http://www.tpsb.ca/FS...

The following draft Minutes of the meeting of the Toronto Police Services Board held on July 21, 2011 are subject to adoption at its next regularly scheduled meeting.

MINUTES OF THE PUBLIC MEETING of the Toronto Police Services Board held on JULY 21, 2011 at 1:30 PM in the Auditorium, 40 College Street, Toronto, Ontario.

PRESENT: Dr. Alok Mukherjee, Chair
Mr. Michael Thompson, Councillor & Vice-Chair
Ms. Judi Cohen, Member
Mr. Chin Lee, Councillor & Member
Dr. Dhun Noria, Member
Ms. Frances Nunziata, Councillor & Member

ALSO PRESENT: Mr. William Blair, Chief of Police
Mr. Albert Cohen, City of Toronto - Legal Services Division
Ms. Deirdre Williams, Board Administrator

#P182. HARMONIZATION AND ENFORCEMENT OF SIDEWALK CYCLING BY-LAWS IN THE CITY OF TORONTO

The Board was in receipt of the following report June 23, 2011 from William Blair, Chief of
Police:

Subject: HARMONIZATION AND ENFORCEMENT OF SIDEWALK CYCLING BYLAWS IN THE CITY OF TORONTO

Recommendations:
It is recommended that:
(1) the Board receive the following report; and
(2) the Board forward a copy of this report to the Public Works and Infrastructure Committee.

Financial Implications:
There are no financial implications relating to the recommendations contained within this report.

Background/Purpose:
At its meetings on February 7 and 8, 2011, City Council adopted the following motions:
(1) City Council request the Toronto Police Services Board to request the Chief, Toronto Police Service, to create a strategy to enforce sidewalk cycling related by-laws in the City of Toronto.
(2) City Council request the Toronto Police Services Board to request the Chief, Toronto Police Service, to review, in consultation with Transportation Services, ticketing procedures for sidewalk cycling infractions.
(3) City Council request the Toronto Police Services Board to request the Chief, Toronto Police Service, to investigate options to step up enforcement of illegal parking and stopping in designated bike lanes.

Discussion:
The combination of pedestrians and cyclists on sidewalks can be hazardous, particularly for senior citizens and pedestrians with visual, hearing or mobility impairments.

At present there are seven (7) by-laws covering the City with fines for riding a bicycle on a sidewalk ranging from $3.75 in some areas to $85.00 in others. These fines are based on preamalgamation by-laws of the former cities and boroughs. As such, these bylaws and associated fines regulating sidewalk cycling across the City need to be updated, clarified and harmonized to permit effective enforcement to improve pedestrian and cycling safety.

Presently, the predominant by-law provision restricts sidewalk cycling according to wheel size.
Bicycles with wheel sizes less than 61 cm are permitted to ride on the sidewalk with the intention of allowing young children to cycle on the sidewalk while learning to ride.

This is inherently problematic, as there are far too many bicycle styles and types with wheels under the 61 cm limit which are not being utilized by young children. Further, power assisted (Ebikes), folding bikes and a number of BMX bikes, have smaller wheel sizes, by design, thus rendering the bylaw under the stated limit of 61 cm as virtually unenforceable.

A number of Canadian jurisdictions including Vancouver, Montreal, London, and Niagara, have regulated bicycles on sidewalks by banning the practice outright, unless signed otherwise. It is unreasonable to consider further reducing the wheel size of bicycles within the by-law. This would restrict adult bikes with smaller wheels on sidewalks but not make provisions for children learning to ride when on sidewalks. It should be noted that there are a number of commercially available adult folding bicycles with tires sizes as small as 20 cm.

City Council Motion (1):
(1) City Council request the Toronto Police Services Board to request the Chief, Toronto Police Service, to create a strategy to enforce sidewalk cycling related by-laws in the City of Toronto.

In ongoing meetings on by-law harmonization, fines and enforcement (see response to City Council Motion (2) below), the Toronto Police Service has discussed a change to the exemption for riding on City sidewalks, allowing cyclists of a younger age (under 14 years) to ride, over the present by-law exemption of a wheel size under 61cm. This would streamline enforcement by allowing police officers to readily identify an adult rider and enforce the by-law based solely on rider identification and the prohibited activity. Further discussions center on there being one set fine across the City which would assist police officers with a clear and uniform application when educating the public and enforcing the by-law.

