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Maria Augimeri, Mark Grimes
Total members that were Absent: 8 Members that were absent are Michelle Berardinetti, Gary Crawford, Gloria Lindsay Luby, Ron Moeser, James Pasternak, Anthony Perruzza, Karen Stintz, Michael Thompson

PW9.10 - Amendments to Chapter 743, "Use of Streets and Sidewalks," of the Toronto Municipal Code - Final Report

Decision Type:
ACTION
Status:
Deferred
Wards:
All

City Council Decision

City Council on November 29, 30 and December 1, 2011, deferred consideration of Item PW9.10 to the next regular City Council meeting on February 6 and 7, 2012 or to a special meeting called by the Mayor to consider the items remaining on the agenda.

City Council Decision Advice and Other Information

City Council on December 1, 2011 adopted a motion to defer any remaining Items on the agenda to the next regular meeting of City Council on February 6 and 7, 2012 or to a special meeting called by the Mayor for that purpose.

 

The following Items were subsequently deferred:

 

Planning and Growth Management Committee Item PG9.11

Public Works and Infrastructure Committee Item PW9.5

Public Works and Infrastructure Committee Item PW9.10

New Business Item CC14.7, and

Member Motion MM14.28

Public Notice Given

Background Information (Committee)

(October 20, 2011) Report from the General Manager, Transportation Services, on Amendments to Chapter 743, "Use of Streets and Sidewalks," of the Toronto Municipal Code - Final Report
https://www.toronto.ca/legdocs/mmis/2011/pw/bgrd/backgroundfile-41886.pdf
(October 20, 2011) Attachment No. 1 - Draft By-law
https://www.toronto.ca/legdocs/mmis/2011/pw/bgrd/backgroundfile-41983.pdf
(October 20, 2011) Attachment No. 2 - Recommended Revisions to Chapter 743 of the Toronto Municipal Code
https://www.toronto.ca/legdocs/mmis/2011/pw/bgrd/backgroundfile-41984.pdf

Communications (City Council)

(November 4, 2011) E-mail from Andra Zommers (CC.Main.PW9.10.1)
(November 5, 2011) E-mail from Matt Stata (CC.Main.PW9.10.2)
(November 29, 2011) Letter from Margaret Vandenbroucke, Chair, Advocacy Committee, Multifaith Alliance to End Homelessness (CC.New.PW9.10.3)
https://www.toronto.ca/legdocs/mmis/2011/cc/comm/communicationfile-27070.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Mike Layton (Redundant)

That:

 

1.         City Council delete Recommendation 2 of the Public Works and Infrastructure Committee and replace it with a new Recommendation 2 as follows:

 

Recommendation 2 to be deleted:

 

2.         City Council amend the City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of, by adding a new section, as follows:

 

“Camping, dwelling and lodging prohibited.

A.  No person shall, without the approval of the General Manager, camp, dwell or lodge on a street, subject to application of the City's Interdepartmental Protocol for Homeless People Camping in Public Spaces.”

 

New Recommendation 2:

 

2.         City Council amend the City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of, by adding a new section, as follows:

 

            "Camping, dwelling and lodging prohibited:

            A.        Subject to the application of the City's Interdepartmental Protocol for Homeless People Camping in Public Spaces, no person shall, without the approval of the General Manager of Transportation Services, camp, dwell or lodge on a street."

 

2.         City Council further amend the City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of, by amending Section 743-9 of Article II, Prohibited and Regulated Activities, by adding the following after § 743-9P:

 

“§ 743-9Q.      § 743-9P shall not prohibit the chaining, locking or attaching of a bicycle that, in the General Manager's opinion, is in good operating condition."


2 - Motion to Amend Item moved by Councillor Mark Grimes (Redundant)

That City Council delete Public Works and Infrastructure Committee Recommendation 2 and replace it with the following recommendation:

 

2.         City Council amend the City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of, by amending "Article VII - Constructing Walkways and Driveways" in the draft by-law as Attachment 1 to the report (October 20, 2011) from the General Manager, Transportation Services, to exempt properties from a requirement to obtain a permit to resurface an existing walkway or driveway, and that this Article apply only to properties constructing new walkways and driveways, and properties widening an existing walkway or driveway.


