Winter 'favouratism' in the parking Enforcement Arena;
From the first major snow in the winter, till spring melts away the last vestiges of frozen water, many bike lanes in the City of Toronto are 'unavailable' to cyclists.
Taking College Street from Spadina west to Clinton as the most blatent example, automobile parking takes over the snow clogged bike lanes and completely blocks them to bicycles. This arrogant disregard for the posted signage, and designated allowances on the roadways for the safe passage of cyclists, forces the winter riders out into traffic, already rendered more dangerous by the difficult road conditions that often occur. Even when the roads have been cleared, and the streets have died up, because the cars completely block the bikeLanes, it remains difficult to clear away the snow and render the lanes even 'visible'!
I was told last year (unverified visually), by a parking officer, that there was a sign posted in the duty room of 14 Division telling parking enforcement to 'forgive' parking in the bike lanes because of the excess of snow on the roads.
Hence cyclists are forced into jeapardy on dangerous roads where years of tedious effort have been expended to get the message accross to the City that bikeLanes are needed, and will encourage more cycling in the City, thus reducing polution, reducing the strain on the health system (potentially except 'emergency', it seems), and reducing congestion on the roads.
The obvious and simple solution is a concentrated ticketing blitz at the start of every snow season making it clear that blocking bikeLanes is UNACCEPTABLE, and that message would be out loud and clear. With vehicles unable to park on the bikeLanes the parking areas could be plowed, parking would be restored, and winter cyclists would have their own space back for the most dangerous road use season of the year.
All just by applying the laws that already 
winterCycle Parkingexist (and should always 'be' applied)!
The first step is to call Parking Enforcement at (416) 808-6600 to complain about the cars parked in the bike lane. Do this each and every day when you go by cars parked in the bike lane. That is what I have been doing about Dundas Street.
If that does't work, the next step is to write a formal letter of complaint to the Parking Enforcement Unit Commander, Superintendant Wes Ryan. His address is:
Parking Enforcement
1500 Don Mills Road, 6th Floor, Toronto, ON , M3B 3K4
I've posted here my complaint to Kimberly Janes about the police failure to uphold and enforce the law on the Dundas bike lanes.
I believe that all of us are called to do bicycle advocacy in some way. Ensuring that the law is enforced is just as important as advocating for bike lanes in the first place.
Further to my last, if Superintendant Wes Ryan fails to give satisfaction, the next step is to complain to his boss, Operational Services Unit Commander, Staff Superintendent Peter Sloly. His address is:
Operational Services Unit
40 College St., Toronto, Ont , M5G 2J3
If that is unsuccessful, the next step is to complain to his boss, Specialized Operations Command Unit Commander, Deputy Chief Anthony Warr. His address is:
Specialized Operations Command
40 College Street, Toronto, Ont , M5G 2J3
If that is unsuccessful, the next step is to complain to Toronto's Chief of Police, William Blair. His address is:
Chief of Police
40 College Street, Toronto, Ont , M5G 2J3
If that is unsuccessful, the next step is to complain to the Toronto Police Services Board. The complaint should be addressed to:
Alok Mukherjee
Chair, Toronto Police Services Board
40 College Street, Toronto, Ont , M5G 2J3
If that is unsuccessful, the next step is to complain to the Ontario Civilian Commission on Police Services. The complaint should be addressed to:
Complaints Bureau
Ontario Civilian Commission on Police Services
25 Grosvenor Street
Toronto, Ont
M7A 1Y6
Yes, going all the way through the process is a lot of letter writing. I never said that bicycle advocacy is easy. However, I strongly recommend that you do so. And that everyone else who reads this also do so. I, personally, am committed to following this process. The next step for me is to complain to Kimberly Janes' boss, Superintendant Wes Ryan. I'll post here my letter and the response that I receive.
In my opinion, writing these formal letters of complaint is the most effective thing that any individual person can do. This is how change happens.
