The need to change the Snowmobile Bylaw
April 19, 2018 email to Whitehorse City Council and administration - by Dorothy Lebel
(Background: In March 2018, ATWA requested an amendment to the Snowmobile Bylaw: add "non-motorized trails, greenbelt, open space" to the list of prohibited areas. Administration quickly dismissed our request, without explanation. Meanwhile, administration initiated a proposal to amend the ATV Bylaw to loosen some restrictions.
The April 19 email below summarized the steps taken by Active Trails Whitehorse Association over the past 5 years to bring the above amendment to the Snowmobile Bylaw, and asked a specific question about the process for bylaw change.
No response has been received as of June 8, 2018, leaving our question unanswered.)
In our March 2018 letter, we referred to some proposed ATV Bylaw amendments only as an example of a new bylaw currently being opened for potential changes. We never claimed, as (administration) seem to imply, that our request for changes to the Snowmobile Bylaw should be part of the scope for changes to the ATV Bylaw.
We request clarification as to the process for bylaw change. Isn’t there a consistent set of criteria and mechanism for bylaw amendment requests, that are applied equally to all parties requesting bylaw changes? Are such requests directly made to our elected officials who will provide directions to administration? Or is administration giving directions to our elected officials?
We have repeatedly made the same request over the past 5 years, which is simply to add “non-motorized trail, greenbelt, open space” to the list of Excluded Areas in the Snowmobile Bylaw. This request has been made by means of meetings and/or letters to administration and City Council, and at City Hall meetings, all to no avail.
Some of the previous reasons from the City for turning down our request was that the 2012 Snowmobile Bylaw was too new for changes. We later were told to wait for the new Parks & Open Space Bylaw, and/or the 2015 amendments to the Snowmobile and ATV Bylaws, as these would address our concerns, which in the end did nothing of the sort. We were also told 3 years ago that our request would be dealt with at the next annual (or semi-annual or bi-annual?) cycle of bylaw review. Didn’t happen.
We were also told that the 2012 Snowmobile Bylaw was the result of public consultation. However, the 2011 Whitehorse Snowmobile survey results clearly indicated the majority’s preference for separate non-motorized and motorized trail use. (See page 54 of the July 2011 Snowmobile Bylaw Report:
https://www.activetwa.org/uploads/2/2/7/6/22767404/110701_snowmobile_bylaw_report_july_2011.pdf).
Several neighborhood plans, other surveys, and City plans state the same, as per the list included in our attached March letter, and the Sustainability Plan recommends limiting access to greenspaces.
(See these records listed below.)
Furthermore, the public couldn’t have been agreeing in 2012 with allowing snowmobiles on non-motorized trails and greenbelts, since obviously the public was largely unaware of that allowance, and is still confused about it to this day. Since 2012, city staff have been announcing this allowance to one Trail Task Force after another throughout the City, much to the dismay and confusion of most task force participants. I closely followed the writing of the 2012 Snowmobile Bylaw, and I can assure you that this allowance was not ever clearly laid out at City Hall meetings attended by the media and public.
It is interesting that in February 2018 the Yukon Cross Country Motorcycle Association (YCCMA)’s request for ATV Bylaw change was speedily brought forward by administration as a proposal to City Council. I do not wish to debate here the merits of the YCCMA request. I only inquire here as to how exactly was the YCCMA request handled by administration so that it was eventually placed on the City’s agenda.
Furthermore, (administration) mentioned in a February 5, 2018 email that this proposed change was to allow YCCMA to have children operate motorbikes on the Robert Service motocross lease. I recall that this is a conditional lease, to be used by the club in accordance with the requirements of the ATV Bylaw.
However, in 2015 both the ATV and Snowmobile Bylaws were amended by the City to maintain the requirements for registration, insurance, and operator’s license. In other words, by means of the 2015 amendments, children would not be allowed to operate these machines anywhere within city limits. But now, a mere 3 years after the 2015 amendment, the City is considering reversing this amendment, at least partially, so that children can operate these machines. Isn’t this a double-standard with regard to timing, considering that we have repeatedly had our request turned down over the past 5 years on the pretext that the 2012 Snowmobile Bylaw is ‘too new’ for changes?
