GENERAL COMMITTEE
	TO:	Mayor and Members of Council
	FROM:	Jim Sales, Commissioner of Fire and Community Services Stuart Taylor, Director of Strategic Services
	PREPARED BY:	Mavis Urquhart, Manager, Environmental Leadership Jean-Pierre Bombardier and Justin Tse, Anti-Idling Technicians
	DATE OF MEETING:	June 20, 2005
	SUBJECT:	Proposed Idling Control By-law and Enforcement Program

RECOMMENDATION:

THAT the staff report “Report on Proposed Idling Control By-law and Enforcement Program” dated June 20, 2005, be received;

THAT an idling control by-law to prohibit unnecessary idling of vehicles within the Town of Markham, as described in this report, be brought forward for adoption;

THAT Corporate Communications staff assist in developing advertising strategies to inform the public about the by-law; and,

AND THAT the proposed by-law enforcement program, as outlined in this report, be adopted and that funding from Natural Resources Canada and Clean Air Partnership be received and used towards that program.

PURPOSE:

The purpose of this report is bring forward recommendations for an idling control by-law and accompanying by-law enforcement program for adoption.

BACKGROUND:

Poor air quality is emerging as a major public health concern. Nearly 6,000 Canadians die each year from the effects of air pollution according to Health Canada’s current estimate based on air pollution and mortality data from Windsor, Quebec City, Montreal, Ottawa, Toronto, Hamilton, Calgary and Vancouver. Air pollutants cause breathing difficulties, wheezing, coughing and aggravation of existing respiratory and cardiac conditions. Children and the elderly, especially those with pre-existing cardio-respiratory diseases, are particularly sensitive to air pollutants. Elevated levels of such pollutants are linked to increased visits to doctors or emergency rooms, increased use of medication, and a rise in the number of hospitalizations and premature deaths. Any action to reduce unnecessary idling is a significant step in reducing the health and environmental costs of air pollution while saving fuel, money and the vehicle from additional wear and tear. As a result, idling awareness campaigns now exist at all three levels of government and idling control by-laws are increasingly common in municipalities. Many municipal governments including the municipalities of Guelph, Kingston, London, Niagara Falls, Oakville, Stratford and Toronto all have idling control by-laws. Pickering Council recently passed an idling control by-law in February 2004 and the City of Hamilton is also currently considering passing one. Markham Council, at its meeting in May 2004 directed staff to:

• bring forward an idling control by-law in January 2005
• adopt an internal policy limiting idling of Town-owned vehicles to three minutes
• undertake an education program to support the idling control by-law

Anti-Idling Awareness Program

Town Staff hired two anti-idling technicians on a part-time basis who led a 7 month awareness campaign. There were four components to the campaign which is described below:

1. School Awareness

Studies have shown that 30-40% of parents idle their vehicles while waiting to pick up their children from school. The Town of Markham Idle-free campaign has focused on education and outreach to students, teachers and parents about the adverse effects of idling on health. Children breathe twice the amount of air per kilogram of body weight than adults and are more vulnerable to respiratory illnesses from inhaling pollutants emitted from vehicle exhaust. Staff liaised with student environment clubs including: Markham District; Markville; Unionville and Thornlea High Schools; as well as Buttonville Public School and All Saints Catholic School; and provided communication materials including monitoring and idle-free pledge forms, posters, mock tickets, decals, and brochures. The outcome of this was the establishment of idle-free school zones, and presentations from Clean Air champions at Markville and Thornlea High Schools.

2. Municipal Fleet Operations

The Town fleet management and operators were identified as necessary contributors to the success of the campaign as the Town needs to “get its house in order” prior to demanding the same of its residents. Educational anti-idling presentations were made to Parks, Roads and Waterworks staff identifying the health, monetary and mechanical benefits to reduced idling.

3. Public Awareness

Booths set up at Community Centres and libraries and presentations were well-received by numerous audiences including the Mayor’s Youth Task Force, The Markham Conservation Committee and the Commuter Clinic. Communication materials were also been placed at all Recycling Depots as well. An Idle-Free Day was held on March 31 to celebrate Council’s designation of all Community Centres, Public Libraries, and the Anthony Roman Centre as Idle-Free Zones.

