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Park curfew 'sucks'
Controversial bylaw proposal back to drawing board once again

Tim Edwards
Northern News Services
Published Wednesday, March 17, 2010

SOMBA K'E/YELLOWKNIFE - A heavily edited version of last fall's controversial parks bylaw is still meeting with opposition from city councillors. The new draft was brought before city council at a Municipal Services Committee meeting on March 15.

Controversial aspects of previously proposed bylaw

  • Swinging a golf club
  • Doing anything that is likely to attract a crowd
  • Propelling a golf ball or plastic ball of any kind in any manner S
  • Riding downhill on a toboggan, sleigh, carpet or other sliding device
  • Entering into an undeveloped or natural area other than a designated trail
  • Playing darts, horseshoes or disc golf
  • Wading or swimming
  • Launching a boat, canoe, kayak or similar craft

Highlights of newly proposed bylaw

  • Parks closed to public from 11 p.m. until 7 p.m.
  • Respect all signage and prohibitions with regards to entering undeveloped or natural areas
  • No possessing any firearm, bow, arrow, or hunting knife
  • No racing or speeding on a skating rink in a way that could endanger other users of the rink
  • No overnight storage of boats, canoes, kayaks, or similar craft in parks
  • No operation of sound amplification devices
  • No riding of bicycles and skateboards except on designated trails
  • No acting in any way – including, specifically, throwing or propelling an object – that is reasonably likely to cause someone harm or break something

Many controversial elements of the original document, such as prohibitions on doing "anything which is likely to attract a crowd" and riding toboggans in parks, have been removed. A ban on throwing objects has been modified to specify activities that may cause other people harm.

"In the memorandum it wasn't readily apparent to me why it was necessary for me to bring forward this bylaw at all," said city councillor David Wind.

Wind asked city administration how urgent it was to bring forward the laundry list of new regulations. Grant White, director of public services for the city, said the number of parks and recreation facilities has drastically increased since the current bylaw was last updated in the 1990s, and more regulations are needed to keep them safe and maintainable.

Wind said he would rather see a bylaw that was less restrictive and more of a blanket statement - "that enjoyment of those parks and those facilities has to take place in a way that respects the rights of other people who are enjoying the parks and facilities."

"I would prefer to see an approach from that sort of premise, rather than a bylaw that identifies all sorts of misuses, which is bound to leave out something, and bound to be misinterpreted," said Wind.

White said municipal enforcement officers have very little power to act against reckless and dangerous activity in the city's parks and facilities. He said there are damages to city facilities, such as the Multiplex and the library, every couple weeks from people using them in ways they weren't intended to be used.

As well, White said fights have broken out between intoxicated people in the library and threats have been made to staff. Although these offences are governed by the Criminal Code of Canada, White said municipal enforcement and city staff should have the power to do something to help divert these activities.

"We are responding probably daily if not numerous times a day to the library," said Doug Gillard, manager of municipal enforcement, who was also at the meeting.

According to Coun. Bob Brooks, some of the proposed prohibitions - or at least the way they are worded - go beyond that ideal. One part of the bylaw bans the use of sporting equipment unless in a designated facility for that equipment.

"The way it reads - does that mean you can't throw a ball unless you're in a ball field? You can't throw a football except in a football field? You can't kick a soccer ball unless in a soccer field?" asked Brooks.

White said the rules have more to do with activities like people playing floor hockey in the lounge of the multiplex. Brooks asked that the wording be changed so activities are only banned if done "recklessly."

One part of the bylaw would have public parks "closed" from 11 p.m. until 7 a.m. Couns. Brooks and Lydia Bardak said this would put a damper on northern lights viewing, as well as late-night park activity under the midnight sun in the summer.

"If I am in Rotary Park at midnight looking at the northern lights I will be violating this bylaw. That sucks," said Bardak.

Brooks also recommended the removal of a clause prohibiting the use of bikes anywhere except designated trails, and the removal of "throwing or propelling an object" from a clause prohibiting acting in any way - including, specifically, throwing or propelling an object - that is reasonably likely to cause someone harm or break something.

Corporate services director Carl Bird said city administration would consider these recommendations, as well as others made by city council, and reword the bylaw. After it is reworded, it will be brought back before the Municipal Services Committee once again.

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