Item - 2016.PW14.11

Tracking Status

PW14.11 - Basketball and Hockey Nets on the Public Right of Way

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on July 12, 13, 14 and 15, 2016, adopted the following:

 

1. City Council amend Chapter 950, Traffic and Parking, to authorize the playing of hockey and basketball on a roadway under the following conditions:

 

a. the roadway must be classified as a local road and have a speed limit of 40km/hr or less;

 

b. the playing of hockey or basketball on the roadway is permitted only during daylight hours and never before 9:00 a.m. or after 8:00 p.m.; and

 

c. persons participating in, or permitting such activity, are responsible for determining what locations are safe and for playing in a safe manner and agree that they are assuming any and all liability to persons and all risks to themselves or children under their care associated with the decision to engage in this conduct and that they waive any and all claims against the City.

 

2. City Council amend Chapter 743, Streets and Sidewalks, Use of, to allow for portable basketball and hockey nets in use during these activities as permitted encroachments, not requiring a permit or an encroachment fee or agreement, but being maintained in accordance with Article V of Chapter 743 at the owner or occupier's expense and subject to the following conditions:

 

a. they do not obstruct pedestrian and vehicle sight lines;

 

b. they do not obstruct driveways, impede or pose a hazard or potential hazard to pedestrian or vehicle traffic;

 

c. they do not interfere with the City's ability to maintain the street in a state of good repair or to keep it free of litter, snow and ice;

 

d. they do not interfere with traffic control devices or the existing and future location and maintenance of sidewalks, bicycle trails or utilities;

 

e. they do not extend into the boulevard area fronting any neighbouring property when the common lot line is projected perpendicular to the road;

 

f. they are immediately removed upon completion of the activity; and

 

g. any other criteria considered appropriate by the General Manager, Transporation Services

 

3. City Council amend Chapter 743, Streets and Sidewalks, Use of, to permit the encroachment of portable basketball and hockey nets on the boulevard within three metres of the travelled portion of any road without curbs that has a posted speed limit of 40km/h or less.

 

4. City Council amend Chapter 743, Streets and Sidewalks, Use of, to exempt owners and occupiers of land adjoining any street who place portable hockey and basketball nets on a boulevard as a permitted encroachment pursuant to Part 3 above of the requirement to obtain appropriate locate information for public and private utilities, services, equipment or facilities.

 

5. City Council authorize and direct the appropriate City Officials to take the necessary action to give effect to Council's decision, including the introduction in Council of any Bills that may be required to implement Council's decision.

 

6. City Council request the General Manager, Transportation Services to report to the Public Works and Infrastructure Committee in the first quarter of 2017 on a pilot program for reoccurring street closure permits for local residential roads, for the purposes of games and sport, including an appropriate approval process and fee.

Background Information (Committee)

(May 26, 2016) Report from the General Manager, Transportation Services on Basketball and Hockey Nets on the Public Right of Way
https://www.toronto.ca/legdocs/mmis/2016/pw/bgrd/backgroundfile-93958.pdf

Background Information (City Council)

(July 7, 2016) Supplementary report from the General Manager, Transportation Services on Basketball and Hockey Nets on the Public Right of Way (PW14.11a)
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-94965.pdf

Communications (Committee)

(June 17, 2016) Letter from Councillor Christin Carmichael Greb (PW.New.PW14.11.1)
https://www.toronto.ca/legdocs/mmis/2016/pw/comm/communicationfile-61581.pdf

Communications (City Council)

(July 12, 2016) E-mail from Toby Wright (CC.New.PW14.11.2)
(July 12, 2016) E-mail from Maria Fashion (CC.New.PW14.11.3)

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Christin Carmichael Greb (Carried)

That:

 

1. City Council amend Chapter 950 to authorize the playing of hockey and basketball on a roadway under the following conditions:

 

a. the roadway must be classified as a local road and have a speed limit of 40km/hr or less;

 

b. the playing of hockey or basketball on the roadway is permitted only during daylight hours and never before 9:00 a.m. or after 8:00 p.m.; and

 

c. persons participating in, or permitting such activity, are responsible for determining what locations are safe and for playing in a safe manner and agree that they are assuming any and all liability to persons and all risks to themselves or children under their care associated with the decision to engage in this conduct and that they waive any and all claims against the City.

 

2. City Council amend Chapter 743 to allow for portable basketball and hockey nets in use during these activities as permitted encroachments, not requiring a permit or an encroachment fee or agreement, but being maintained in accordance with Article V of Chapter 743 at the owner or occupier's expense and subject to the following conditions:

 

a. they do not obstruct pedestrian and vehicle sight lines;

 

b. they do not obstruct driveways, impede or pose a hazard or potential hazard to pedestrian or vehicle traffic;

 

c. they do not interfere with the City's ability to maintain the street in a state of good repair or to keep it free of litter, snow and ice;

 

d. they do not interfere with traffic control devices or the existing and future location and maintenance of sidewalks, bicycle trails or utilities;

 

e. they do not extend into the boulevard area fronting any neighbouring property when the common lot line is projected perpendicular to the road; and

 

f. they are immediately removed upon completion of the activity; and

 

g. any other criteria considered appropriate by the General Manager, Transporation Services

 

3. City Council amend Chapter 743 to permit the encroachment of portable basketball and hockey nets on the boulevard within three metres of the travelled portion of any road without curbs that has a posted speed limit of 40km/h or less.