City Council Motion (2):
(2) City Council request the Toronto Police Services Board to request the Chief, Toronto Police Service, to review, in consultation with Transportation Services, ticketing procedures for sidewalk cycling infractions.

On Friday, November 20, 2009, a meeting to discuss by-law harmonization, fines and enforcement was held. This involved members of the City of Toronto Transportation Services and the Toronto Police Service. A second meeting was held on December 20, 2009, which included members of the Toronto Police Service, City of Toronto Transportation Services, Toronto Cycling Infrastructure and the Toronto Parking Enforcement Unit.

Recommendations were made to update and adjust fines for cars parked in bike lanes, power assist bicycles and electric scooter use in City bike lanes and were implemented on April 18, 2011. Further, ticketing procedures were reviewed for clarification and the implementation of a uniform City wide by-law was recommended, as fines vary dramatically across the City.

Future meetings for finalizing fines regarding sidewalk riding by-laws and enforcement proposals are being scheduled.

City Council Motion (3):
(3) City Council request the Toronto Police Services Board to request the Chief, Toronto Police Service, to investigate options to step up enforcement of illegal parking and stopping in designated bike lanes.

Continues...

There is presently no specific by-law offence for vehicles illegally parked or stopped in designated cycling lanes.

At a previous by-law harmonization, fines and enforcement meeting, a recommendation was made that similar wording and charge for no stopping in a bicycle lane be added to the City of Toronto parking infractions.

Recently, the City's Transportation Operations Managers and City Legal have come to a consensus on proposed set fines for the Toronto Municipal Code Chapter 886 (footpaths, pedestrian ways, bicycle paths and bicycle lanes). This by-law is awaiting approval by City Council. Once the by-law is in place and becomes enforceable, it will further assist the Toronto Police Service with its enforcement strategies.

Conclusion:
The Toronto Police Service continues to be an active partner in consultation with the City, and other cycling stakeholders on the development of new or amended cycling related by-laws that
are clear, uniform and enforceable across the City.

This continued partnership will also allow for expanded awareness and education campaigns as well as the creation of future enforcement strategies that involve all road users. Deputy Chief A.J. (Tony) Warr, Specialized Operations Command, will be in attendance to answer any questions that the Board may have regarding this report.

The Board approved the following Motions:
1. THAT the Board receive the foregoing report and forward a copy to the City’s Public Works and Infrastructure Committee for information; and

2. THAT the Chief of Police provide a report to the Board outlining the laws that apply to cyclists in Toronto and that this report include statistics with respect to TPS’s enforcement of these laws over the past two years.

Seen here, in a Toronto Star September 1, 2011 news report "Sidewalk cyclists face crackdown":
http://www.thestar.co...

In January, Toronto’s public works committee recommended that council work on a strategy to get cyclists off the sidewalks.

The police services board then discussed the issue in July and sent a report on harmonizing and enforcing sidewalk cycling bylaws back to the committee.

That report’s findings will be discussed in November, said committee chair Denzil Minnan-Wong.

“We’re dealing with a number of cycling issues at the November public works committee meeting,” he said, adding that raising fine amounts alone isn’t a solution.

“You can put a fine at whatever you like, but if there’s not an enforcement strategy there’s no real or effective deterrent,” he said.

Cities such as Vancouver, Montreal and London have banned cycling on sidewalks altogether, unless signed otherwise.

Not sure exactly how and when these City Council committes set their agendas... For example, meeting agendas for the Public Works and Infrastructure Committee and other committes are not usually published online until only 2-3 weeks before the date of the next meeting:
http://app.toronto.ca...

Yet Public Works committee chair Denzil Minnan-Wong is already aware of at least some of the agenda for their November 3rd (Thursday morning, 9:30am Committee Room 1) meeting.

Lock

Recommendations were made to update and adjust fines for cars parked in bike lanes, power assist bicycles and electric scooter use in City bike lanes and were implemented on April 18, 2011. Further, ticketing procedures were reviewed for clarification and the implementation of a uniform City wide by-law was recommended, as fines vary dramatically across the City.

So does this mean I'll get a ticket for riding in the drastically empty bike lanes in more than half of the city?

Only if you have your motor engaged. You can pedal all you want.

They seem to be a bit confused about "electric scooter"s. Scooter style ebikes, cruiser style ebikes, and mountain bike style ebikes are all the same under the Transport Canada and Ontario Ministry of Transportation. Municipalities have the option to pass laws regarding ebikes as a class, but not the authority to re-classify them into weight classes, looks classes, use classes or any other classes as far as I can see.

