Home Council Parking tickets rescinded, parking bylaw under review

Parking tickets rescinded, parking bylaw under review

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by Connie Tabbert
Editor

COBDEN — Elmer Winters had a smile on his face as he handed bylaw officer Doug Schultz a parking ticket he didn’t have to pay following the decision by Whitewater Region Township council to rescind certain parking tickets issued in recent weeks.
Mr. Schultz and bylaw enforcement officer Jim McBain spoke to council last night regarding the parking bylaw, which was being enforced for the first time since being passed last year.
Following a 30 minute discussion about the bylaw and tickets issued, council passed a motion stating it agrees to rescind all parking tickets that have been issued to date while the parking bylaw is being revised.
However, the motion also states that issues related to other than winter control will continue to be enforced.
Mr. Schultz provided background on why a parking bylaw was created. Following his arrival in the township in 2011, Mr. Schultz heard concerns from public works and the fire departments, as well as school bus drivers about certain parking situations. Mr. Schultz reviewed the parking bylaw in effect, but there was no way to enforce it he explained.
Council at that time gave the bylaw department direction to draft a new bylaw.
“We took a long time drafting it,” he said. “We wanted it to be user friendly.”
Mr. Schultz was also before council to see how they wanted the bylaw enforced because there have been several concerns from people who have received parking tickets or don’t like the wording of the parking bylaw.
Councillor Daryl McLaughlin questioned why winter parking restrictions are from 3 a.m. to noon.
Public works manager Bill Misener said snowplow operators don’t go out until 5 a.m. Picking up the snow doesn’t occur until after the roads are plowed, which is usually after 7 a.m., he said. There is no overnight snow pickup due to how much overtime that would generate, he explained. As for going out between midnight and 7 a.m., “unless it’s an absolute terrible storm, we don’t go out.”
Snow removal is usually done by noon in Cobden and then it’s time to go to Foresters Falls, Westmeath and La Passe, he said. By that time, the parking bylaw restrictions have already lapsed and it’s difficult to pick up the snow with the cars already parked on the streets.
“We need to tweak that a little bit,” Mr. Misener said. “We need to work with some of the residents, there’s no doubt about it. Some of them are better than others, but we just want to have something we could fall back on.”
Councillor Chris Olmstead said clearer definitions and wording are required. He noted not allowing parking on downtown streets until noon, is not good for business and those coming out of church could receive a ticket. As well, there’s also the potential for a person shopping in one of the downtown stores to receive a parking ticket, he added.
He suggested the wording could be tied in with the forecast. If there’s X amount of snow to fall, no parking is allowed, he explained.
Councillor Charlene Jackson also agreed it could be tied in to when snow removal is necessary. As for the school buses, signs could be erected, similar to the fire lane signs, she added.
She also suggested putting up temporary signs that snow removal is occurring on that certain day.
“People would see the signs and not park,” she said. “There’s great concern with parking on Main Street and parking in other areas of snow removal.”
Coun. Jackson said dates should be removed out of the bylaw. She noted there hasn’t been much snow this year and it could be removed within a few days.
She said it’s unfortunate that people who have been parking in the same spot for years are all of a sudden getting a parking ticket.
“This is new because it was put in place in 2014, so this is the first winter that this is enforced,” she said. “Mr. McBain has done a great job in ticketing unfortunately, and that’s why we’re forced with reviewing this again.”
Mr. Misener said with an accumulation amount, it could be a few days before snow is removed depending on how much plowing needs to be done.
“If there’s a snow storm Monday night, it could be Wednesday before it’s picked up,” he said. “There are no dedicated crews that just pick up snow.
“We have to come up with a better system, and this being the first year, we’ve identified there is a problem.”
Coun. McLaughlin was advised the bylaw officer cannot give tickets to vehicles parked on county roads, which means no tickets to vehicles parked on the main street of Cobden, Beachburg, Foresters Falls for Westmeath.
“That takes away a whole lot of problems that I’m hearing around the table,” he said.
Coun. McLaughlin questioned if council wants to include county roads in its bylaw. If it does, it has to make a plea to county to allow that to occur, he said.
Councillor Cathy Regier asked, “Was the public educated on this bylaw? The reason I ask, is Cobden the only people being ticketed, has anybody else in the municipality?”
Mr. Schultz said an ad was placed in the paper and the first time Mr. McBain began issuing tickets, he only gave out warnings.
Cobden has been one that’s been ticketed, but that’s because of the way the bylaw is set, he said. Mr. McBain begins parking bylaw enforcement in Arnprior around 1 a.m., travels down through Renfrew and then Cobden and Beachburg. He quits at 4 a.m., because he doesn’t want to ticket someone who is going to work right then.
“We could probably look at better spreading it out,” Mr. Schultz said. “We could do Cobden one week, Beachburg one week, or once a month. We’re just looking for direction from council.”
Coun. Regier suggested information be included in the tax and water bills to make people aware of the bylaw.
Mr. Schultz agreed that would be a good idea.
Coun. Jackson suggested the bylaw be tabled and more discussion be held during a committee meeting.
