Moves to keep bicycles off sidewalks have been in the works for months, but they are too late for a Toronto pedestrian who died this week after being hit by a cyclist.

Nobu Okamoto, 74, was struck by a 33-year-old cyclist on Finch Ave. W. near Sentinel Rd. on Aug. 4. The cyclist remained at the scene and was fined, police said. The fine for cycling on the sidewalk in North York is $3.75.

Had the accident occurred downtown, the ticket would have been $90 as bylaws still differ across the city more than 10 years after amalgamation.

“It’s an anomaly that’s been allowed to fester . . . it doesn’t make sense,” said Brian Patterson, president of the Ontario Safety League. “We have to have a working set of regulations that are consistent and fair.”

Patterson said cycling on the sidewalk has become “a huge issue” in cities across the province within the last five years. But the laws governing it are inconsistent and moves to update them have been slow.

“There isn’t enough teeth in the law,” said Sgt. Angelo Costa, the traffic sergeant in 31 Division where the incident occurred. “All I can do is stop a cyclist, he has to identify himself to me and I can give him a ticket. There isn’t anything else . . . that’s going to change his behaviour.”

In January, Toronto’s public works committee recommended that council work on a strategy to get cyclists off the sidewalks.

The police services board then discussed the issue in July and sent a report on harmonizing and enforcing sidewalk cycling bylaws back to the committee.

That report’s findings will be discussed in November, said committee chair Denzil Minnan-Wong.

“We’re dealing with a number of cycling issues at the November public works committee meeting,” he said, adding that raising fine amounts alone isn’t a solution.

“You can put a fine at whatever you like, but if there’s not an enforcement strategy there’s no real or effective deterrent,” he said.

Cities such as Vancouver, Montreal and London have banned cycling on sidewalks altogether, unless signed otherwise.

The officer at the scene on Aug. 4 didn’t feel a careless driving charge was warranted, Costa said. But detectives are now investigating the incident and additional charges may be laid.

That doesn’t change the inadequacy of current cycling laws, though.

“It’s unfortunate that somebody has to pay the ultimate price before any legislative changes,” Costa said.

Bicycles are subject to some municipal bylaws, but are also considered vehicles under the Highway Traffic Act.

Motorists and cyclists are treated equally under the act, but its highest charge is careless driving, which carries a fine of $400 to $2,000, and up to six months in jail.

Cyclists cannot be charged with dangerous driving under the Criminal Code — that offence only covers motorized vehicles.

“We really ought to consider whether the (Highway Traffic Act) is stringent enough on penalties for carelessness, and that goes for cyclists and drivers,” said Toronto Cyclists Union advocacy director Andrea Garcia.

She said she supports increasing fines for sidewalk cycling, but only if they are accompanied by measures to make roads safer for cyclists, such as more bike lanes.

“A lot of cyclists will tell you that they feel extremely unsafe on the road and therefore they choose to bike on the sidewalk,” she said. “That ends up creating a second set of problems.”

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The laws have also failed to keep up with new technology. In Toronto, bicycles with a wheel diameter of less than 61 centimetres are allowed on sidewalks. That restriction exists so children can ride there.

But electric bikes are governed by the same rules as regular bikes, so those with smaller wheels are allowed on sidewalks. Some are even marketed as “sidewalk-compliant.”

“Those things will get up to speeds of 30 to 40 km/h,” Costa said. “Legislation looks at that and says it’s a bicycle, as long as it has those pedals. But if the guy’s on electric power and he’s moving along . . . God forbid he hits a small child.”