Here are the sources for my information:
http://www.torontopolice.on.ca/orgchart.pdf
http://www.torontopolice.on.ca/parking/
http://www.torontopolice.on.ca/operationalservices/
http://www.torontopolice.on.ca/specializedoperationscommand/
http://www.torontopolice.on.ca/command.php
http://www.tpsb.ca/V/General/FAQ/Can_I_complain_to_the_Boa...
http://www.occps.ca/englishwebsite/process/forms/complaint...
I followed your proposed path a few years ago, even taking it a step further by trying to lay a charge. They came up with all sorts of excuses to evade doing anything. The only way I can imagine this working is that if they got flooded with complaints. Probably in the order of 250 complaints or more that follow your path. It would have to be significant enough to change the metrics they have on who and why people file complaints. They would have to look at their numbers and see a blip in the number of complaints. Cyclists probably barely read 1% when compared to homeowners, drivers and business complaints.
Hi Guys,
Sorry to counter your comments, but with all due respect, in my opinion, you're not advocating for bike lanes, you're complaining and making a nuisance. Which, albeit, is one way to garner attention on an issue. But it dosn't feel right.
It feels to me that we, fellow cycling advocates, are not going to gain positive support in the public arena by taking individuals to task, and writing complaint letters all the way up the chain of command. Complaints, threats, and pestering are not the way to get on the good side of law enforcement.
It seems to me this is an education thing. Think about the behaviour that prompts ppl to put their automobiles where they do. What is it that keeps ppl from driving on the sidewalk? Fear of getting caught. What keeps ppl from parking in an active lane of automobile traffic? Fear of getting their vehicle damaged or themselves injured. Fear of being chastised by other drivers for blocking their way. Fear of being towed. So perhaps think about those fears, or, let's call them "stimuli", and think about a way that the same stimuli can be applied to educate about bike lanes.
Now, I'm not trying to suggest or recommend public mischief; but If leaflets or stickers were placed on windshields or mirrors of offending automobiles, such that the driver would have to make an effort to remove it, perhaps more drivers would associate these "civil tickets" with their connection to parking in bike lanes, perhaps thus learning a lesson, perhaps preventing or even inhibiting that behaviour. This would also send a direct message to the root cause of the problem, not to the authorities or enforcers who debatably don't care or don't act.
Next step after making the "civil tickets" and deploying them would be to call a few media outlets and ask them to do a story on how Toronto Cyclists are Sick and Tired of Motorists Illegally Blocking Bike Lanes, and how "Civil Tickets" are being introduced. Have a few reporters meet you in one of the problem areas, and belive me, the controversy, attention, and response you'll get will be way more than writing letters to officials.
My feeling is the vast majority of motorists who park in bike lanes just don't acknowledge bicycles as part of the year-round transportation hierachy. We need to teach people that bicycles belong on roads, and are not just toys or recreational vehicles driven by special interest groups, or worse, complaining malcontents.
sincerely
Brian
...to Kim James on January 20 went unanswered and I have since sent a follow-up today regarding Davenport Rd.
Adrian Heaps advised that Davenport Rd. will not be cleared this year. Hopefully next year. Of course, that implies that motorist residents are given carte blanche for parking in the bike lane and that cyclist commuters are not supposed to get to work, to the grocery store or where-ever else they'd like to go and it also implies that the law is being ignored, neglected and otherwise suspended in favour of lazy motorists.
Thanks for the other contact info. I suspect I may have to contact them since Ms. James seems disinterested in responding.
If 'advocating' and 'complaining' fall on deaf ears and laws are being circumvented, suspended, ignored or neglected, perhaps we should sue. I'm sure there are lawyers that would take on the case even if only for the publicity.
We are home-owners, tax-payers and vital, contributing members of the community. Why should our safety be purposefully and unavoidably put at risk? Why should I not have the same access to publicly-funded road lanes as my motorist neighbours when we both pay the same municipal taxes? It could be argued that it's open and blatant discrimination.
Maybe I'll take the case on myself. I can see city hall and TPS: Parking enforcement being named and maybe even specific residents who chronicly endanger other legitimate, legal users of the road.
