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Anti-Idling Bylaw
Bylaw No. 416, 2010
Adopted: April 19, 2010
PO Box 141, 400 Centre Road, Lions Bay, BC V0N 2E0
Phone: 604-921-9333 Fax: 604-921-6643
Email: [email protected] Web: www.lionsbay.ca
Village of Lions Bay
Anti-Idling Bylaw No. 416, 2010
Page 2
Bylaw No. 416, 2010
Anti-Idling Bylaw
A bylaw to regulate, control, or prohibit idling of vehicles.
The Council of the Village of Lions Bay, in open meeting assembled, enacts as follows:
WHEREAS pursuant to Section 124(1)(c) of the Motor Vehicle Act, a municipality may, by bylaw,
regulate, control and prohibit the stopping, standing, or parking of vehicles in the municipality;
AND WHEREAS pursuant to Sections 8(3)(h) and 64(c)of the Community Charter, a municipality may, by
bylaw, regulate, prohibit and impose requirements with respect to the protection and enhancement of
the well-being of its community in relation to the emission of smoke, fumes and other effluvia that is
liable to foul or contaminate the atmosphere;
AND WHEREAS motor vehicles are sources of particulate matter, nitrogen oxides, carbon monoxide,
sulphur oxides, volatile organic compounds and greenhouse gas emissions;
AND WHEREAS air pollution in the Village of Lions Bay is associated with the well-being of the
community;
AND WHEREAS, the Village of Lions Bay has committed to reducing greenhouse gas emissions under the
B.C. Climate Change Action Charter
THEREFORE the Council of Lions Bay enacts the following by-law:
This Bylaw may be cited as "Anti-Idling Bylaw No. 416, 2010".
Severability
1.
If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid
portion must be severed and the remainder of this bylaw is deemed to have been adopted
without the severed portion.
Definitions
2.
In this Bylaw, the following definitions apply:
"Bylaw Enforcement Officer" means every person designated by Council by name of office or
otherwise as an enforcement officer for the purposes of administering and enforcing this Bylaw;
and a peace officer including every member of the Royal Canadian Mounted Police;
"Idle" means the operation of a vehicle engine while the vehicle is not in motion and "idling" has
a corresponding meaning;
Village of Lions Bay
Anti-Idling Bylaw No. 416, 2010
Page 3
"Vehicle" or "Motor Vehicle" means any vehicle that is capable of being driven or drawn on
roads by any means other than muscular power exclusively, but does not include any vehicle
designed to run exclusively on rails or utilizing hybrid technology; and
"Vehicle with Power Take-off" means a vehicle containing work equipment that must be
powered by the vehicle engine.
General Prohibition
3.
No person shall cause, permit or allow a vehicle to idle for more than one minute in any one
hour period.
Exemptions
4.
Section 3 does not apply to:
(a) police, fire or ambulance vehicles while engaged in operational activities, except
where idling is substantially for the convenience of the operator of the vehicle;
(b) vehicles assisting in an emergency activity;
(c) vehicles with power take-off while they are in the course of being used for their
basic function;
(d) vehicles for which idling is required to service the engine or conduct repairs;
(e) armoured vehicles in which a person remains inside the vehicle while guarding the
contents, or while the vehicle is being loaded or unloaded;
(f) vehicles remaining motionless because of an emergency, traffic, weather conditions
or mechanical difficulties over which the driver has no control; or
(g) vehicles idling while passengers are actively embarking or disembarking.
Administration and Enforcement
5.
This by-law may be administered and enforced by a By-law Enforcement Officer of the Village of
Lions Bay.
Means of Enforcement
6.
This bylaw is designated under section 264(1)(a) of the Community Charter as a bylaw that may
be enforced by means of a municipal ticket information under the Community Charter, and is
also designated under section 4 of the Local Government Bylaw Notice Enforcement Act as a
bylaw that may be enforced by means of a bylaw notice.
Village of Lions Bay
Anti-Idling Bylaw No. 416, 2010
Page 4
Designation of Bylaw Officer
7.
Bylaw Enforcement Officers are designated under section 264(1)(b) to enforce this bylaw by
means of a municipal ticket information under the Community Charter and is also designated
under section 4 of the Local Government Bylaw Notice Enforcement Act as a bylaw that may be
enforced by means of a bylaw notice.
8.
The expression "Unlawful Idling" is hereby authorized under section 264(1)(c) of the Community
Charter to designate the offence committed under section 3 of this bylaw.
9.
A fine is hereby established under s.265(1)(a) of the Community Charter as the fine amount for
any offence committed under section 3 of this bylaw.
10.
A penalty is hereby established under section 6 of the Local Government Bylaw Notice
Enforcement Act as the penalty due for any offence committed under section 3 of this bylaw.
Offence and Penalty
11.
Any person who contravenes any provision of this bylaw is guilty of an offence.
READ A FIRST TIME on
February 1, 2010
READ A SECOND TIME on
February 1, 2010
READ A THIRD TIME on
April 6, 2010
ADOPTED by the Council on
April 19, 2010
__________________________
Mayor
__________________________
Village Manager
Certified a true copy of
Bylaw 416, 2010 as adopted
Village Manager