SOMBA K'E/YELLOWKNIFE - A city ordinance demanding city parks be closed between 11 p.m. and 7 a.m. may be heading toward the scrap heap, along with a number of other restrictive clauses in the city's parks bylaw.

City councillor Amanda Mallon brought the issue of operating hours in city parks up during a council review of the bylaw Monday.

The parks bylaw has been a point of contention since last September when city administration added a number of controversial and restrictive provisions, including a ban on tobogganing in parks unless otherwise approved by the city, or doing "anything which is likely to attract a crowd." City council, many of whom admitted to not having read administration's proposed changes, was forced to backtrack after initially voting in favour of the changes on first and second reading.

Some of the more contentious items were removed from the proposed bylaw, but others, including a revamped regulation on closing parks at night remained. Now councillors want that one gone too, including the original ordinance that's been on the books since 1997. The updated park curfew proposal includes two more clauses, one of which reads: "no person shall enter or remain in a public park when it is closed to the public."

"I would have trouble supporting this bylaw if (the operating hours clause) stays in," said Mallon.

"I would support the city occasionally setting hours if the city has a valid reason. I couldn't support the regulation as it's written out."

Mallon's proposal of changing the stated 11 p.m. to 7 a.m. closing hours to special circumstances-only was supported by several other councillors.

City administrator Max Hall said the main concern with removing the stated closing hours would be managing noise levels in parks near residences, but Coun. Lydia Bardak said the current noise bylaw should be sufficient to cover that problem.

Coun. Shelagh Montgomery also supported Mallon's proposals.

"I would certainly support that, and maybe something about park use could be put in rather than hours," said Montgomery.

The change was supported by Coun. David Wind as well, but he said he still considers the overall parks bylaw too restrictive.

"I will certainly support the change in the hours to a 'to-be-posted from time to time,' if it's necessary or agreed to by the residents who live adjacent to the park," said Wind.

"I do think that there are a couple of other areas where a similar type of flexibility would be in order."

Wind said rules forbidding park users from damaging plant life are too strict. He said someone who walks on grass and damages it could be fined.

The fine, which exists in the current bylaw, is to a maximum of $2,000 for a person and $10,000 for a corporation. Hall told council administration would look at changing the operating hours clause in the parks bylaw.