Furthermore, (administration) is currently seeking changes to the Snowmobile Bylaw’s list of Excluded Areas, to add the Bert Law Park and ‘Birch Loop’ non-motorized trails to the list. This is another example of administration being quite prepared to amend the Snowmobile Bylaw at this time. We understand that (administration's) request has been postponed until the Whistle Bend perimeter trail issue has been dealt with at the end of this month (has been postponed). However, there may well be more additions to the list of Excluded Areas later down the road, after other Trail Task Forces processes have been completed. In other words, the Snowmobile Bylaw’s list of Excluded Areas may have to be repeatedly amended over the next few years.
It should be obvious that the above piecemeal approach currently used by administration is confusing, divisive and time-consuming, and is also unnecessarily costing the City in terms of staff wages and signage. Also, the current allowance of snowmobiles on non-motorized trails and greenbelts is environmentally unsustainable, especially in view of the current population growth and densification in the City. This on-going issue could be resolved once and for all if the City dealt with our request: simply add “non-motorized trail, greenbelt, open space” to the list of Excluded Areas of the Snowmobile Bylaw.
We agree with the bylaw’s current provisions for permitting motorized grooming of non-motorized trails when needed. We also agree with the bylaw’s current provisions allowing snowmobile operation on city streets to reach designated motorized trails.
To summarize:
For the sake of transparency, fairness, protection of greenspaces, respect for residents’ rights to quiet enjoyment of their property and non-motorized trails, please address the above requests.
_______________________________________________________________________________________
(Background: In March 2018, ATWA requested an amendment to the Snowmobile Bylaw: add "non-motorized trails, greenbelt, open space" to the list of prohibited areas. Administration quickly dismissed our request, without explanation. Meanwhile, administration initiated a proposal to amend the ATV Bylaw to loosen some restrictions.
The April 19 email below summarized the steps taken by Active Trails Whitehorse Association over the past 5 years to bring the above amendment to the Snowmobile Bylaw, and asked a specific question about the process for bylaw change.
No response has been received as of June 8, 2018, leaving our question unanswered.)
In our March 2018 letter, we referred to some proposed ATV Bylaw amendments only as an example of a new bylaw currently being opened for potential changes. We never claimed, as (administration) seem to imply, that our request for changes to the Snowmobile Bylaw should be part of the scope for changes to the ATV Bylaw.
We request clarification as to the process for bylaw change. Isn’t there a consistent set of criteria and mechanism for bylaw amendment requests, that are applied equally to all parties requesting bylaw changes? Are such requests directly made to our elected officials who will provide directions to administration? Or is administration giving directions to our elected officials?
We have repeatedly made the same request over the past 5 years, which is simply to add “non-motorized trail, greenbelt, open space” to the list of Excluded Areas in the Snowmobile Bylaw. This request has been made by means of meetings and/or letters to administration and City Council, and at City Hall meetings, all to no avail.
Some of the previous reasons from the City for turning down our request was that the 2012 Snowmobile Bylaw was too new for changes. We later were told to wait for the new Parks & Open Space Bylaw, and/or the 2015 amendments to the Snowmobile and ATV Bylaws, as these would address our concerns, which in the end did nothing of the sort. We were also told 3 years ago that our request would be dealt with at the next annual (or semi-annual or bi-annual?) cycle of bylaw review. Didn’t happen.
We were also told that the 2012 Snowmobile Bylaw was the result of public consultation. However, the 2011 Whitehorse Snowmobile survey results clearly indicated the majority’s preference for separate non-motorized and motorized trail use. (See page 54 of the July 2011 Snowmobile Bylaw Report:
https://www.activetwa.org/uploads/2/2/7/6/22767404/110701_snowmobile_bylaw_report_july_2011.pdf).
Several neighborhood plans, other surveys, and City plans state the same, as per the list included in our attached March letter, and the Sustainability Plan recommends limiting access to greenspaces.
(See these records listed below.)
Furthermore, the public couldn’t have been agreeing in 2012 with allowing snowmobiles on non-motorized trails and greenbelts, since obviously the public was largely unaware of that allowance, and is still confused about it to this day. Since 2012, city staff have been announcing this allowance to one Trail Task Force after another throughout the City, much to the dismay and confusion of most task force participants. I closely followed the writing of the 2012 Snowmobile Bylaw, and I can assure you that this allowance was not ever clearly laid out at City Hall meetings attended by the media and public.
It is interesting that in February 2018 the Yukon Cross Country Motorcycle Association (YCCMA)’s request for ATV Bylaw change was speedily brought forward by administration as a proposal to City Council. I do not wish to debate here the merits of the YCCMA request. I only inquire here as to how exactly was the YCCMA request handled by administration so that it was eventually placed on the City’s agenda.
