ATV bylaw chugs back in council’s hands
A few more changes could be in store for the city’s new ATV Bylaw before it comes into effect.
Photo by Whitehorse Star
Keith Lay and Dave Pruden
A few more changes could be in store for the city’s new ATV Bylaw before it comes into effect.
In bringing forward a public hearing report on the proposed amendments at Monday evening’s city council meeting, bylaw manager Dave Pruden suggested even more changes to the proposed bylaw.
Among them:
• ATV operators would be restricted entirely to motorized multi-use trails;
• operators would need to achieve at least an 80 per cent score on a test to get their Safe ATV card that will be required to ride in the city; and
• changes to the list of locations (such as campgrounds, downtown and the Millennium Trail, among others) where ATV operators could push their machines through if need be.
As Pruden noted, the proposed changes come out of what residents had to say at the July 9 public hearing session.
The move to keep ATVs on motorized multi-use trails, for example, was from a concern of the fires the machines can cause.
“Off-trail use often results in grasses or branches coming into contact with the all-terrain vehicle exhaust system,” Pruden stated in his report.
“Grass or branches igniting and falling to the ground as a result of heat from the exhaust system have been known to start fires.
“(By) limiting the use of all-terrain vehicles to developed motorized multiple use trails, there will be no contact with grasses or branches and therefore a significant reduction in the chance of fires starting.”
It was also pointed out at the hearing that the section on the ATV course should require an 80 per cent or higher grade.
“This will ensure persons taking the course are competent in the material taught,” Pruden said.
A number of speakers were opposed to permitting ATVs to be pushed through prohibited areas.
However, Pruden explained in the report the bylaw is permitting it to limit conflict between different users and damage to the environment.
“Allowing a person to push an ATV with the engine shut off eliminates the ability to speed, create noise and damage to the environment,” Pruden stated.
“Persons with machines too large to push will need to ensure they do not travel in areas they are prohibited to travel in.”
Boulevards, cemeteries, playgrounds and closed-off trails have been taken off the list of areas ATVs can be pushed. That leaves campgrounds, areas designated environmentally sensitive, downtown, the Millennium Trail, roadways (restricted and non-restricted), ski trails and non-motorized trails.
The changes proposed after the public hearing were not enough to satisfy at least one speaker, who argued for a more stringent bylaw at the public hearing.
Keith Lay made another presentation before council Monday night, arguing the bylaw is simply not ready to pass.
He continued to argue that ATVs should not be allowed to be pushed through any prohibited area.
Not only do sections of the bylaw need greater clarification, he said, but there also need to be certain restrictions.
Trails next to people’s homes should be excluded from ATV use, he said.
He pointed out there is a higher likelihood of children playing there as well as other safety issues along with the noise residents would hear from the machines.
“Why put people at risk?” he questioned.
It would also be irresponsible of the city to permit ATVs on roads – which is proposed to allow operators to get to and from the closest trail – putting both the operators and other trail users at risk as the machines aren’t manufactured for road use, Lay said.
He later asked council to hold off on the bylaw until the issues are addressed.
While Lay argued the regulations still need work, when it came up for council discussion later, Coun. Florence Roberts commented: “This is very idealistic.”
If the city had the ability to fully enforce the regulations, she said, it would be wonderful.
She also commented she’d like to see the territory enforce its regulations at the point of sale that ATV owners have insurance and register their vehicles, similar to requirements when buying a car, truck or SUV.
As Pruden noted though, there is concern among dealerships that such a requirement would see operators buy their machines Outside, in jurisdictions where there are no such restrictions.
That said, it wouldn’t likely see purchasers move to B.C., where legislation has just been passed that insurance and registration for ATVs must be provided at the point of sale.
Pruden noted he is continuing to push the issue with the Yukon government.
Meanwhile, Coun. Dave Stockdale noted the numerous issues with ATVs in Riverdale. He wondered how it would “go over” if the city were to ban the machines in the neighbourhood.
“It’s just a thought,” he said.
While Pruden said he prefers not to bring his opinion into the discussion, he said his sense is that such a move would not be favourable.
He did acknowledge that Riverdale probably has about the highest number of ATV complaints coming in, followed by Porter Creek.
If complaints about ATVs continue to come in after the updated bylaw is passed, Stockdale later questioned, is there a possibility the machines could eventually be banned within the city’s urban containment boundary?
Pruden once again told Stockdale he doesn’t want to bring his opinion into the conversation, but pointed out that typically where regulations aren’t followed, rules get tighter and tighter.
He noted too it will take some time to educate the public on the new regulations.
Second and third readings of the bylaw are scheduled to come forward at next week’s meeting.
See commentary on this issue in Friday’s Star.
PFP
Jul 19, 2012 at 3:04 pm
no matter how this all plays out, it won’t work. thats basically a guarantee.