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VILLAGE
OF CARBON
2018-814
SMOKING
AND VAPING
BEING A BYLAW
OF THE VILLAGE
OF CARBON
IN THE PROVINCE
OF ALBERTA
TO
REGULATE
SMOKING
AND VAPING
WHEREAS
the health risks associated
with secondary
tobacco smoke are well established;
AND WHEREAS
the smoke or vapour produced
by the smoking or vaping of tobacco, cannabis
and other substances
in public premises
is a nuisance
for persons in those premises;
AND WHEREAS
Council considers
it expedient
and desirable
for the health, safety and welfare
of the inhabitants
to regulate smoking and vaping of tobacco, cannabis
and other substances
in
the Village of Carbon;
NOW, THEREFORE,
THE COUNCIL
OF THE VILLAGE
OF CARBON
ENACTS
AS
FOLLOWS:
SHORT TITLE
1.
This Bylaw may be cited as the "Smoking
and Vaping Bylaw"
DEFINITIONS
AND INTERPRET
ATION
2.
(1) In this Bylaw:
a. "business"
means carrying on a commercial
or industrial
undertaking
of any kind or
nature or the provision of a professional,
personal or other service and includes any
activity carried on by an educational
institution,
municipality,
or charitable
organization;
b.
"cannabis"
has the meaning given to that term in the federal Cannabis
Act (Bill C-45,
An act respecting
cannabis
and to amend the Controlled
Drugs and Substances
Act,
the Criminal
Code and otherActs,
Ist Sess, 42nd Parl, 2017);
jP
c.
'Village"
means the Village
of Carbon,
a municipal
corporation
in the province
of
Alberta,
or the area contained
within the boundaries
of the Village of Carbon, as the
context
may require;
a.
"electronic
smoking
device"
means an electronic
device that can be used to deliver
a vapour, emission
or aerosol to the person inhaling
form the device,
including
but not limited to an electronic
cigarette,
cigar, cigarillo
or pipe;
d.
"employer"
includes
any person who as the owner, proprietor,
manager,
superintendent
or overseer
of any activity, business,
work, trade, occupation
or
profession,
has control over or direction
of, or is directly
or indirectly
responsible
for
the employment
of a person therein;
e.
"officer"
means a Bylaw Enforcement
appointed
pursuant
to Bylaw 01-05, a Peace
Officer
appointed
pursuant
to the Peace Officer
Act, S.A. 2006, c. P-3.5.
f.
"operator"
includes
the person responsible
for the day to day operations
of a public
premises
and a proprietor
of a public premises;
g.
"outdoor
skating rink" means an outdoor
ice surface
that is designed
for recreational
skating or playing hockey;
h.
"playground"
means an outdoor
area upon which apparatus
such as swings and
slides are place;
i.
"proprietor"
means,
where applicable:
i.
The person who ultimately
controls,
governs
or directs the activity carried
on within any premises
referred
to in this Bylaw and includes
the person
usually in charge
thereof;
A board of trustees
elected
pursuant
to the provisions
of the School Act
R.S.A. 2000, c S-3;
j.
"public
premises"
means all or any part of a building,
structure
or other enclosed
area to which members
of the public have access as of right or by express
or implied
invitation;
k.
"public
vehicle'
means a bus, taxi or other vehicle
that is used to transport
members
of the public for a fee;
I.
"skate
park" means
an outdoor
area which is designed
and intended
specifically
for
the use of skateboards,
in-line skates, or other similar
devices;
m.
"smoke"
or "smoking"
means:
Inhaling
or exhaling
the smoke produced
by burning
tobacco
or cannabis;
or
Holding
or otherwise
having control of any device or thing containing
lit
tobacco
or cannabis;
n.
"sports
field" means an outdoor
area which is set apart and used for the playing of
sporting
activities;
o.
"tobacco"
means a product
composed
in whole or in part of tobacco,
including
tobacco
leaves and any extract of tobacco
leaves, but does not include any product
for use in nicotine
replacement
therapy;
p.
"vape"
Or "vaping",
means:
Inhaling
or exhaling
the vapour,
emissions
or aerosol
produced
by an
electronic
smoking
device or similar
device containing
tobacco,
cannabis
or any other substance,
or
Holding
or otherwise
having control of an electronic
smoking
device that
is producing
vapour, emissions
or aerosol
from tobacco,
cannabis
or any
other sub stance'.
q.
