Transportation Committee

WHEREAS the report entitled New Right of Way Patio Program and Evaluation of Streetside Spots Pilot Program was distributed with the Transportation Committee agenda of 1 March 2017; and WHEREAS the report was released without comments from the City’s Legal Services and the Legal Implications section of the report indicated that the comments would be forthcoming; and WHEREAS the Legal Implications section is a mandatory component of every report; and WHEREAS the completed Legal Implications section, attached as Document 1 to this motion, should be inserted in the report before the report rises to Council; THEREFORE BE IT RESOLVED THAT Transportation Committee approve the revised pages 20-22* to the report, attached to this Motions as Document 1, the Legal Implications Section, and replace it in the report to Council on 8 March 2017.

THEREFORE BE IT RESOLVED that Committee recommend that Council approve: 1. That the definition of “pedestrian clearway” in Section 1 of Document 1 be struck out and that the following definition be substituted: “pedestrian clearway” means a clear and unencumbered area of the highway approved by the General Manager that is reserved for pedestrian traffic;

WHEREAS report ACS2017-PIE-RHU-0002 will permit audio speakers to be on right of way patios; and WHEREAS the use of audio speakers must respect the noise volumes of the Noise By-law and may be subject to other conditions on their hours of operations as set out in a patio permit; and WHEREAS to enforce the provisions of this new By-law, By-law and Regulatory Services requires additional resources; THEREFORE BE IT RESOLVED THAT up to $18,000 of the 2017 patio permit program revenue be made available to provide for seasonal enforcement staff resources for the 2017 summer patio season to augment enforcement of the Noise By-law and other applicable by-laws.