The Markham-Newmarket Idle-Free Challenge sponsored by the York Region Environmental Alliance offered residents from both communities the opportunity to make a pledge to reduce their idling. The challenge which began in September 2004 and ended on May 31^st, 2005, has been used as a public awareness tool with much success. The Town of Markham won the challenge with a total of over 1,600 pledges from residents to reduce their idling and encourage others to do the same. An anti-idling website was also established through the Town page on the internet and offers information on the Markham-Newmarket Challenge, the anti-idling campaign, useful links, free decal and keychain to Town residents and frequently asked questions. To date, Markham-branded materials, which including over 1000 brochures, 900 windshield decals, and 750 key chains have been developed and distributed to the public. A further 100 posters, 200 NRCan brochures and 200 NRCan decals have been distributed. These materials have also been circulated at public events including the Earth Day event and Town Hybrid Vehicle display at Markville Mall.

4. Local ”Hot Spots”

In addition to high incidences of idling outside Markham Schools, GO Train Stations are also areas of concern. Staff approached passengers at several Markham GO Train Stations and distributed communication materials regarding the anti-idling campaign.

DISCUSSION:

With the recent conclusion of the anti-idling educational campaign, staff held a public consultation meeting in advance of bringing forward the idling control by-law and enforcement plan for adoption. The following section describes the public consultation meeting, the proposed by-law and proposed enforcement plan.

1. Public Consultation Meeting

A stakeholders’ meeting was held on April 27^th at Angus Glen Community Centre. Despite invitations to all major stakeholders (such as taxi, tow truck brokers, transportation companies, public transit companies, courier services and ratepayer groups) and newspaper advertisements, attendance was low, which may indicate general acceptance and support from the community.

B. Idling Control By-law

The following is a discussion of the key elements of the proposed idling control by-law:

i) Length of Idling Time

Currently, the maximum idling time in other municipalities in Ontario ranges from 3 to 10 minutes. It is recommended that a 3 minute standard be adopted for Markham for the following reasons:

· Applies to all engine types, including diesel engines: it is the minimum warm up and cool down requirement specified by diesel truck manufacturers. While other vehicle types may require shorter warm up periods, 3 minutes is the proposed maximum requirement under the by-law. People will be encouraged to idle even less through awareness programs;

· Consistent with the standard used in 2 neighboring municipalities: (Town of Whitchurch-Stouffville and City of Toronto);

· Reasonable for enforcement: the by-law enforcement officer must wait only 3 minutes to observe the idling vehicle before the charge can be laid;

· Consistent with Council-directed internal policy: to limit idling of Town-owned vehicles to 3 minutes.

It is therefore recommended by staff that a maximum 3 minute idling time be incorporated into the by-law.

ii) Extending Idling Time for Transit Vehicles on Layover

Most existing idling control by-laws allow transit vehicles to idle for 10 or even 15 minutes on layover, or stopover, while they adjust their service schedules, except where idling is substantially for the convenience of the operator. This is usually justified on the grounds of providing a comfortable environment for passengers. However, a 10 or 15 minute allowable idling period makes enforcement very unlikely as enforcement officers have to wait during that period prior to issuing a ticket. This is a concern since diesel vehicles – especially older diesel buses without electronic controls are particularly dirty when idling, emitting toxic particles and other pollutants, as well as greenhouse gases. Emissions from idling buses can become problematic in bus terminals, or other partially enclosed areas. A representative from the York Region District School boards’ transportation department commented at the public consultation that they already have policies that require drivers to turn off their engines at stopovers and layovers.

It is therefore recommended by staff that transit vehicles have the same idling restrictions as all other vehicles.

ii) Exemptions

Certain circumstances warrant vehicles be exempt from the provisions of the idling control by-law including police, fire and ambulance vehicles, while engaged in operational activities. Other vehicles recommended to be exempted are vehicles assisting in emergency activity; mobile workshops; armoured vehicles; vehicles required to idle for servicing; vehicles motionless during traffic and vehicles engaged in the course of a parade or race, or any event authorized by the municipality.

It is therefore recommended by staff that the exemptions described above be incorporated into the proposed by-law.

iii) Temperature Exemptions

Temperature exemptions are made in many existing idling control by-laws, where warranted by the climate. They permit vehicles to idle so that the air conditioner or heater can be used when the outdoor temperature is over 27^oC and below 5^oC. This temperature exemption is consistent with 11 of the 15 existing idling control by-laws currently in effect in Ontario. By-law enforcement staff advises this is a very difficult provision to enforce because of the necessity to have an accurate temperature reading. They would prefer to apply discretion on very hot and very cold days, taking into account when there is a smog alert in effect.

