Collingwood Council is investigating the creation of a new sidewalk bylaw. A Staff Report was presented to Council by Town Clerk Sara Almas. The report talked about proposed improvements to High Street to increase the size of the sidewalk to allow for pedestrians and cyclists (children and adults) to use the sidewalk in a safe manner to transport themselves from point “A” to point “B” without the use of a motorized mode of transportation.

The Staff Report reads as follows:

By-law 94-41, being a by-law which prohibits activities on sidewalks that impede, pose a danger or create an unsafe condition, includes an extensive list of restriction on our sidewalks. They are as follows:

1) THAT any activity be prohibited upon any sidewalk in the Town of Collingwood, including but not limited to, the playing of games such as “haki-sack, hula-hoop, jump rope, games of ball, marbles, the riding of bicycles or any human powered vehicles (excluding wheelchairs), the use of roller skates, roller blades or skateboards or any other activity of this nature deemed to pose a danger, create a usage condition or impede in any way, pedestrian traffic.

Unfortunately, there is no definition of sidewalk in this by-law thus making it difficult to determine what is classified as a sidewalk. The by-law thus relies on the discretion of either the Municipal Law Enforcement Officer or a Police Officer to determine if that person performing any of the activities noted in By-law 94-41 is posing a danger to impede pedestrian traffic. This leaves the decision to the investigation officer in each and every infraction.

With this by-law in effect, the municipality would be in contravention of its own by-law if they moved forward with the proposed improvements to High Street. Also many citizens within our municipality have been in contravention of this by-law. An example would be the paved sidewalk at Sunset Point which is being used for the enjoyment of pedestrians, cyclists, runners, in-line skaters and non-motorized scooters.

Through research gathered from other municipalities, there are by-laws in place which encourage this type of active transportation by designating certain highways (roadways) within their municipality for those types of activities. They also incorporate these types of activities by designating a certain portion of the sidewalk for the use of faster moving pedestrians such as runners, cyclists and in-line skaters and non-motorized scooters. By doing this, no threat or danger is posed to the day to day pedestrian using the sidewalk. Although they allow for these activities on certain sidewalks, they also prohibit the use of cyclists, in-line skaters or non-motorized scooters on certain highways (roadways) and sidewalks.

Conclusion

In order to draft a new by-law to incorporate these functions on certain highways (roadways) or sidewalks, feedback would be required from other departments such as:

1) Leisure Services – The Trails Committee would give valuable insight to assist and bring together citizens to go from the trails to the highways (roadways) or sidewalks;

2) The Ontario Provincial Police to ensure safety concerns;

3) The Public Works Department to evaluate further development and upgrading of certain highways (roadways) including the development of sidewalks;

4) Planning Services to determine certain zones and an insight into the Official Plan; and

5) The Environment Network as an outside resource who currently promotes active transportation.

Another point to consider while drafting a new by-law is the safe passage of children within our community. Many children and young adults who bike to school on sidewalks are also in contravention of the current by-law.

In discussion around the council table, Councilor Ian Chadwick stated that he would like to see more liberalization of some of the uses. "Because of the traffic buildup in this community we have a lot more kids using the sidewalks with bicycles because it’s the only safe place to go in light of the traffic” Chadwick said.

Town Clerk Sara Almas agreed that the by-law is much more of a complex issue than originally anticipated. “We’ve also looked at other sidewalk by-laws and it is quite complex. In discussions with the Environment Network it was brought to our attention that even children at the age of nine don’t have the cognitive ability to be driving along with other traffic, so we’re going to be working closely with Leisure Services, the Environment Network and our other internal departments to come back with a comprehensive sidewalk bylaw” Almas added.

Councilor Sonny Foley was concerned about how motorized scooters would fit into the proposed new by-law. “The one thing that I’d like to see is that the motorized scooters for those who are physically challenged, be allowed to go anywhere in town on the sidewalk” Foley told council.

Mayor Chris Carrier asked Clerk Sara Almas if this proposed by-law would be something that could be discussed at a public meeting. Councilor Mike Edwards agreed that public input on a proposed sidewalk by-law would be appreciated.