Whitehorse Daily Star

City should pay tickets: businessman

The city's bylaw department will follow whatever direction city council gives it on the cycling bylaw.

By Whitehorse Star on June 3, 2004

The city's bylaw department will follow whatever direction city council gives it on the cycling bylaw.

That was made clear today after city councillor Dave Stockdale said he plans to bring forward a motion to waive tickets handed out to cyclists riding down Two Mile Hill not wearing a helmet on Wednesday Clean Air Day.

The national campaign, which the city participates in, is designed to encourage residents to use alternative transportation such as walking, biking or buses.

'We will follow whatever lead they tell us to,' bylaw department manager John Taylor said in an interview this morning.

Early Wednesday morning, the department began its two-week campaign to get cyclists to follow the bicycle bylaw, which doesn't allow riding on the sidewalk or Two Mile Hill. It does require cyclists wear a helmet a change that was made last year.

The previous council had considered changing the bylaw so cyclists would be permitted to descend down the roadway of Two Mile Hill. However, members opted instead to continue to restrict the cyclists to the bike path, but require helmets.

Taylor noted the campaign of ticketing cyclists has stemmed from a number of complaints the city has received in the past couple of months. Throughout May, he noted, the city advertised warnings would be handed out with the ticketing campaign beginning in June.

Yesterday, 15 tickets were handed out along with one warning given to a newcomer who wasn't aware of the bylaw. Two $15-tickets were given out to cyclists who didn't wear a helmet and the remaining 13 $25-tickets went to those using the Two Mile Hill sidewalk.

While Taylor acknowledged the timing might have been a little off to ticket cyclists on Clean Air Day, he noted the law can't be ignored simply because it's Clean Air Day.

'What makes it right on Clean Air Day?' Taylor asked.

He noted that if he could do it again, he would issue the tickets, but also provide some education about brain injuries that can result from accidents when a helmet isn't worn.

After numerous cyclists raised the matter Wednesday at the city's annual pancake breakfast with Stockdale, the councillor said he would bring forward a motion to waive the tickets for those caught not wearing a helmet.

He suggested not riding on the sidewalk should be 'common sense', but some cyclists may not know about the helmet regulation.

However, city manager Bill Newell said this morning he understands council can't waive tickets the bylaw department has handed out. The tickets fall under the Summary Convictions Act, which prohibits them from being waived.

Council could vote to reimburse those who pay their tickets, he said.

Business owner Chris Sorg, who owns Main Street stores like Mac's Fireweed Books, Murdoch's Gem Shop and Paradise Alley, said today the city needs to write off the tickets.

'The city could pay the tickets,' he said.

A number of employees at the stores, who wouldn't normally bike to work, had dug out their bikes to take part in Clean Air Day only to find themselves being handed a ticket for doing so, he added.

'They've made their point,' Sorg said of the city's bylaw department.

Newell said council will likely discuss the issue at Monday evening's council meeting.

A number of cyclists argued the bike path isn't safe for cyclists because of the sharp turns through parts of it. However, Taylor noted the bylaw department is responsible for enforcing the regulations council passes.

He also noted there's a safety concern for pedestrians using the Two Mile Hill sidewalk when there are bicycles travelling up to 40 kilometres per hour coming down the hill.

He suggested the sharp turns in the trail may be designed to slow down cyclists going through intersections like Industrial Road.

Taylor noted there was a lot of disrespect given to bylaw officers by cyclists they are trying to stop. Some cyclists simply rode by when they were told to stop.

In one case this morning, a bylaw officer chased after a cyclist who wouldn't stop.

Sorg suggested that on Clean Air Day, the bylaw officers should have issued warnings to cyclists breaking the bylaw.

He acknowledged that could be construed as condoning breaking the law. However, he noted, the RCMP will hand out warnings to people who are breaking the law by going a bit over the speed limit.

'That's what should have been done,' he said.

While council could reimburse those who pay the fine, some are planning to take the matter to court.

They intend to plead not guilty because, it's argued, cyclists are forced onto the sidewalk at certain parts of the trail such as at the intersection of Two Mile Hill and Industrial Road.

Meanwhile, the sting operation received national publicity Wednesday evening when Stockdale was interviewed on CBC radio's As it Happens.

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