Our ref: (16) 22 November 2014 The Attorney General Chambers Global House Church Street Hamilton HM 12 Attention: Mr Gregory Howard Dear Sir Re: The Corporation of Hamilton The Attorney General and The Centre for Justice (lntervener) Civil Jurisdiction 2014 No 217 We write as a matter of some urgency following the recent decision in the above captioned matter and in relation to matters that have arisen due to this decision. As you may be aware, it has transpired that as a result of the Municipalities Amendment Act 2013 not only is the 2007 Ordinance void but so are the following which do not comply with the requirements of the Municipalities Amendment Act 2013. Finance Hamilton (Rating) Ordinance 1972 Hamilton (Rating) Ordinance 1972 Amendment Ordinance 1974 Hamilton (Rating) Ordinance 1972 Amendment Ordinance 1978 Hamilton (Rating) Ordinance 1972 Amendment Ordinance 1979 Hamilton (Rating) Ordinance 1972 Amendment Ordinance 1980 Hamilton (Rating) Ordinance 1972 Amendment Ordinance 1996 Hamilton (Rating) Ordinance 1972 Amendment Ordinance 1998 Hamilton (Rating) Ordinance 1972 Amendment Ordinance 2002 Hamilton (Rating) Ordinance 1972 Amendment Ordinance 2003 Hamiiton (Rating) Ordinance 1972 Amendment Ordinance 2010 Br 87 2010 22 November 2014 The Attorney General's Chambers - Attention: Mr Gregory Howard Page 2 Traf?c and Parking The Hamilton (Sidewalks) Ordinance 1950 The Hamilton Traffic Ordinance 1952 The Hamilton Traf?c Ordinance 1965 The Hamilton Traf?c Ordinance 1967 The Hamilton Traf?c Ordinance 1965 Amendments Consolidation Order 1977 The Hamilton Traf?c Ordinance 1976 Hamilton Fee-Parking Ordinance 1981 The Hamilton Traf?c Ordinance, 1965 Amendment Ordinance 1982 Hamilton Traf?c And Sidewalks Ordinance, 1988 Hamilton Traf?c And Sidewalks Ordinance, 1988, Amendment 1997 Br37 Hamilton Traf?c And Sidewalks Ordinance, 1988, Amendment 2000 Br80 Hamilton Traf?c And Sidewalks Ordinance, 1988, Amendment 2002 Br63 Municipalities (Hamilton Pay 7 Display Parking Vehicle Wheel Clamping) Ordinance 2007 Hamilton Pay And Display Voucher Parking Amendment Ordinance 2010 Hamilton Traf?c And Parking Ordinance 2013 Docks and Wharf Hamilton Goods Wharfage And Storage Charges Ordinance 1967 Hamilton Goods Wharfage And Storage Charges Amendment Ordinance_1999 Br29l99 Hamilton Port Dues Ordinance 1976 Hamilton Port Dues Amendment Ordinance 1999 Br27/99 Hamilton Wharves And Sheds Ordinance 1961 Hamilton Wharves And Sheds Ordinance 1961 Amendment Ordinance 1982 Garbage Hamilton (Garbage Collection) Ordinance 1969 Parks, Land And Buildings The Hamilton (Point Pleasant Park) Ordinance, 1948 The Hamilton (Victoria Park) Ordinance, 1948 22 November 2014 The Attorney General's Chambers Attention: Mr Gregory Howard Page 3 The Hamilton (Victoria Park) Ordinance Amendment 1980 The Hamilton (Victoria Park) Ordinance Amendment 1982 The Hamilton (Corporation Lands) Ordinance, 1947 The Hamilton (Corporation Lands) Ordinance Amendment Ordinance 1982 Hamilton Building Ordinance 1954 Hamilton (City Hall) Ordinance, 1972 The foliowing Ordinances_were sent to be numbered and have "stalled" in Chambers but were published by the Corporation prior to the Municipalities Amendment Act 2013 and so are, it would appear, void. Traf?c and Parking Hamilton Pay And Display Voucher Parking Amendment Ordinance 2010 Hamilton Traf?c And Parking Ordinance 2013 Horse And Carriage Hamilton (Regulation Of Carriages) Ordinance 2013 We have just been provided with a copy of the Attorney General?s letter of 20?h November, 2014 (which we have not had the chance to study in detail). However, with great respect, even on a super?cial review, it does not appear to us that there is anything in the letter which we consider to be of any comfort to our ciient. Further there remains the dif?culty of possible claims for clamping over the previous seven years which was conducted with the full knowiedge of various Governments. in any event we would request as a matter of urgency that consideration be given to validation legislation for the ?unintended? effects of the 2013 amendment act, (ii) to approve the 2007 ?ordinance? and to validate payments made in relation to clamping of vehicles in the past. We do not think it is necessary for us to agree in relation to the arguments made as to validity by Parliamentary Counsel in the Schedule to the Attorney General?s letter, nor the arguments of the Attorney General himself. A validation provision can be drafted which validates only in so far as the 2013 Amendment Act has in any way affected the validity of the Ordinances in question. Thus, it will not matter whose argument is correct, all that will cured is that which needs to be cured, and any uncertainty will be entirely alleviated. The need for urgency in the above is all the more apparent when one considers that the Christmas season is approaching and currently there is no effective way for our client to regulate short term parking in its parking lots. Ticketing by traf?c wardens on private property is not effective in practical terms for a number of reasons, not the least of which being that the revenue generated from such ticketing does not assist our client. Thus our client is having to consider, at ieast in the short term, alternative methods of regulating parking in its lots. The most likely one is to simply reduce all parking to a single fee and the parking can be for an unlimited period (ie ail day). We readily acknowledge that this system will impact those wishing to park for short term periods (ie Christmas shoppers) but given that there is no effective 22 NoVember 2014 The Attorney General?s Chambers Attention: Mr Gregory Howard Page 4 alternative open to our client this is the only sensible and practical solution. Doubtless such a move will not be popular with the Chamber of Commerce given the time of year but as you are well aware our client is losing thousands of dollars a day in unpaid parking and this has now increased following the Court's decision and the public?s realization that there is no means to enforce those who fail to pay the required sum to park on our client?s preperty. it is one that our client does not wish to implement but given the Court?s decision and the position of the Government to date in not approving the 2007 Ordinance, our client is left with no option. Further still to the above, as the issue of clamping has caused parties to look more closely at the issue of the regulation of parking in our client?s parking lots or on the streets of Hamilton (which are owned and maintained by our client), we would wish to raise the issue of ticketing for ?on street? parking. Although we are aware of legislation which applies the ticketing procedure to certain offences under certain Ordinances, and there is therefore some arguable basis for this, we have grave doubts as to whether the proceeds of such ticketing on private property (whether on or off road) can (in particular in light of the Bermuda Constitution) be for the benefit of the Government, rather than for the benefit of our client. We would welcome your comments in relation to this. We would suggest an urgent meeting with your Chambers and (for the sake of speed) the Minister as well, perhaps early the week of 25th November, 2014? Yours faithfully MARSHALL MYERS LIMITED Mark A Diel Director copy: client