Furthermore, (administration) mentioned in a February 5, 2018 email that this proposed change was to allow YCCMA to have children operate motorbikes on the Robert Service motocross lease. I recall that this is a conditional lease, to be used by the club in accordance with the requirements of the ATV Bylaw.
However, in 2015 both the ATV and Snowmobile Bylaws were amended by the City to maintain the requirements for registration, insurance, and operator’s license. In other words, by means of the 2015 amendments, children would not be allowed to operate these machines anywhere within city limits. But now, a mere 3 years after the 2015 amendment, the City is considering reversing this amendment, at least partially, so that children can operate these machines. Isn’t this a double-standard with regard to timing, considering that we have repeatedly had our request turned down over the past 5 years on the pretext that the 2012 Snowmobile Bylaw is ‘too new’ for changes?
Furthermore, (administration) is currently seeking changes to the Snowmobile Bylaw’s list of Excluded Areas, to add the Bert Law Park and ‘Birch Loop’ non-motorized trails to the list. This is another example of administration being quite prepared to amend the Snowmobile Bylaw at this time. We understand that (administration's) request has been postponed until the Whistle Bend perimeter trail issue has been dealt with at the end of this month (has been postponed). However, there may well be more additions to the list of Excluded Areas later down the road, after other Trail Task Forces processes have been completed. In other words, the Snowmobile Bylaw’s list of Excluded Areas may have to be repeatedly amended over the next few years.
It should be obvious that the above piecemeal approach currently used by administration is confusing, divisive and time-consuming, and is also unnecessarily costing the City in terms of staff wages and signage. Also, the current allowance of snowmobiles on non-motorized trails and greenbelts is environmentally unsustainable, especially in view of the current population growth and densification in the City. This on-going issue could be resolved once and for all if the City dealt with our request: simply add “non-motorized trail, greenbelt, open space” to the list of Excluded Areas of the Snowmobile Bylaw.
We agree with the bylaw’s current provisions for permitting motorized grooming of non-motorized trails when needed. We also agree with the bylaw’s current provisions allowing snowmobile operation on city streets to reach designated motorized trails.
To summarize:
- Please provide us with a description of the criteria and mechanism by which a public request for bylaw change is processed into a proposal to the City, i.e. placed on Council’s agenda.
- I reiterate the request to change the Snowmobile Bylaw, specifically to add “non-motorized trail, greenbelt, open space” to the list of Excluded Areas, as per the attached March 19 letter, signed by me and 10 other Whitehorse residents.
For the sake of transparency, fairness, protection of greenspaces, respect for residents’ rights to quiet enjoyment of their property and non-motorized trails, please address the above requests.
_______________________________________________________________________________________
March 12, 2018
From: Active Trails WhitehorseAssociation (ATWA)
To: Citizens of Whitehorse
Re: The need to revise the Snowmobile Bylaw
The flawed Snowmobile Bylaw has left a trail of confusion and controversy in our neighborhoods, the latest casualty being the Whistle Bend perimeter trail. More of the same is to come for the Whitehorse North and South trail designation process, unless changes are soon made to the Snowmobile Bylaw.
Active Trail Whitehorse Association (ATWA) supports the designation of motorized “out and away” trails allowing ATVs and snowmobiles “to get away from the local green space and into the larger hinterland, where they will not be a nuisance to non-motorized users.” (Official Community Plan, section 18.5)
The City already has an extensive network of designated motorized multiple use trails. In 2011, this network consisted of an estimated 400 km of motorized trails. That figure has undoubtedly expanded considering the number of completed community Trail Task Force decisions since that time. (See City map at this link: http://whitehorse.ca/home/showdocument?id=4210 and https://hillcrestcommunity.files.wordpress.com/2011/11/letter-to-hca-residents.pdf.)
The Official Community Plan says, “Where feasible, consideration shall be made to separate multi-use trails (which accommodate motorized and non-motorized recreation) from non-motorized trails.” (OCP 18.5.1) The City has certainly accommodated the needs of motorized users of our trails. It now needs to do the same for non-motorized users, and ensure they have trails that are free from motorized use year-round.
Both the ATV Bylaw and the Snowmobile Bylaw permit operators to use residential streets outside the downtown core to reach designated “out and away” motorized trails. The Snowmobile Bylaw defines snowmobiles as “motor vehicles”. Both bylaws prohibit ATVs and snowmobiles from entering Environmentally Sensitive Areas year-round.
