Item - 2011.GM7.9

Tracking Status

GM7.9 - Implementation of a Fixed Fine System for Parking Tickets

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on September 21 and 22, 2011, adopted the following:

 

1.         City Council approve the implementation of a Fixed Fine System for all parking ticket offences, other than accessible parking offences, where a parking ticket proceeding results in a conviction after a defendant in court either pleads guilty or is found guilty.

 

2.         Council approve that the Fixed Fine Amounts be set equal to the presently-established Set Fines (the dollar amount that appears on the face of the ticket), with the Fixed Fine Amounts to apply where a parking ticket proceeding results in a conviction after a defendant in court either pleads guilty or is found guilty.

 

3.         City Council request the City Solicitor prepare and present to Council the necessary amending by-laws.

 

4.         City Council request the City Solicitor make the necessary application to the Regional Senior Judge for new set fine orders.

 

5.         City Council receive the report (August 30, 2011) from the Treasurer and the City Solicitor.

 

6.         City Council request the appropriate staff to report to the Government Management Committee on the feasibility of paying for parking by cell phone.

Background Information (Committee)

(June 13, 2011) Staff Report - Implementation of a Fixed Fine System for Parking Tickets
https://www.toronto.ca/legdocs/mmis/2011/gm/bgrd/backgroundfile-40569.pdf

Communications (City Council)

(September 18, 2011) E-mail from Josef Kates (CC.Supp.GM7.9.8)

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Karen Stintz (Carried)

The appropriate staff be requested to report to the Government Management Committee on the feasibility of  paying for parking by cell phone.

Vote (Amend Item (Additional)) Sep-21-2011 3:23 PM

Result: Carried Majority Required - GM7.9 - Stintz - motion 1
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Jaye Robinson, Karen Stintz, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Anthony Perruzza
Total members that were Absent: 9 Members that were absent are Michelle Berardinetti, Janet Davis, Glenn De Baeremaeker, John Filion, Mark Grimes, Chin Lee, David Shiner, Michael Thompson, Adam Vaughan

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Sep-21-2011 3:28 PM

Result: Carried Majority Required - GM7.9 - Adopt the item as amended
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Jaye Robinson, Karen Stintz, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 9 Members that were absent are Michelle Berardinetti, Janet Davis, Glenn De Baeremaeker, John Filion, Norman Kelly, Anthony Perruzza, David Shiner, Michael Thompson, Adam Vaughan

9a - Further Report on the Implementation of a Fixed Fine System for Parking Tickets

Background Information (Committee)
(August 30, 2011) Staff Report - Further Report on the Implementation of a Fixed Fine System for Parking Tickets
https://www.toronto.ca/legdocs/mmis/2011/gm/bgrd/backgroundfile-40464.pdf
Communications (Committee)
(June 27, 2011) E-mail from David Mitchelson (GM.Main.GM7.9.1)
(June 28, 2011) E-mail from Presentation from Josef Kates (GM.Main.GM7.9.2)
(June 29, 2011) E-mail from James Whyte (GM.Main.GM7.9.3)
(September 9, 2011) E-mail from Nick Iozzo (GM.Supp.GM7.9.4)
(September 9, 2011) E-mail from Ken Wood (GM.Supp.GM7.9.5)
(September 11, 2011) E-mail from Josef Kates (GM.Supp.GM7.9.6)
(September 7, 2011) E-mail from Carole St. Laurent (GM.Supp.GM7.9.7)

GM7.9 - Implementation of a Fixed Fine System for Parking Tickets

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Government Management Committee recommends that:

 

1.         City Council approve the implementation of a Fixed Fine System for all parking ticket offences, other than accessible parking offences, where a parking ticket proceeding results in a conviction after a defendant in court either pleads guilty or is found guilty.

 

2.         Council approve that the Fixed Fine Amounts be set equal to the presently-established Set Fines (the dollar amount that appears on the face of the ticket), with the Fixed Fine Amounts to apply where a parking ticket proceeding results in a conviction after a defendant in court either pleads guilty or is found guilty.

 

3.         City Council request the City Solicitor prepare and present to Council the necessary amending by-laws.

 

4.         City Council request the City Solicitor make the necessary application to the Regional Senior Judge for new set fine orders.