In the summertime cyclists only make up a very small percentage of commuters in this city (what is it, 5%?). In the winter time, bicycle commuting makes up a miniscule fraction of commuter traffic. The city is simply not going to cater to such a small fraction of the population and nor should it. Just ride on the cleared portion of the road and don't worry about the bike lane being inaccessible until the snow is cleared. If it's so slippery that it is hazardous to be further out in traffic where the road has been cleared then you should reconsider being out biking under those conditions.
Yesterday was a beautiful day and I commuted 30km each way to work. I saw 2 or 3 other cyclists on the way to work and I don't think that I saw any on the way home. Anyone that is fighting for bike lanes to be cleared that will be used by only a couple of cyclists or for bike parking in front of your house is going to be labelled as a fringe movement and ignored. Energy and resources need to be spent on trying to increase bicycle use as a commuting mode when a wider segment of the population is apt to consider using it......spring/summer/fall. If we could get bicycle use up to say 40% in the summer then perhaps there would be enough people that would continue using their bikes through the winter for it to be worthwhile to keep bike lanes open in the winter but for now it is a wasted effort.
Brian, are you suggesting that those who are in charge of holding motorists accountable should not themselves be held accountable for their inaction?
How much more "education" do motorists need? They take driver's ed, must get tested for a license and there are all sorts of signs telling them where they can and cannot park. At what point do we grow a spine and hold them accountable for their misdeeds?
While I think your numbers are way off-base regarding the percentage of summer cyclists whom I'd estimate to be considerably more than 5%, although accurate and reliable data is unavailable (StatsCan / census information is biased, inaccurate and misleading), we will never achieve 40% if bicycle infrastructure is suspended, neglected and disregarded for 4 months of the year and just plain ignored for the other 8 months. If I was a novice cyclist or a new resident considering bicycle-commuting or a car-free lifestyle, I'd forget all about it when I noticed the pitiful few bike lanes we have being disrespected by the city, the police, the community at large and even by cyclists themselves.
It takes the efforts of the fringe element, their complaints and demands for better attention and service, to bring the fringe to the mainstream. And, I don't think it's unreasonable to insist that infrastructure that I paid for as a tax-paying home-owner be maintained and that the laws regarding them be enforced. After all, I pay my taxes in full, just like my neighbours and if they get to have their 'car' lanes plowed, I should get my pitiful few lanes cleared too. If only a few bike lanes are to be cleared and others hopefully added next year as Heaps suggests, then it should be the same for 'car' lanes. Sorry folks, not all the 'car' lanes get cleared this year. How would that go over?
Why should I accept being treated secondarily? We wouldn't stand for discrimination like this in any other form, yet we will accept the blatant disregard of a few thousand people because they're not part of the majority? That's like sanctioning prejudice against Lithuanians or Maldovians, for example. They're not part of the larger mosaic, so they get no services or consideration, but must still pay for the right to be have-nots. I don't go to Sobeys and pay for a full loaf of bread, but take home only half, not when my neighbours get a full loaf. Fringe or not, fair is fair. If the city and its agencies---parking enforcement---are not going to service and respect the bike lanes, don't bother wasting a dime putting any in. But if they are going to put them in, take responsibility for them and maintain them...all of them...year round.
I used to work for a company that used these stickers for enforcement on their parking lot. Anyone can buy them at:
http://www.myparkingpermit.com/MPP/parking_violation_stick...
On the one hand, I would vastly prefer that the Toronto police promptly ticket and tow away any car parked in the bike lane. On the other hand, if I every day put one of these stickers on the window of each car illegally parked on the Dundas bike lane, then I bet the illegal behaviour will be deterred.
The best sticker would probably be the orange custom one, bottom left on the website. The custom message should be:
Bike Lane
No Parking
at any time
So I'll make an offer. The price falls quite quickly as the order size increases. I'm prepared to put up $100 for an experiment. If two other people will do the same, we can order 500 stickers. We'll put them on illegally parked cars and see what happens.
"...We'll put them on illegally parked cars and see what happens."
When you are caught you will face a charge that carries a consequnece more severe than if you were to door someone and kill them. Sad but true.
