Whitehorse Daily Star

Council won't backpedal on fines given to cyclists

Cyclists who were handed tickets by city bylaw officers on Clean Air Day will be forced to pay up or fight it in court.

By Whitehorse Star on June 15, 2004

Cyclists who were handed tickets by city bylaw officers on Clean Air Day will be forced to pay up or fight it in court.

At Monday evening's city council meeting, a 3-3 tie vote defeated Coun. Dave Stockdale's motion that the city pay for the tickets out of council's Public Relations Fund.

Stockdale, along with councillors Yvonne Harris and Mel Stehelin, voted in favour of the motion.

Mayor Ernie Bourassa and councillors Bev Buckway and Doug Graham, who attended by conference call, voted against it. Coun. Dave Austin was absent from last night's meeting. Whenever a vote on an issue is tied, the motion is defeated.

On June 2, the city ran a campaign to encourage residents to reduce greenhouse gases by walking, riding their bikes, using transit or other alternate forms of transportation as part the national Clean Air Day the city takes part in.

The same day, the city's bylaw department began its campaign to have cyclists comply with the bicycle bylaw on Two Mile Hill after receiving a number of complaints.

Cyclists were issued tickets for not wearing a helmet and using the sidewalk or road instead of the bike path along the north side of the road. Tickets ranged from $15 to $25.

At last night's meeting, Stockdale said paying off the tickets wouldn't be undermining the bylaw department's authority. Bylaw officials realized after the fact that it was bad timing, he said, and wouldn't have had the campaign on Clean Air Day, but likely would have used the day to educate people rather than ticketing them.

'They realize it was a public relations nightmare,' he said.

A number of the cyclists had been on their way to the city's annual pancake breakfast that was part of the festivities.

Stockdale compared the situation to something that might happen in a retail store where the store's manager would likely do something to help rectify the situation.

He noted that it's just 'good business practice'.

While no one disputes the situation created some bad public relations, Buckway argued, council needs to support its employees.

Bylaw officers are asked to do a job that can sometimes turn nasty, she said.

'If we don't uphold the bylaw, who will?' she asked.

Stehelin believes the bylaw department would have had the same effect if it had began on June 3, the day after Clean Air Day.

'The city looks less than smart,' he said.

Harris argued Clean Air Day saw many first-time cyclist commuters who were unaware of the bylaw. It would be a good gesture on the city's part to pay for the tickets, she suggested.

Meanwhile, Graham recalled council's 2000-2003 term which he, Stockdale, Bourassa and Austin served on.

It was only last year, he said, when that council voted to uphold the regulation that cyclists on Two Mile Hill must stay on the bike path. Council also decided to add a section to the bylaw that cyclists in the city must wear helmets.

'I agree that Two Mile Hill (bike path) is a disaster,' said Graham. He had voted in favour of permitting cycling on the Two Mile Hill roadway and against forcing cyclists to wear helmets.

Numerous cyclists appeared before council last week and have previously complained about the turns on the bike path.

Stockdale, Graham recalled, voted in favour of the helmets and permitting cyclists to bike on the roadway.

During Graham's trip Outside, he heard about the Clean Air Day incident, which attracted national publicity. It prompted him to call into the meeting last night.

Council can't pass a bylaw, then expect bylaw officers not to enforce it, he suggested.

As Buckway did, Graham questioned what would happen down the road if someone received a ticket and wanted council to pay it.

Stockdale countered he wasn't arguing that the bylaw should not be enforced, but that it was 'totally inappropriate' to enforce it on Clean Air Day.

'It was an entrapment situation,' he said.

The city has to be sensitive to the situation, he suggested.

Both Buckway and Graham said it wasn't set up, and although the city needs to have better internal communication, it shouldn't be paying off the tickets.

Bourassa didn't speak to the issue last night. However, he said at last week's meeting council shouldn't be interfering in the enforcement of its bylaws. Rather, council's role is in establishing the bylaws that officers enforce, the mayor said.

Stockdale also took issue that his proposal wasn't part of the records kept from the previous week.

He had proposed his motion last week, but it didn't show up to be voted on and he had to introduce it again this week.

'My understanding was it would be on the minutes,' he said.

Harris also suggested the minutes need to reflect the more diverse opinions discussed on issues at council.

After the meeting, the city's director of administrative services, Rob Fendrick, said that with no clear direction from council last week on the matter, Stockdale's recommendation couldn't formally come forward.

With five councillors present at that meeting, where members review the issues prior to the vote the following week, three members appeared in favour of Stockdale's proposal. Two were against it, but there was no consensus to bring it forward, Fendrick said.

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