Motion to Defer Item moved by Councillor Paul Ainslie (Carried)

That City Council defer any remaining items on the agenda to the next regular meeting on February 6 and 7, 2012 or to a special meeting called by the Mayor for that purpose.

Vote (Defer Item) Dec-01-2011 7:47 PM

Result: Carried Majority Required - Defer remaining items
Total members that voted Yes: 19 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Gloria Lindsay Luby, Ron Moeser, Cesar Palacio, John Parker, James Pasternak, Jaye Robinson
Total members that voted No: 16 Members that voted No are Maria Augimeri, Shelley Carroll, Glenn De Baeremaeker, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Adam Vaughan, Kristyn Wong-Tam
Total members that were Absent: 10 Members that were absent are Janet Davis, Frank Di Giorgio, Sarah Doucette, Chin Lee, Giorgio Mammoliti, Pam McConnell, Denzil Minnan-Wong, David Shiner, Karen Stintz, Michael Thompson

PW9.10 - Amendments to Chapter 743, "Use of Streets and Sidewalks," of the Toronto Municipal Code - Final Report

Decision Type:
ACTION
Status:
Amended
Wards:
All

Public Notice Given

Committee Recommendations

The Public Works and Infrastructure Committee recommends that:

 

1.         City Council enact the amendments to City of Toronto Municipal Code Chapter 441, Fees and Charges, and Chapter 743, “Streets and Sidewalks, Use of”, generally as set out in Attachment No. 1 to this report of the General Manager, Transportation Services, dated October 20, 2011, including the changes to the initial draft as set out in Attachment No. 2 of this report, subject to such technical and stylistic amendments as required by the City Solicitor and the General Manager, Transportation Services.

 

2.         City Council amend the City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of, by adding a new section, as follows:

 

“Camping, dwelling and lodging prohibited.

A. No person shall, without the approval of the General Manager, camp, dwell or lodge on a street, subject to application of the City's Interdepartmental Protocol for Homeless People Camping in Public Spaces.”

 

3.         City Council authorize and direct the General Manager, Transportation Services, and the City Solicitor to rescind, at such time as they deem appropriate, the existing provisions in the Code Chapters, policies and by-laws, or relevant sections thereof, of the former municipalities described below, and any other provisions that the General Manager or City Solicitor may identify relating to and that have been superseded or replaced by the new Code Chapter:

 

a.         By-law No. 111-92 “Boulevard Obstructions” of the former Borough of East York;

b.         By-law No. 23-89 “Boulevard Use Restrictions” of the former Borough of East York;

c.         By-law No. 1976 “Respecting Streets” of the former Borough of East York;

d.         Chapter 231 “Streets and Sidewalks” of the Municipal Code for the former City of Etobicoke;

e.         Encroachment Policy for the former City of Etobicoke as adopted by Council for the former City of Etobicoke on September 6, 1994;

f.          § 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12 of By-law No. 211-74 “To regulate the use of Metropolitan Roads” of the former Municipality of Metropolitan Toronto;

g.         By-law No. 54-81 “To delegate to the Commissioner of Roads and Traffic authority to permit certain encroachments on Metropolitan Roads” of the former Municipality of Metropolitan Toronto;

h.         By-law No. 21621 “A By-law to prohibit or regulate the obstructing, encumbering, injury or fouling of highways” of the former City of North York;

i.          By-law No. 20954 “A By-law to provide for the licensing of boulevards for parking purposes in the Township of North York” of the former City of North York;

j.          Encroachment Policy for the former City of North York as adopted by Council for the former City of North York on April 17, 1996;

k.         By-law No. 6567 “Being a by-law to regulate the construction of culverts upon highways under the jurisdiction of the Township of Scarborough” of the former City of Scarborough;

l.          By-law No. 7322 “Being a by-law to amend By-law Number 6567” of the former City of Scarborough;

m.        By-law No. 13778 “Being a by-law to regulate the erection of hoardings on Municipal Highways or Boulevards and require a permit to do so” of the former City of Scarborough;