 

4. City Council amend Chapter 743 to exempt owners and occupiers of land adjoining any street who place portable hockey and basketball nets on a boulevard as a permitted encroachment pursuant to Part 3 above of the requirement to obtain appropriate locate information for public and private utilities, services, equipment or facilities.

 

5. City Council authorize and direct the appropriate City Officials to take the necessary action to give effect to Council's decision, including the introduction in Council of any Bills that may be required to implement Council's decision.

Vote (Amend Item) Jul-15-2016 12:00 PM

Result: Carried Majority Required - PW14.11 - Carmichael Greb - motion 1
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mark Grimes, Michelle Holland, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Jon Burnside, Stephen Holyday
Total members that were Absent: 7 Members that were absent are Justin J. Di Ciano, Frank Di Giorgio, John Filion, Giorgio Mammoliti, Ron Moeser, Anthony Perruzza, David Shiner

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

That City Council request the General Manager, Transportation Services to report to the Public Works and Infrastructure Committee in the first quarter of 2017 on a pilot program for reoccurring street closure permits for local residential roads, for the purpose of games and sport, including an appropriate approval process and fee.

Vote (Amend Item) Jul-15-2016 12:01 PM

Result: Carried Majority Required - PW14.11 - Layton - motion 2
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 7 Members that were absent are Justin J. Di Ciano, Frank Di Giorgio, John Filion, Giorgio Mammoliti, Ron Moeser, Anthony Perruzza, David Shiner

Motion to Adopt Item as Amended (Carried)

PW14.11 - Basketball and Hockey Nets on the Public Right of Way

Decision Type:
ACTION
Status:
Without Recs
Wards:
All

Committee Recommendations

The Public Works and Infrastructure Committee:

 

1. Forwards the item to City Council without recommendation.

Decision Advice and Other Information

The Public Works and Infrastructure Committee:

 

1.  Requested the General Manager, Transportation Services to report directly to City Council, for its meeting on July 12, 2016, on hockey and ball playing on streets on the following:

 

a. number of 311 calls related to these activities;

 

b. number of notices of violation issued for these activities;

 

c. number of tickets issued for these activities; and

 

d. geographic location and categorization of the complaints and enforcement activities related for these activities.

 

The Public Works and Infrastructure Committee recessed its public session to meet in closed session to consider this item as it relates to the receiving of advice that is subject to solicitor-client privilege.

Origin

(May 26, 2016) Report from the General Manager, Transportation Services

Summary

Transportation Services is responding to a request from the Public Works and Infrastructure Committee to consider the feasibility of allowing basketball nets and hockey nets on the public right of way where no sidewalks are provided.  The report will summarize the current by-laws, attempt to explain the reasons they are in place and set forth possible options for removing the prohibition of sports equipment being placed in the right of way.

 

Options are provided for consideration should City Council choose to remove the prohibition of portable basketball or hockey nets on the boulevard adjacent to a private property (the "boulevard").  City Council would need to approve amendments to the Municipal Code Chapter 743 - Streets and Sidewalks, Use Of to either include portable basketball and hockey nets as a permitted encroachment or to authorize the General Manager, Transportation Services to enter into an encroachment agreement for the placement of a portable basketball or hockey net on the boulevard.

 

Amending the Municipal Code to remove the prohibition of portable basketball or hockey nets on the public right of way is not supported by Transportation Services, as it encourages children and adults to play on the roadway as it creates obstructions and encroachments which could create a safety hazard for motorists and interfere with required maintenance activities.  Playing on the roadway is prohibited for safety and liability reasons.

Background Information

(May 26, 2016) Report from the General Manager, Transportation Services on Basketball and Hockey Nets on the Public Right of Way
https://www.toronto.ca/legdocs/mmis/2016/pw/bgrd/backgroundfile-93958.pdf

Communications

(June 17, 2016) Letter from Councillor Christin Carmichael Greb (PW.New.PW14.11.1)
https://www.toronto.ca/legdocs/mmis/2016/pw/comm/communicationfile-61581.pdf

Speakers

Miroslav Glavic
Derek Moran

Motions

1 - Motion to Meet in Closed Session moved by Councillor Jaye Robinson (Carried)

That the Committee recess its public session to consider Item PW14.11 as it relates to the receiving of advice that is subject to solicitor-client privilege.


2 - Motion to forward item Without Recommendations moved by Councillor Mary-Margaret McMahon (Carried)

That:

 

1. The item be submitted to City Council without recommendation;

 

2. The General Manager of Transportation be requested to report directly to City Council for its meeting on July 12, 2016 on hockey and ball playing on streets the following:

 

a.  Number of 311 calls related to these activities;

 

b.  Number of notices of violation issued for these activities;

 

c.  Number of tickets issued for these activities; and

 

d.  Geographic location and categorization of the complaints and enforcement activities related for these activities.

Source: Toronto City Clerk at www.toronto.ca/council