 

5.         City Council receive the report (August 30, 2011) from the Treasurer and the City Solicitor

Origin

(June 13, 2011) Report from the Treasurer and the City Solicitor

Summary

This report recommends the introduction of a Fixed Fine system for parking offences (excluding accessible/disabled parking offences).  A fixed fine system will help to optimize the use of the City's courts by reducing the number of trials that must be scheduled for parking ticket recipients who request a trial but who do not intend to dispute the charge and hope simply to obtain a reduced fine amount, or who request a trial in hope that the issuing officer will not attend court and the charges will be withdrawn.  Making more efficient use of the available court capacity for parking tickets will in turn reduce the time to trial for parking ticket recipients who wish to have a trial.

 

A fixed fine will apply where a parking ticket recipient requests a trial, and the trial results in a conviction, (i.e., the defendant either pleads guilty or is found guilty at trial).  Fixed fine amounts would be $12.75 higher than the existing set fine amount that appears on the face of the ticket.  The fixed fine amount parallels the existing structure set out in the Provincial Offences Act that allows $12.75 in court costs to be added to a parking ticket fine where a trial has been requested and the defendant fails to appear in court.  Where a parking ticket recipient requests a trial and is found not guilty, no fine is imposed.

 

This report also recommends reducing the set fine amount for accessible parking offences (previously referred to as disabled parking offences), from $450.00 to $300.00, which is the minimum fine which the City of Toronto Act, 2006 requires for that offence.

Background Information

(June 13, 2011) Staff Report - Implementation of a Fixed Fine System for Parking Tickets
https://www.toronto.ca/legdocs/mmis/2011/gm/bgrd/backgroundfile-40569.pdf

Motions

Motion to Amend Item moved by Councillor Paul Ainslie (Carried)

That:

 

1.         The report (June 13, 2011) from the Treasurer and the City Solciitor, be adopted subject to the following amendments:

 

a.         Amending Recommendation 2 to read as follows:

 

 "2.       Council approve that the Fixed Fine Amounts be set equal to the presently-established Set Fines (the dollar amount that appears on the face of the ticket), with the Fixed Fine Amounts to apply where a parking ticket proceeding results in a conviction after a defendant in court either pleads guilty or is found guilty.", and

 

b.         Amending Recommendation 4 to read:

 

"4.      The City Solicitor make the necessary application to the Regional Senior Judge for new set fine orders."

 

2.       Receiving the report (August 30, 2011) from the Treasurer and the City Solicitor.

9a - Further Report on the Implementation of a Fixed Fine System for Parking Tickets

Origin
(August 30, 2011) Report from the Treasurer and the City Solicitor
Summary

This report:

 

a.         responds to the Government Management Committee's request for a more detailed range of options for dealing with parking ticket recipients who request a trial and fail to appear in court; and

 

b.         provides further information and options and revised recommendations with respect to the implementation of a Fixed Fine system for parking offences to apply in cases where a scheduled parking ticket trial results in a conviction (i.e., where the defendant either pleads guilty or is found guilty), as originally set out in a staff report dated June 13, 2011 (Item GM5.6 “Implementation of a Fixed Fine System for Parking Tickets”).

Background Information
(August 30, 2011) Staff Report - Further Report on the Implementation of a Fixed Fine System for Parking Tickets
https://www.toronto.ca/legdocs/mmis/2011/gm/bgrd/backgroundfile-40464.pdf
Communications
(June 27, 2011) E-mail from David Mitchelson (GM.Main.GM7.9.1)
(June 28, 2011) E-mail from Presentation from Josef Kates (GM.Main.GM7.9.2)
(June 29, 2011) E-mail from James Whyte (GM.Main.GM7.9.3)
(September 9, 2011) E-mail from Nick Iozzo (GM.Supp.GM7.9.4)
(September 9, 2011) E-mail from Ken Wood (GM.Supp.GM7.9.5)
(September 11, 2011) E-mail from Josef Kates (GM.Supp.GM7.9.6)
(September 7, 2011) E-mail from Carole St. Laurent (GM.Supp.GM7.9.7)
Speakers
Josef Kates
Jeremy Hill
Source: Toronto City Clerk at www.toronto.ca/council