n.         By-law No. 16402 “Being a by-law to regulate temporary occupation of highways or portions thereof during the construction or repair of any work thereon” of the former City of Scarborough;

o.         By-law No. 17117 “Being a by-law concerning the removal of snow from sidewalks” of the former City of Scarborough;

p.         By-law No. 17306 “Being a by-law for prohibiting vehicles and conveyances of every description being upon or being used, drawn, hauled or propelled along or upon any sidewalk, pathway, footpath or boulevard” of the former City of Scarborough;

q.         By-law No. 20304 “Being a by-law to regulate the crossing of curbs, sidewalks and paved boulevards by vehicles, and the requiring of owners to pay damage deposits upon the issuing of a building permit, pursuant to The Municipal Act, RSO 1980, Chapter 302, Section 315(2)” of the former City of Scarborough;

r.          By-law No. 20630 “Being a by-law to lease or license the use of sidewalks and untravelled portions of Metropolitan Toronto and other Municipal Roads in the City” of the former City of Scarborough;

s.          § 3(1), 4, 5 and 6 of By-law No. 21208 “Being a by-law to prohibit the obstructing, encumbering, or fouling of highways and the sale by retail in a highway or on a vacant lot adjacent to a highway” of the former City of Scarborough;

t.          By-law No. 23729 “Being a by-law to lease or license the use of sidewalks and untravelled portions of Metropolitan Toronto and other Municipal Roads in the City” of the former City of Scarborough;

u.         By-law No. 23907 “Being a by-law to lease or license the use of sidewalks and untravelled portions of Metropolitan Toronto and other Municipal Roads in the City” of the former City of Scarborough;

v.         Articles I, II, III, IV, V, VI (§ 313.33.1, § 313-34, § 313-38, § 313-39.1, § 313-39.2, § 313-40, § 313.41, § 313-42, § 313-43) VII, VIII, X, XI (§ 313-74, § 313-75, § 313-76, § 313.78, § 313.77 excluding references to § 313-35, § 313.36 and § 313.37, § 313.79, § 313.81, § 313.82, Schedule A and Schedule D of Chapter 313 “Streets and Sidewalks” of the Municipal Code of the former City of Toronto;

w.        § 803.2.2 of Chapter 803 “Grass and Weeds” of the Municipal Code of the former City of York;

x.         Chapter 830 “Retaining Walls – Maintenance” of the Municipal Code of the former City of York;

y.         Articles 2, 3, 4, 5, 6, 7, 9, 13, 15, 16, 17, 18 and Schedules A, B and C of Chapter 1004 “Street” of the Municipal Code for the former City of York;

z.         Encroachment Policy for the former City of York as adopted by Council for the former City of York on July 8, 1992; and

aa.         By-law No. 23907 “Being a by-law to lease or license the use of sidewalks and untravelled portions of Metropolitan Toronto and other Municipal Roads in the City” of the former City of Scarborough.

 

4.         City Council authorize the City Solicitor to amend any City by-laws, policy or Code Chapters, or sections therein, that may contain references to any by-law, policy or Code Chapter, or section therein, that is to be superseded by the proposed amendments to Chapter 743 to eliminate and, where appropriate, correct such references.

 

5.         City Council authorize and direct the City Solicitor, in consultation with the General Manager, Transportation Services, to make application to the Senior Regional Justice of the Ontario Court of Justice for set fines with respect to the offences created by the amendments to Chapter 743.

Decision Advice and Other Information

The Manager, Traffic Planning/Right-of-Way Management, Etobicoke York District, gave a presentation to the Public Works and Infrastructure Committee on this item.

 

The Public Works and Infrastructure Committee held a public meeting on November 3, 2011, in accordance with the City of Toronto Act, 2006, and notice was posted on the City's website for a minimum of 5 days.  Two persons addressed the Public Works and Infrastructure Committee.