Why not do private prosecution on each car? Free and little risk to you.
http://respect.to/wiki/pmwiki.php?n=LegalInfo.HowToPursueA...
I can't believe that Parking Enforcement is missing an opportunity to ticket cars. They seem to find mine everytime the time expires, usually within 2 minutes.
Are there any NO PARKING signs posted in this location? If there aren't there should be, people would get the message that way; especially when snow covers the road/bikelane.
Has this issue been raised at TCAC meetings?
If this happened in France they'd just burn the cars, oh what to do, what to do.......
To suggest that cyclists should just make do with the conditions they have is narrow minded.
One only need look to the cycling programs of cities in Northern Europe to see the benefits of improved cycling infrastructure.
The perceptions of cycling in North America can change, but inaction will achieve nothing.
Ambition, initiative and tenacity are certainly better options.
Huh?
This is a perfectly legal activity that is carried out by many people. These stickers are sold to private parking lot operators and used widely throughout North America. One of whom I used to work for. Just don't damage the car in any way and we are exercising our constitutional right to freedom of expression.
In the downtown ridings of Toronto Centre and Trinity-Spadina, over a third of people commute by walking and cycling.
Source:
http://www3.thestar.com/static/googlemaps/starmaps.html?xm...
You would be charged with criminal mischief. s.430 Cyclists have faced this charge for things like spitting on windshields and readjusting mirrors. The sticker company makes the following clear, "...Strong adhesive makes sure that violators do not easily forget the warning. Special adhesive requires that you must scrape off the sticker..."
Freedom of expression? You probably want to get good legal advice before you start stickering peoples' cars. Here is a good layman's test. If you would not be willing to do it to another person it probably get you in trouble doing it to a thing. ie: Would you sticker someone's forehead? Yet you would flyer either no problem. Another is hitting someone, same as denting someone's car.
It is unlawful to obstruct the view of a motorist, so the decals cannot be affixed to any window. It is also unlawful to willfully attach anything that may damage the paint of a car. The only option is a ticket-like notice under the windshield wiper.
Kevin,
That is interesting data and to me it demonstrates the value of setting up urban environments so that people can easily get around by cycling and walking as is clearly the case in Toronto Centre and Trinity-Spadina. It's not possible from this data to conclude anything regarding what percentage of people working downtown might commute by bicycle and walking because you have no way of knowing where people working downtown are commuting from. Many could be coming from the areas with lower frequency of active transportation (<5% pedestrian/cyclist rates). Given the population of the GTA compared to the population of Toronto Centre and Trinity-Spadina, the impact of the positive lifestyle of the people in those two ridings is very likely nearly negated by that of the rest of the city leaving us with true active transportation mode share percentages that are much, much lower than 30% and more likely closer to the GTA median of <5% even for those working in the core.
Where I work in Mississauga on a warm sunny day there may be as many as 4-5 bicycles locked up outside this building where 1000+ people work even though many people live nearby in Mississauga. A handful of people commute by bus but the number of people commuting by car must be >90%. Although it's encouraging to see positive active commuting numbers from downtown residents, we have a long way to go to get the masses out of their cars to really start improving this city.
Will having motorists ticketed for parking in bike lanes that are covered with snow and unuseable further this cause? I'm not sure although I do concede that there is some validity to the chicken and egg argument. At the end of the day, the more bicycle commuter that we have, the easier it will be to justify better facilities.
Derek.
It fails to meet the definition of mischief. Which is, from:
http://www.hotfrog.ca/Companies/Daniel-Brown-Toronto-Crimi...
What is mischief?
The definition of mischief is found in the Criminal Code at section 430. Generally mischief occurs when a person does any of the following:
(a) destroys or alters property;
(b) renders property dangerous, useless, inoperative or ineffective;
(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.
In this particular case, I am not damaging or destroying anything. Nor am I interfering with the lawful use of property. I am interfering with the illegal use of property, which is OK. And so are the thousands of other people who use these products to control illegal parking. I have never heard of any of these thousands of users being convicted of mischief, or anything else.
