City of Winnipeg violates law with Know Your Zone snow clearing ban tickets and continues to due so even after being advised by their COO

Dec 15 2015:

http://wp.me/p1fJaD-co

As has been reported by Winnipeg media, the City of Winnipeg has now admitted that about 75% of the Know Your Zone tickets issued over the last 4 years were illegal under the Highway Traffic Act.  This was due to the city not erecting the legally required signage.  It can be argued that all the KYZ tickets issued where not signs present are in violation of the Highway Traffic Act and should be refunded.  The City tried to justify this by saying the Mayor can declare a state of emergency for snow clearing but tickets issued during scheduled snow clearing instead of the required courtesy tow around the block.

The WiseUpWinnipeg Group had to use another Freedom of Information Act request to get the answers to questions the city was purposely avoiding.  This is not the 1st time they have avoiding answering questions that would prove they are deceiving or defrauding the public in an attempt to generate revenue and FIA requests required to prove it.  WUW has documented several cases of this.
The following three CTV stories give a good picture of this issue as it developed.

** Wise Up Winnipeg is preparing a follow-up story regarding the city’s refusal to issue refunds to those illegally ticketed.

Winnipeg resident says city is violating law when issuing Know Your Zone tickets

Court won’t weigh in on Know Your Zone program after city chooses not to oppose ticket appeal

City quashing tickets illegally issued in overnight Know Your Zone program

Here is copies of the news reports for the record
———————————————————–

Winnipeg resident says city is violating law when issuing Know Your Zone tickets

CTV Winnipeg
Published Tuesday, November 3, 2015 6:39PM CST 
Last Updated Wednesday, November 4, 2015 1:37PM CST

Every winter, drivers in Winnipeg get ticketed and towed if they don’t move their cars, when a residential snow clearing operation is underway. Now a Winnipeg man says the program, called Know Your Zone, is illegal, and people ticketed should get their money back.

Todd Dube, of Wise Up Winnipeg, is fighting a Know Your Zone ticket in court. The annual program divides the city into zones. Homeowners are notified through the media, online, and 311 when their zone is set to be plowed. But Dube says the city is violating the law, by not putting up signs to warn people.

“The city issues thousands of tickets a night during these things and say you know, people just aren’t getting the message yet, well the message is the sign, that’s what people expect to be looking for.” said Dube.

PHOTOS

Ticket

Todd Dube says that Know Your Zone is illegal and people ticketed should get their money back.

Court won’t weigh in on Know Your Zone program after city chooses not to oppose ticket appeal

CTV Winnipeg
Published Wednesday, November 4, 2015 1:36PM CST 
Last Updated Wednesday, November 4, 2015 7:43PM CST

A court will not weigh in on whether the City of Winnipeg’s Know Your Zone snow clearing program is legal.

Todd Dube of Wise up Winnipeg was appealing a ticket he received for not moving his car during a residential snow clearing operation.

He argues the ticket is invalid because the city does not put signs up to warn homeowners.

PHOTOS

Snow clearing

Todd Dube of Wise up Winnipeg was appealing a ticket he received for not moving his car during a residential snow clearing operation. (File)

The case did not proceed because the City of Winnipeg decided not to oppose the appeal.

As a result, the judge quashed the ticket.

Dube claims the city abandoned the appeal because the case would have set a precedent.

A lawyer for the city would not say why the case was dropped.

City quashing tickets illegally issued in overnight Know Your Zone program

The city might not be allowed to ticket people who don’t move their cars during the Know Your Zone snow clearing season.
CTV Winnipeg
Published Friday, December 11, 2015 11:05AM CST 
Last Updated Friday, December 11, 2015 4:07PM CST

It appears the city didn’t know the rules before telling drivers to know their zones.

On Friday, the City of Winnipeg said it’s quashing outstanding tickets issued during its annual Know Your Zone program.

But the city isn’t playing Santa for all: drivers who’ve already pled guilty and paid fines won’t receive a refund.

PHOTOS

Parking ban tickets in Winnipeg

Almost 7,000 drivers received tickets during the Feb. 14, 2015 weekend in Winnipeg.

Winnipeg COO Michael Jack told CTV Friday the city illegally issued snow clearing tickets 24 hours a day.

Jack said without proper signage warning drivers, the law only allows ticketing between 11:00 p.m. and 6:00 a.m.

He said 32,000 tickets have been issued, with 25,000 of them outside of the overnight timespan.

The annual ticket and tow program takes place during residential snow clearing efforts, and Winnipeg residents were told to look online or call 311 to find out when parking bans would be in effect.

This year, the City of Winnipeg might not be issuing tickets at all for Know Your Zone, but they still have the ability to tow.

The decision comes in the wake of media attention scrutinizing the potentially-problematic program.

In early November, Wise Up Winnipeg’s Todd Dube challenged a snow clearing ticket in court, arguing the city needs to put up signs before it can ticket drivers.

It appears the city agrees with Dube.

Following a CTV News story about the case, Jack sent an email to the mayor’s office and others.

It says without changes to provincial law, the city might not be able to issue tickets, but can still tow vehicles to other streets.

“So, for those of you who didn’t catch the story, it basically captured the current dilemma,” Jack, a former city lawyer, wrote in the email.

“To be clear, this will not change our approach to a major snow event. The city will also remain completely able to tow vehicles, just potentially without the ability to issue tickets,” he wrote.

In the email, Jack indicates the city is waiting for changes to the provincial law, but he’s unsure they’ll happen.

Dube obtained the email through a Freedom of Information request.

About Kevin Yaworski

I use my blog to write about things I find interesting or that I think others should know about.
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