Origin

(October 20, 2011) Report from the General Manager, Transportation Services

Summary

Transportation Services has completed a public and stakeholder consultation, as directed by Council, to gather feedback on proposed substantial amendments to Municipal Code Chapter 743 (“Use of Streets and Sidewalks”), which in effect form a new “Streets By-law,” to consolidate and simplify the management and administration of a comprehensive range of activities and uses in Toronto’s 5,600 kilometres of public rights-of-way.

 

The draft amendments and supporting documentation were posted on the City’s website for public review, and staff presented the proposed amendments to representatives of the City’s Business Improvement and Resident Associations, as well as interested Councillors. Public open houses were held in each Community Council district in September, 2011.

 

The attached by-law represents the results of this consultation. The original draft document presented to Public Works and Infrastructure Committee at its June 23, 2011, meeting has been revised in response to public comment, with the recommended draft by-law presented here for approval.

 

Significant revisions resulting from the consultation program include: deleting the clause prohibiting camping, dwelling or lodging on a street; increasing the number of permitted encroachments for residents and Business Improvement Associations (BIA); requiring street work permit holders to provide BIAs with 48 hours advance notice before conducting their work; applying a survey and inspection fee to locations that do not comply with an initial notice from a By-law Officer; and, increasing the appeal period from ten working days to fifteen business days.

By working with the public and stakeholders, focusing on prevention by encouraging compliance with municipal regulations, the new provisions will promote efficiencies by reducing reliance on enforcement “after the fact.” Common municipal regulations governing the use of public rights-of-way will now apply City-wide, with application consistent throughout each operating District.

 

This report is scheduled as a deputation item. Public notice has been given in the manner prescribed by Chapter 162, Notice, Public, of the City of Toronto Municipal Code.

Background Information

(October 20, 2011) Report from the General Manager, Transportation Services, on Amendments to Chapter 743, "Use of Streets and Sidewalks," of the Toronto Municipal Code - Final Report
https://www.toronto.ca/legdocs/mmis/2011/pw/bgrd/backgroundfile-41886.pdf
(October 20, 2011) Attachment No. 1 - Draft By-law
https://www.toronto.ca/legdocs/mmis/2011/pw/bgrd/backgroundfile-41983.pdf
(October 20, 2011) Attachment No. 2 - Recommended Revisions to Chapter 743 of the Toronto Municipal Code
https://www.toronto.ca/legdocs/mmis/2011/pw/bgrd/backgroundfile-41984.pdf

Speakers

Hamish Wilson
Anthony Humphreys

Motions

1 - Motion to Amend Item moved by Councillor Mike Layton (Lost)

That Section P of the draft by-law attached to the report (October 20, 2011) from the General Manager, Transportation Services, be amended by adding in the second line after the word "thing" the words "excluding bicycles", so that Section P now reads:

 

 P.   No person shall, without prior authorization from the General Manager, chain, lock or otherwise attach any article or thing, excluding bicycles, to a waste receptacle, streetlight, parking meter, utility pole, transit shelter, fence, tree or any other municipal property or authorized encroachment that is located in a street, and any article or thing that remains attached for more than 24 consecutive hours may be removed by the General Manager and disposed of pursuant to Article XVIII.


2 - Motion to Amend Item (Additional) moved by Councillor Mark Grimes (Lost)

That the report (October 20, 2011) from the General Manager, Transportation Services, be amended by adding the following new recommendation:

 

"City Council direct that "Article VII - Constructing Walkways and Driveways" in the draft by-law attached as Attachment No. 1 to the report of the General Manager, Transportation Services, dated October 20, 2011, be amended to exempt properties from a requirement to obtain a permit to resurface an existing walkway or driveway, and that this Article apply only to properties constructing new walkways and driveways, and properties widening an existing walkway or driveway."


3 - Motion to Amend Item (Additional) moved by Councillor David Shiner (Carried)

City Council amend the City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of, by adding a new section, as follows:

 

"Camping, dwelling and lodging prohibited.
A. No person shall, without the approval of the General Manager, camp, dwell or lodge on a street, subject to application of the City's Interdepartmental Protocol for Homeless People Camping in Public Spaces."


4 - Motion to Adopt Item as Amended (Carried)
Source: Toronto City Clerk at www.toronto.ca/council