So here is my challenge to you: this product is openly sold, with thousands of users. Show me where any of them have ever got into any legal trouble.
...Kevin, if the vehicle is illegally occupying a space---while it's obvious to us, they are innocent until proven guilty in a court of law.
I worked for a security company many years ago and we were specifically told we cannot affix 'no parking' stickers to their cars. We had them, but were advised it was illegal to use them, although I forget under which section of law the prohibition was written. Technically, they deface private property even if they peel off easily: they may obstruct the view of the driver, leave risidual glue on windshield, windows and body panels and strip paint from panels. If others are using them, they can be held liable for damage, at least here in Ontario anyway.
Believe me, I like the idea, but if someone were to affix a sticker on my bike because---in their determination---I was in violation of some 'no bike parking' regulation and it caused a stain, mark, scratch (when removing) or any other damage, I'd be seeking compensation from the party who applied it.
Unfortunately, that's the way it is.
Until gas jumps to $2.00 a litre, we need to do everything possible to make cycling a viable alternative for transportation.
While I agree that more cyclists will lead to better cycling infrastructure, we need to eliminate barriers that would discourage new cyclists by improving existing conditions.
So I don't rest on my own moderate thoughts when it comes to things like clearing bike lanes in the winter, instead I awaken the activist inside me.
Instead of an us vs. them approach - cyclists vs. drivers trying to park, why not come up with a solution that makes everyone happy?
How about designating hours for each stretch in the winter where parking is not allowed, and using these hours to plow snow? That way the parking spots and the bike lanes get cleared.
Honestly without the snow cleared to the edges of the roadway cars parking even in their legitimate spots continue to push snow all over the road. But cars are good - in lighter snowfall car traffic eliminates the snow from the road, where the same snow would accumulate in bike lanes.
Darren,
Respectfully, I prefer avoiding confrontation and conflict. You are a constant detractor on this forum; but I will congratulate and credit you for it, because good debate requires opposing views. Melanie Doane wrote a great song "Without the Ugly There Is No Beautiful".
I prefer not to challenge inaction. I prefer positive communication, collaborative effort, and innovative ideas, in a spirit of goodwill and cooperation.
Motorists, candidate motorists, even cyclists; infact all road users, need as much education as they can get, on a continual basis. To make it relevant to this conversation, there is very little in the Ontario Drivers Handbook http://www.mto.gov.on.ca/english/dandv/driver/handbook/ind... to cover cycling, bike lanes, or parking in bike lanes. Bicycles do not even rank on the licensing hierarchy.
Driving instructors are not mandated to teach bicycle respect and ethics when instructing candidates on how to operate automobiles. How can we demand enforcement when education isn't happening at the most essential levels?
Our driver licensing standards in Ontario are inadequate, and do not prevent the kinds of behaviours that are causing the problems you identify. But I am working quietly, cooperatively, behind the scenes with others who are likeminded, to change that, for the good of the community.
I am not interested in the kind of exercises you suggest. But feel free to engage yourself; help is needed in many forms, on many different levels.
brian
Hi all,
Thanks for the good comments and spirited debate over this.
"Civil tickets" are ok according to a police officer friend of mine, and he thinks it's a great idea. Stickers are also ok, given that they are placed not to obstruct the view of the driver. City of Toronto Transportation Services Bicycle Safety did a program a few years ago with a "Watch for Bikes" sticker that went on rear-view mirrors.
I wouldn't go with stickers, I would suggest paper flyers. Like parking tickets. Perhaps I'm talking too much, and not doing enough. I'd be glad to help lay out the text for a paper civil ticket design, and help get them photocopied on to yellow paper. Frankly, money's tight for me just now, there havn't been many gigs in January for this roadie, but I always try to help get a good idea rolling!
cheers,
brian
Transportation Services didn't slap them on car mirrors (and they went on the side mirrors not rear view). The taxis had to put them by law. Everyone else was free to pick them up and put them on themselves.
So I wouldn't take this as carte blanche or anything, best stick to flyers. Or keep asking the Mayor to plow the major routes and ban parking during certain hours to allow them to plow to the curb.