The ATV Bylaw bars ATVs from non-motorized trails, greenbelts, and open spaces, and requires ATVs to stay on designated motorized trails.
But here is the problem with the current Snowmobile Bylaw: it fails to list non-motorized trails, greenbelts, and open spaces under its “Excluded Areas”.
(See “Excluded Areas” #15 of the bylaw at the following site: http://www.whitehorse.ca/home/showdocument?id=74).
Unfortunately, this means that most so-called “non-motorized” trails, and all greenbelts and open spaces in the City regardless of their location, are open to snow machine use for more than half the year. This can lead to the widening of trails, damage to vegetation, and disturbance to wildlife, non-motorized users, and City residents.
A snowmobile operator can drive a snowmobile on any non-motorized trail unless it is specifically listed under “Excluded Areas”, or in “Schedule C” of the bylaw. Some trails, not mentioned in the Snowmobile Bylaw, may also be off-limits to all types of motorized vehicles if signed appropriately.
It is time to amend the Snowmobile Bylaw to bring some sense to this inequitable and confusing situation.
So-called non-motorized trails, greenbelts, and open spaces need protection both in summer and winter. We need to give them that protection, and we need to do it now. Please help redress this situation. Ask Mayor and Council (mayorandcouncil@whitehorse.ca) to amend the Snowmobile Bylaw by adding non-motorized trails, greenbelts, and open spaces to the bylaw’s list of “Excluded Areas”.
For information about snowmobile impacts on the environment and neighbourhoods, visit ATWA’s webpage:
https://www.activetwa.org/snowmobile-impacts.html
__________________________________________________________________________________________________________
From: Active Trails WhitehorseAssociation (ATWA)
To: Citizens of Whitehorse
Re: The need to revise the Snowmobile Bylaw
The flawed Snowmobile Bylaw has left a trail of confusion and controversy in our neighborhoods, the latest casualty being the Whistle Bend perimeter trail. More of the same is to come for the Whitehorse North and South trail designation process, unless changes are soon made to the Snowmobile Bylaw.
Active Trail Whitehorse Association (ATWA) supports the designation of motorized “out and away” trails allowing ATVs and snowmobiles “to get away from the local green space and into the larger hinterland, where they will not be a nuisance to non-motorized users.” (Official Community Plan, section 18.5)
The City already has an extensive network of designated motorized multiple use trails. In 2011, this network consisted of an estimated 400 km of motorized trails. That figure has undoubtedly expanded considering the number of completed community Trail Task Force decisions since that time. (See City map at this link: http://whitehorse.ca/home/showdocument?id=4210 and https://hillcrestcommunity.files.wordpress.com/2011/11/letter-to-hca-residents.pdf.)
The Official Community Plan says, “Where feasible, consideration shall be made to separate multi-use trails (which accommodate motorized and non-motorized recreation) from non-motorized trails.” (OCP 18.5.1) The City has certainly accommodated the needs of motorized users of our trails. It now needs to do the same for non-motorized users, and ensure they have trails that are free from motorized use year-round.
Both the ATV Bylaw and the Snowmobile Bylaw permit operators to use residential streets outside the downtown core to reach designated “out and away” motorized trails. The Snowmobile Bylaw defines snowmobiles as “motor vehicles”. Both bylaws prohibit ATVs and snowmobiles from entering Environmentally Sensitive Areas year-round.
The ATV Bylaw bars ATVs from non-motorized trails, greenbelts, and open spaces, and requires ATVs to stay on designated motorized trails.
But here is the problem with the current Snowmobile Bylaw: it fails to list non-motorized trails, greenbelts, and open spaces under its “Excluded Areas”.
(See “Excluded Areas” #15 of the bylaw at the following site: http://www.whitehorse.ca/home/showdocument?id=74).
Unfortunately, this means that most so-called “non-motorized” trails, and all greenbelts and open spaces in the City regardless of their location, are open to snow machine use for more than half the year. This can lead to the widening of trails, damage to vegetation, and disturbance to wildlife, non-motorized users, and City residents.
A snowmobile operator can drive a snowmobile on any non-motorized trail unless it is specifically listed under “Excluded Areas”, or in “Schedule C” of the bylaw. Some trails, not mentioned in the Snowmobile Bylaw, may also be off-limits to all types of motorized vehicles if signed appropriately.
