OLDS — A bylaw change proposed last week would allow Olds residents to run extension cords or cables across sidewalks or pathways when the weather is extremely cold.
That change was expected to come up for approval during town council’s Feb. 14 meeting. It was introduced during the Feb. 7 policies and priorities meeting.
Specifically, the proposed new wording says “no person shall place an electrical cord on or above a sidewalk/trail/pathway, unless it is a minimum height of 2.5 metres above the sidewalk except:
a.) if the temperature is below -25 degrees Celsius and must ensure that it does not cause a tripping hazard;
b.) in the case of any other type of non-electrical cord, it shall not be placed on any sidewalk/trail/pathway unless given prior permission from the CAO or designate.”
Protective services director Justin Andrew said senior community peace officer Sgt. Eric Christensen advocated for the proposed new wording in the wake of the recent cold snap which resulted in temperatures below –30 C “for a longer than normal period.”
He said that especially frosty period caused problems for residents who had no garage or off-street parking, thus had to park their vehicles on the street and plug extension cords to them across sidewalks or pathways.
He also said in some cases, cables for services such as internet or other utilities had to be run into homes because the cold spell made it impossible to trench them in.
Town operations staff doing maintenance on paths were also affected.
Until now, the current version of the town’s community standards bylaw did not allow that practice due to concerns that cords or cables could pose a tripping hazard for pedestrians.
Andrew conceded those tripping hazards remain a risk under this new wording, However, he said in dramatically cold weather, residents have little choice if they want their vehicles to start.
“The current bylaw essentially provides a very black and white interpretation of what the bylaw is and there’s no flexibility for various circumstances where it’s extremely cold. People need their vehicles plugged in, otherwise they won’t start,” Andrew said.
Several councillors agreed with that thinking.
Andrew also said while the possibility of those cords being a tripping hazard could be an issue, very few people tend to go out walking when it’s that cold.
Andrew said during the cold snap, the town’s Municipal Enforcement department initiated “numerous investigations as well as officer observed investigation” as a result of complaints from the public about tripping hazards caused by those cords.
He said those investigations and observations resulted in more than 50 educational notices being issued to residents.
“Numerous residents contacted Municipal Enforcement with their frustration of these notices,” he said.
Andrew stressed that any laying of electrical cords or cables would have to be done to provide as much safety and access as possible.
Coun. Dan Daley wondered if allowing potential tripping hazards like that could expose the town to liability issues.
Chief administrative officer Michael Merritt said he believes the Town would be covered against that but he also said he would check into that possibility.
"I think we’d be covered under the reasonable care (requirement) and basically also the greater good of our residents because what we’re doing is preventing people from losing services by allowing these cables to take place,” Merritt said, noting as well that the situation is temporary.
Community services director Doug Wagstaff said the wording is “common language” that the Town has used in other bylaws covering things like short-term road or sidewalk closures.
"I think this is a very common sense approach to this bylaw and I think it’s very well done and I appreciate (it), because unfortunately there are certain grey areas that we do have to apply in some of our bylaws,” Coun. Wanda Blatz said.
“I know we like to keep them as black and white as possible, but I really like this approach. And kudos to you and your staff for putting this together.”
A motion bring the proposed change in the bylaw to the Feb. 14 council meeting was passed unanimously.
