Nearly half of Saskatoon's city councillors support the idea of making it legally permissible for kids 14 and under to ride their bikes on the city's sidewalks.

The five city councillors sitting on council's transportation committee — Bev Dubois, Zach Jeffries, Cynthia Block, Randy Donauer and Sarina Gersher — endorsed the clarification on Monday, as part of an ongoing review of Saskatoon's bike bylaw. The current bylaw has no such provision for youth.

But Councillor Block also raised an issue that she said underlined why winter cyclists of all ages ride on sidewalks instead of the street.

"They're cycling on the sidewalks because the residential streets were not passable," Block said. "The one safe area for them to be would be on the sidewalks because residents are keeping their sidewalks clean."

Or in the winter after it snows and the people of Saskatoon are lucky if they’re cleaned within a reasonable time... —@treytonzary

Block said she's noticed some cyclists "trying to manoeuvre through the ruts on the road."

"That's a concern in terms of trying to keep everyone safe," she said.

The 'due diligence' defence

Block asked city staff if cyclists would be ticketed under such circumstances.

Jay Magus, the city's director of transportation, said he expected police and community support officers would use "some common sense" in the case of a heavy snowfall.

City solicitor Derek Kowalski then expanded on that.

"It's difficult to work leniency into a bylaw because then you run into enforcement issues," Kowalski said. "If you were to try to insert some sort of exception for difficult-to-travel roadways ... there's all sorts of advantages that can be taken with that.

"What we sort of rely on is the common sense of the people who are issuing the tickets and they always have the discretion to decide whether or not it's an appropriate circumstance to issue that ticket."

Ticketed cyclists can also use a "due diligence" defence if it gets as far as court, Kowalski added.

"If somebody has done everything they can to avoid breaking the law but had to still break the law as a result, oftentimes they are not convicted."

Next steps for bylaw review

Committee members merely voted to recommend the flexible sidewalk riding rule for youth to city council.

That change, and others previously endorsed by city councillors, still need to be approved in full by city council proper at a later date.