It is time to amend the Snowmobile Bylaw to bring some sense to this inequitable and confusing situation.
So-called non-motorized trails, greenbelts, and open spaces need protection both in summer and winter. We need to give them that protection, and we need to do it now. Please help redress this situation. Ask Mayor and Council (mayorandcouncil@whitehorse.ca) to amend the Snowmobile Bylaw by adding non-motorized trails, greenbelts, and open spaces to the bylaw’s list of “Excluded Areas”.
For information about snowmobile impacts on the environment and neighbourhoods, visit ATWA’s webpage:
https://www.activetwa.org/snowmobile-impacts.html
__________________________________________________________________________________________________________
City of Whitehorse survey results and neighbourhood plans indicate that the majority of residents support the restriction of snowmobiles to
designated motorized trails:
designated motorized trails:
- 2010 Riverdale Neighbourhood Plan: Section 1.5.3, Questionnaire outcome (page 9)
“Motorized recreational vehicles (ATVs, snowmobiles) were identified as a major point of contention in the community. Many feel disturbed by motorized activity and identify it as a safety issue, particularly in regards to children. The consensus seems to be that laws regarding these vehicles are not being respected and must be more stringently enforced.”
“Furthermore, trails need to be strongly designated as motorized or non-motorized. Many also expressed concern regarding the erosion of trails, and general environmental damage caused by these vehicles.”
- 2010 Whitehorse Official Community Plan section 18.5.1:
“Where feasible, consideration shall be made to separate multi-use trails (which accommodate motorized and non-motorized recreation) from non-motorized trails. Future multi-use trail development shall avoid environmentally sensitive areas wherever possible.”
- 2011 Whitehorse Snowmobile Survey (statistically valid) results:
https://www.activetwa.org/uploads/2/2/7/6/22767404/110701_snowmobile_bylaw_report_july_2011.pdf
“It is important to separate motorized and non-motorized trail use: 59% agree 23% disagree”
(This survey was part of the 2011-2012 public consultation process for the new Snowmobile Bylaw.)
- 2014 Hillcrest Neighbourhood Plan - section 3.4.4.3:
“The City should continue to explore methods such as improved signage, barriers (Figure 11), and compliance monitoring, to ensure All Terrain Vehicles (ATVs) and snowmobiles are used only on trails where motorized vehicles are permitted.”
- 2015-2050 Whitehorse Sustainability Plan:
“Manage greenspace to rehabilitate, limit access, and limit fragmentation” (page 20)
- 2015 ORV impacts and management measures - Survey conducted by Yukon conservation Society, Friends of McIntyre Creek, Porter Creek Community Association
Respondents made numerous comments on the need to keep motorized vehicles off non-motorized trails summer and winter.
- 2016 Whistle Bend, Porter Creek, Takhini survey:
May 2017 “Porter Creek/Whistle Bend/Takhini/Range Point Trail Plan Report:
http://whitehorse.ca/Home/ShowDocument?id=8364 (report is on pages 17 to 24 of agenda package)
Quoting from page 5 of report:
“Survey respondents were also asked to weigh in on the matter of the designation of the paved perimeter trail in Whistle Bend. Options provided (and responses) were as follows:
• Non-motorized year-round (54% agree, 23% oppose, 23% neutral)
• Motorized winter only (34% agree, 40% oppose, 24% neutral)
• Motorized year-round (24% agree, 48% oppose, 27% neutral)”
_________________________________________________________________________________________
Whistle Bend perimeter trail signage:
In July 2017 the City replaced the "all motorized vehicles prohibited" sign (below left) with a multi-use sign allowing snowmobiles (below right), despite the above survey results indicating the majority's support for year-round non-motorized designation. The City's rationale for replacing the sign was that the current Snowmobile Bylaw allows snowmobiles on non-motorized trails.
In July 2017 the City replaced the "all motorized vehicles prohibited" sign (below left) with a multi-use sign allowing snowmobiles (below right), despite the above survey results indicating the majority's support for year-round non-motorized designation. The City's rationale for replacing the sign was that the current Snowmobile Bylaw allows snowmobiles on non-motorized trails.
Below are photos taken from the Whistle Bend perimeter trail, where snowmobiles are now allowed to operate, despite being next to residences for over 1 kilometre, and despite survey results indicating the majority's support for year-round non-motorized designation.
Below: A landscaped pond park in the Middle of Whistle Bend is being used as a snowmobile playground in the winter, despite its location between rows of residences.