Electric scooters are either the electric powered disability scooters, or low speed motorcycles with an electric motor instead of a gas motor. Scooter-style ebikes are not electric scooters, they are also power-assisted bicycles.

Whatever. Put the cops to work and finally let me know where I stand regarding these laws. And don't forget to tell the 4-wheelers that I belong in "their" lane too.

Cyclists without bells will finally get ticketed, as well as the ones who run red lights, ride the wrong way as well as the cars who park in the bike lane. Like I said before, just let me know where I stand. Who knows, perhaps the car-lane would be safer for me after all.

So does this mean I'll get a ticket for riding in the drastically empty bike lanes in more than half of the city?

In theory Vic, yes.

This is only because the existing by-law covering Toronto bikelanes ("Chapter 886
FOOTPATHS, PEDESTRIAN WAYS, BICYCLE PATHS AND BICYCLE LANES"):
http://files.meetup.c...

...has its own definition for "bicycle":

BICYCLE — Includes a bicycle, tricycle or other similar vehicle, but does not include any vehicle or bicycle propelled or driven by any power other than muscular power.

Some City staff are using this by-law like a club to beat back ebikes from the bike lanes... (insisting that ebikes are permitted as long as they are not using their motors.)

...instead of just amending the by-law to bring it in accordance with the wishes of the Federal government and the Province of Ontario.

And they are being aided and abetted by folks like the Toronto Cyclist Union and the Toronto Coalition for Active Transportation, who fail to grasp that in 5-10 years there will be more ebikes on Toronto roads than pedal bikes.

I think the chances of a Toronto police officer actually ticketing an ebiker for this "infraction" are extremely remote.

Lock

I think the chances of a Toronto police officer actually ticketing an ebiker for this "infraction" are extremely remote.

I ride in bike lanes whenever I come accross them in my travels and have never been pulled over or yelled at by a "spandex".
When I come up to a bicycle in the lane ahead of me, I keep a safe distance 'till it is safe to pass in the active traffic lane (giving them plenty of space) and re-enter the bike lane when I am a safe distance ahead.
My way of thinking,'share the road' includes the bike lanes.
Jim.

My way of thinking,'share the road' includes the bike lanes.
Jim.

Your way of thinking is entirely reasonable. The way that you give due consideration and courtesy to the bike riders is commendable. I believe it is the safest and most efficient way to share the road too. At one time, I was riding outside of an empty bike lane, and cars had to move left to pass me. That didn't feel right, and I did move into the bike lane after a short time.

While strictly not lawful, I hope responsible use of bike lanes by e-bikers will not be stopped by cops.

Copy of: Board Minutes July 21
Saturday, October 29, 2011 6:48 PM
From: "Toronto Police Services Board" <board@tpsb.ca>
To: lock@yahoo.com

This is a copy of the following message you sent to Toronto Police Services Board via Toronto Police Services Board

This is an enquiry e-mail via http://www.tpsb.ca...... from:
Lock <lock@yahoo.com>

From the July 21, 2011 Board minutes:
"Recommendations were made to update and adjust fines for cars parked in bike lanes, power assist bicycles and electric scooter use in City bike lanes and were implemented on April 18, 2011."

I am looking for a copy of these recommendations please. Can you point to a link or send them to me as an email attachment?

Regards

Lock
Toronto

Re: Toronto Police Services Board: Board Minutes July 21
Friday, November 4, 2011 1:54 PM
From: "board@tpsb.ca" <board@tpsb.ca>
To: "Lock" <lock@yahoo.com>

Dear Lock:

Thank you for your email.

The minutes referenced (P182/11) contain a report prepared by the Chief of Police. Your inquiry has been forwarded to the Office of the Chief of Police for their response.

Yours truly,

Alok Mukherjee
Chair
Toronto Police Services Board

Re: Toronto Police Services Board: Board Minutes July 21
Saturday, November 26, 2011 12:27 AM
From: "Lock" <lock@yahoo.com>
To: board@tpsb.ca

Dear Mr. Mukherjee

Thank you for your reply of November 4th (attached.) It has now been three weeks with no response from the Office of the Chief of Police.

Could you help expedite this please? I had hoped it would be a simple request!

Best Regards

Lock
Toronto