It is therefore recommended by staff that temperature exemptions not be incorporated into the proposed by-law.

iv) Idling Control By-law Process for Tickets

Staff proposes to issue tickets to violators of the by-law by using the Part I Offence process under the Provincial Offences Act (POA). The Part 1 Offence process is the same process used with speeding tickets. To create the Part I Offence, the Town must pass a by-law creating an offence and then submit a request to the Province requesting approval of the wording to be used on the ticket and a set fine amount. The set fine is a nominal amount, for example, between $30 and $100, whereas if a person was charged by summons and found guilty of the same offence in court, the fine is determined by the Justice of the Peace and can be as high as the maximum fine permitted under the POA ($5,000). Staff recommends a fine between $30 and $100.

C. Idling Control By-Law – Implementation Plan

It is recommended an idling control by-law as described in this report be approved and become effective upon adoption. Staff will then:

1. Apply to the Ministry of the Attorney General’s office for a set fine in the amount between $30 to $100, similar to set fines for parking infractions; and,

2. Implement the enforcement program to raise public and staff awareness of the new regulation.

4. Enforcement Program

Except for parking infractions, the Town’s enforcement philosophy is to work to obtain compliance prior to laying charges. Since idling control matters are not parking infractions, the enforcement program will be based upon obtaining compliance through education first. Enforcement planning for an idling control by-law could incorporate the following activities:

· Identification of areas where idling compliance may be a problem so that education and enforcement efforts are appropriately targeted;

• Compliance promotion activities including:
• Information and education on the rationale for, and requirements of the by-law (for example, advertisements distributed with the water bill)
• Posting of signs with maximum idling limit to inform the public about the law and encourage voluntary compliance
• Warnings issued to individuals or firms whose vehicles are found idling. (Town staff can report instances of idling to employers, many of which discourage idling themselves).

· Enforcement and legal action to compel compliance and impose penalties for violating the law. Approaches may include:

o Proactive blitzes of hotspots (connected to anti-idling campaigns such as GO train stations)

o On-going proactive enforcement

o Some combination of the above

• Monitoring and periodic evaluation of enforcement activities and their impact on idling
• Working in partnership with the York Regional Police Core

Staff propose that since the purpose of the idling control by-law is to reduce the incidences of unnecessary vehicle idling within the community, enforcement staff may advise drivers of the Town’s by-law prior to the three minute limit and request that they turn their engines off. An information/education card regarding idling could be provided to the driver. Tickets will be issued to those drivers who do not comply with the request, three minutes after they were first observed to be idling.

5. Clean Air Partnership and NRCan will Provide Markham with $8000 for enforcement

Town of Markham will be working together with the Clean Air Partnership in the enforcement of the idling control by-law. In January, Council approved a staff recommendation that Markham participate in their Idle-Free program 2005-2006, including participating in a case study with funding from Natural Resources Canada. The goal of the case study is to explore the effectiveness of reducing idling by implementing a by-law-led approach versus implementing a public education and outreach-led approach (without a by-law). The two participating municipalities would take one route, or the other. Markham’s primary approach would be “by-law first” while the other municipality (Town of Ajax), will focus only on education and outreach initiatives. The effectiveness of the two approaches will be compared as part of the study. To facilitate the enforcement and monitoring program which will provide feedback to the study, Natural Resources Canada and the Clean Air Partnership has agreed to provide a grant in the amount of $8000 to assist with Markham’s enforcement program. In addition, Markham will be able to conduct focus groups with residents with the support of NRCan to test out approaches, materials and ideas with the public about developing the details of an effective enforcement plan.

Markham Staff will also be participating in the GTA Idle-Free week with CAP from June 13-17 to bring awareness to this issue. By-law enforcement staff will assist by handing out mock tickets and information cards provided to the Town by CAP to those persons idling their cars.

FINANCIAL CONSIDERATIONS:

As identified above, funding in the amount of $8,000 will be available from Natural Resources of Canada and the Clean Air Partnership to assist with the enforcement and monitoring of the idling control by-law. Finally, once the idling control by-law is in effect, staff will continue to work with Corporate Communications to publicize and develop an advertising strategy for the by-law. $2,500 was approved by Council from the Longo’s Clean Air Fund (Partnership reserve account #86-2700-830)for promotional materials in January 2005.

CONCLUSION:

Air quality issues are becoming increasing important as they relate to the overall health of the community. Controlling unnecessary idling is a small step that everyone can take towards reducing pollution. Staff recommends an idling control by-law now be passed and enforced as needed to complement the educational program to reduce unnecessary idling within the Town of Markham.

Stuart Taylor Director of Strategic Services

Jim Sales Commissioner of Fire and Community Services

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