“It needs a little bit of tweaking,” she said. “This is the first year. I do agree that education in the tax and water bills would be great.”
The bylaw does say any highway, so it’s throughout the municipality, she said.
“We have to be aware of that,” she said. “We don’t want to be seen as targeting one area, if that’s the area that always seems to get hit.”
Coun. Jackson said tickets were issued on Main Street, but Mr. Schultz advised the three were withdrawn.
He questioned what the bylaw enforcement officer should do in the meantime while the bylaw is being revised.
“I would say that you might need to get an opinion with regards to that,” she said. “Until any law is revised, that law is in place.”
Mr. Schultz said many people have said council is going to rescind the tickets that have been issued.
Reeve Terry Millar is not happy with the issuance of tickets.
“I think as a council, and you are looking for direction from council, I think it’s imperative that all these tickets get rescinded immediately. That’s my opinion.
“We did without a parking bylaw until a couple of years ago and I don’t know where all the snow was for the last 50 to 60 years.
“I realize Bill is having a little bit of trouble, and maybe I’m a little naive, but this isn’t downtown Toronto and we can work around it, at least in the meaintime.
“I really think council should rescind all tickets, do not authorize any more tickets to be written and that we should help Bill solve the problem and revisit it. We almost have this winter in. We should revisit it next year.
“We’re just turning our people off over nothing,” Reeve Millar said.
“There’s people out there who believe we’re doing this for a $20 bill. We have an $8 million budget and we’re doing this for $20,” he said. “They think it’s about money. It’s crazyness.”
Reeve Millar believes council and staff are spending too much time on this issue.
The night the tickets were issued in Cobden was when there was no snow. There were eight or nine people at a house party and they were the ones who received the tickets, he said.
“These were people who came in to this area to attend a special party at the Legion. There were band members. Every one of them got a ticket and we didn’t get any snow.”
Mayor Hal Johson said further discussion will happen at committee.
“We need everybody on board to find a proper way of doing this,” he said.
There are several ways to approach the bylaw, which would include one for plowing and another for snow removal, he said. As a former roads manager for 10 years in the township, Mayor Johnson is aware of what Mr. Misener is dealing with. He recalled when people wouldn’t remove their vehicles and the roads crew would block the vehicle in with snow in front and behind.
“I know you can’t do that,” he said.
“We need to get this right, so let’s take the time to do it.”
Mr. Misener said there is liability if there is no bylaw.
“We needed something in place in order to cover ourselves, that was the biggest reason,” he said.
The fire department has an issue because fire trucks can’t get out, and this bylaw also covers that, he said.
“This is the first winter it came into effect,” he said. “We realize now there are some issues.”
Coun. McLaughlin said it all comes down to education. People may not have known they shouldn’t park where they did on the night in question, but the home owner should have known people were not allowed to park where they did.
He suggested staff give input to a revised bylaw, noting there possibly was not enough thought given in the development of the current bylaw.
Mr. Schultz said he needs direction on the tickets, because they will soon be registered on people’s driver’s licences.
“The consensus is we’ll rescind what we have issued so far,” Mayor Johnson said.
Reeve Millar noted even though there is a bylaw, council does not have to enforce it.
“All I’m saying is no enforcement until we’re sure what it is we’re enforcing,” he said, adding, “And we get the message out to people. Then everybody leaves here tonight knowing it’s solved temporarily until we think it out.”
Coun. Jackson said it will still be enforceable regarding fire lanes and schools. Gould Street is affected by the fire lanes, however, she said those tickets issued should also be rescinded because those people were not aware they were going to be ticketed — now they know and will take precaution with regards to parking.
She suggested those attending the house party could have parked in the school parking lot just across the street from the house..
“We have to make sure the fire trucks can get out,” she said.
Mr. Schultz noted the bylaw is totally enforceable until it’s rescinded.
He further noted Mr. McBain has not issued tickets recently.
Coun. McLaughlin also suggested the fire lane parking and the school bus parking signs need to be erected, and if they are, possibly located in a better location.
Mr. Misener agreed the fire lane signs are vague.
“We need better signage,” he said.
Mr. Misener noted two school bus loading zone signs were erected, but Coun. McLaughlin said he hasn’t seen them.
Coun. Jackson said home owner Ron Laronde, who was standing in the doorway of council chambers throughout the meeting waiting for this discussion, was the person hosting the house party the night the tickets were issued.
“If Mr. Misener can indicate to him, or to some of the residents, where exactly they are allowed to park on Gould Street would be most helpful with regards to that no fire parking,” she said. “Until that time, no tickets will be issued.”
Mr. Misener said Mr. Laronde and Mr. Winters park off the road, but the area is paved and it’s not near the fire station.
However, Coun. McLaughlin said parking should not be allowed there because turning onto Gould Street from Cowley Street with a bus means any vehicles parked there could get hit.
Mr. Schultz will review the bylaw and bring recommendations to the next committee meeting.
As Mr. Schultz left the meeting, Mr. Winters handed him the now-rescinded parking ticket.

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