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Council looks into ATV exemption for snow removal

There will be no quick changes to allow ATVs for snow clearing in St. Albert but city council is looking into the issue.

There will be no quick changes to allow ATVs for snow clearing in St. Albert but city council is looking into the issue.

Mayor Nolan Crouse asked administration to recommend whether the traffic bylaw or city policies need adjustment in the wake of a controversy over using ATVs to clear snow.

Using ATVs within city limits is illegal but a snowstorm of controversy has been swirling since local authorities issued a ticket to local chiropractor Jon Cooper for using his machine to clear snow on a city sidewalk frequented by many seniors.

In the wake of “quadgate,” Mayor Nolan Crouse has mused about changing the bylaw so it isn’t illegal to be neighbourly. He repeated that desire Monday but also said he doesn’t want any changes to be too narrow.

“I just don’t want this to be focused only on ATVs,” he said.

If there’s a huge flood or windstorm in the future citizens may need to use other prohibited vehicles to assist in cleanup efforts, he said.

Cooper himself addressed council Monday, urging a quick change to the bylaw to allow a specific exemption for ATVs for snow clearing during times of heavy snowfall.

“I’ve never had more snow on my property than I’ve had this year. It’s triple what it was last year,” he said. “The day I was doing the walks the snow was three feet deep. Nobody could walk on the sidewalks, they were walking down Bellerose Drive with four lanes of traffic.”

Coun. Cam MacKay suggested bylaw officers should simply choose to ignore the bylaw for snow clearing.

City manager Bill Holtby said bylaw officers use discretion by issuing warnings first but aren’t empowered to pick and choose which bylaws to enforce.

He felt council could amend the existing bylaw to allow ATVs with snow blades, if desired.

“You’ll probably find an amendment to the bylaw that would allow for such activity,” he said, before stressing the need for caution.

“Allowing the use of ATVs on public property lets you drive your ATV across the park, lets it on the river, etc. You have to be very cautious about the wording and what exceptions are allowed.”

Banning ATV use was a change meant mainly to curb the use of snowmobiles on the Sturgeon River, he said.

Cooper was using his ATV on Saturday, Jan. 8 to try and clear a sidewalk between his property on Bellerose Drive and a seniors’ residence at Ironwood Point. The ATV became stuck in the snow and Cooper returned to his property to get his pickup truck and his son to help free the vehicle.

Two RCMP officers came along just before the Coopers were about to attach tow ropes in an attempt to free the ATV.

The RCMP have alleged the truck was a traffic hazard and the Coopers were unco-operative when approached. Cooper wound up with a $250 fine for illegally operating the ATV while his son was arrested for resisting arrest and obstructing a peace officer.

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