"workplace"
includes
the whole or any part of a building,
structure,
vehicle
or
passenger
conveyance
in which a business
is carried on but excludes:
any part which constitutes
public premises,
and
private residences.
(2)
all schedules
attached
to this Bylaw form part of this Bylaw.
(3)
Headings
or sub-headings
are inserted
for ease of reference
and guidance
purposes
only and do not form part of this Bylaw.
(4)
Where
this Bylaw cites or refers to any act, regulation,
code or other bylaw, the
citation or reference
is to the act, regulation,
code or other bylaw as amended,
whether
amended
before or after the commencement
of this Bylaw, and includes
reference
to any
act, regulation,
code or other bylaw that may be substituted
in its place.
(5)
Each provision
of this Bylaw is independent
of all other provisions
and if any
provision
is declared
invalid for any reason by a court or competent
jurisdiction,
all other
provisions
of this Bylaw remain valid and enforceable.
(6)
Nothing
in this Bylaw relieves
a person from complying
with any provision
of any
federal, provincial
or municipal
law or regulation
or any requirement
of any lawful permit,
order or license.
PROHIBIITION
3.
A person must not smoke or vape:
a.
In public premises,
a workplace
or a public vehicle;
b.
In, on or within 5 meters of a:
outdoor
skating rink;
playground;
skate park;
sports field;
to which the public has access as of right or by express
or implied invitation;
c.
within 5 meters of an entrance
or exit to a public premise.
EXCEPTIONS
4.
(1 )
Despite
any other provision
of this Bylaw a person may, inside an enclosed
premise
where the primary
function
of the premises
is the sale of electronic
smoking
devices,
use an electronic
smoking
device to sample a product,
other than tobacco
or
cannabis,
prior to purchase.
(2)
Section
4 does not apply to an employer,
operator
or proprietor
who allows a
person to use an electronic
smoking
device to sample
a product,
other than tobacco
or
cannabis,
prior to purchase
inside an enclosed
premise
where the primary
function
of
the premises
is the sale of electronic
smoking
devices.
(3)
Despite
any other provision
of this Bylaw a person may smoke or vape tobacco
in a location
designated
as a smoking
room pursuant
to section 5 of the Tobacco
and
Smoking
Reduction
Act, S.A. 2005, c. T-3.8.
OFFENSES
5.
Any person who contravenes
any provision
of this Bylaw by doing any act or thing which
the person is prohibited
from doing, or by failing to do any act or thing the person is
required
to do, is guilty of an offense
pursuant
to this Bylaw.
ENFORCEMENT
6.
(1)
Where an officer believes that a person has contravened
any provision of this
Bylaw, the officer may commence
proceedings
against the person by issuing a violation
ticket in accordance
with the Provincial
Offences
Procedure
Act, R.S.A> 2000, c P-34.
(2)
This section shall not prevent an officer from issuing a violation ticket requiring a
court appearance
of the defendant
pursuant
to the Provincial
Offences
Procedures
Act
or from laying an information
instead of issuing a violation ticket.
PENALTY
7.
(1)
WherethereisaspecifiedpenaltylistedforanoffenceinScheduleAtothis
Bylaw, that amount is the specified penalty for the offence.
(2)
Where there is a minimum penalty listed for an offence in Schedule
A to this
Bylaw, that amount is the minimum penalty for the offence.
(3)
In this section, "specified
penalty" means an amount that can be paid by a
person who is issued a violation ticket and is authorized
to make a voluntary
payment
without a court appearance.
This Bylaw comes into force on the day it is passed.
READ A FIRST TIME THIS 19 DAY OF NOVEMBER, 2018.
READ A SECOND TIME THIS 17 DAY OF DECEMBER, 2018.
READ A THIRD TIME AND PASSED THIS 17 DAY OF DECEMBER, 2018.
Mayor
Bryan Peever
J//
CAO Vanessa Van der Meer
SCHEDULE
"A"
PENALTIES
Section
Description
of
Offence
' Minimum
Penalty
' Specified
Penalty
3
Smoke
or vape were
prohibited
$50
$100
t