Kevin, you will need a lawyer to explain how the courts have interpreted s.430, it is not so cut and dry. I have personally dealt with cyclists who have been charged with mischief for merely touching a car. Was it overcharging? Most definitley. Most were not convicted but it cost them out of pocket regardless.
"Nor am I interfering with the lawful use of property. I am interfering with the illegal use of property, which is OK." This is an "eye for an eye", poorly looked on by the courts.
Find someone that can properly explain to you what consequences you will face for your actions and then decided whether it is worth it or not. You may well decide taking a charge is worth it to your cause. Many people have achieved good things by taking charges.
Two cases that involved stickers,
Vancouver (City of) v. Vancouver Municipal and Regional Employees' Union, 1994
R. v. Kealey, 1996
for the bitch slapping. Really helped put me in my place. I guess "opposing views" are permitted as long as one understands that they are ugly. When and where do I bow to you?
I forget how the saying goes, something about how weak an idea is by how personal the retort is when challenged.
Park in a bike lane. Get a ticket. Pretty banal. We are not talking about putting people in jail. Rather educating them with a $40. fine for ignoring their responsibility. If those in charge of the parking enforcement cannot get their act together, turf them. Another good lesson in responsibility. Why do we need to coddle anyone with the basics?
Ontario used to have 'feel good' traffic courts. Offenders would go to court and talk about why they did not obey the HTA. They were also educated on the error of their ways. Then their fines would be forgiven. So ineffectual that offense rates went up.
Brian wrote:
"Complaints, threats, and pestering are not the way to get on the good side of law enforcement."
Kevin's comment:
As long as they uphold and enforce the law by promptly ticketing and towing away any car that parks in the bike lane, I don't really care about being "on the good side" of some gang of bigoted cops. They can believe that all cyclists are subhuman scum and hate me all day long - as long as they uphold and enforce the law by promptly ticketing and towing away any car that parks in the bike lane.
That's how change happens. George Wallace thought that Martin Luther King, jr was a @#!*!!, but federal troops forced him to uphold the racial equality laws. And MLK started by writing letters asking for justice. So did Nelson Mandela. I can't think of any advance in human rights that started with the oppressors saying "this is wrong. Maybe we should change." All great strides forward started with pestering and complaints. In Luke's biography of him, Jesus tells a story about that:
Then Jesus told them a parable about their need to pray always and not to lose heart. He said, "In a certain city there was a judge who neither feared God nor had respect for people. In that city there was a widow who kept coming to him and saying, "Grant me justice against my opponent.' For a while he refused; but later he said to himself, "Though I have no fear of God and no respect for anyone, yet because this widow keeps bothering me, I will grant her justice, so that she may not wear me out by continually coming.' (Luke 18:1-5)
So my advocacy task for today is to escalate my complaint to the next level in the Toronto police. I'll post a copy of my letter here.
Darren
Before this becomes a flame war, please, let's stop. I had no intention of putting you in your place.
I wish our community wasn't so fragmented, fractured, and fractitious. We hurt each other instead of solving problems with all the energy and enthusiasm we have. I wish I could help, but there are some in this community who just don't want to be helped. I guess I just have to walk away.
Like i said, i prefer avoiding conflict, so I'm gonna get on my bike and ride away from this one. Have a great day.
Cheers,
brian
Brian we agree that the community is "...fragmented, fractured, and fractitious..." I do not think a discussion, no matter how heated it gets - provided it does not get personal, is "conflict". Rather it is a test of how well an idea will stand up when asking others to embrace it and/or working some kinks out of an idea.
The community has become so "...fragmented, fractured, and fractitious..." because it bruises so easily. Open and frank discussions just do not happen in cycling advocacy, not in Toronto anyways. We have become poorer for it. I have sat in way too many cycling meetings listening to people beat around a bush for hours to get a simple idea out. All in an effort not to offend anyone or get their own feelings hurt. A little detachment is in order.
I look at your idea to this issue and think that I could buy into it in the long term. It is something that would take many years to achieve. I prefer to deal with the immediate and what resources are currently available.