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Bylaw 09/2017 Town of Cochrane/Page 1 of 5
TOWN OF COCHRANE
Bylaw 09/2017
Being a bylaw of the Town of Cochrane in the Province of Alberta, Canada for the
purpose of regulating smoking within the Town of Cochrane, specifically with
respect to Public Sports Fields and Recreation Centres.
WHEREAS:
The Municipal Government Act, Statutes of Alberta, 2000 C.M.-
26 and amendments thereto provides that a Municipal Council
may pass a bylaw for purposes respecting the safety, health and
welfare of people and the protection of people and property;
and further for the purposes respecting people, activities and
things in, on or near a public place or place that is open to the
public;
WHEREAS:
It has been determined that second-hand tobacco smoke is a
health hazard or discomfort for many inhabitants of the Town of
Cochrane;
WHEREAS:
The community desires an environment where the exposure to
environmental smoke is the exception as opposed to the norm;
WHEREAS:
Council intends to prohibit smoking near all Public Sports Fields
and Recreation Centres;
NOW THEREFORE: Council of the Town of Cochrane, duly assembled, enacts as
follows:
1.
This Bylaw may be cited as "The Smoking Bylaw".
Definitions
2.
In this Bylaw,
a) "Electronic smoking device" means an electronic device that can be used
to deliver nicotine or other substances to the person inhaling from the
device, including but not limited to an electronic cigarette, cigar, cigarillo
or pipe.
b) "officer" means a person appointed as a Bylaw Enforcement Officer
pursuant to the Municipal Government Act, or a Royal Canadian Mounted
Police Officer.
Bylaw 09/2017 Town of Cochrane/Page 2 of 5
c) "outdoor Pool" means a structure that contains water which is designed
and intended for recreational use, and includes a spray park or a wading
pool.
d) "outdoor skating rink" means an outdoor ice surface that is designed for
recreational skating, playing hockey or other outdoor ice activities.
e) "playground" means an outdoor area upon which apparatus such as
swings and slides are placed.
f) "public premises" means any place to which the public may have either
express or implied access for the purpose of worship, entertainment,
recreation, business, amusement, education, transportation, consumption
of food or drink, or for the provision and receipt of services.
g) "public vehicle" means a bus, taxi or other vehicle that is used to
transport members of the public for a fee.
h) "sports field" means an outdoor area which is set apart and used for the
playing of sporting activities.
Prohibitions
3.
(1)
No person shall:
(a)
carry or possess a lit cigarette, cigar or pipe, or burn tobacco in
any manner; or
(b)
use an electronic smoking device;
in public premises or a public vehicle.
(2)
No person shall:
(a)
carry or possess a lit cigarette, cigar or pipe, or burn tobacco in
any manner; or
(b)
use any electronic smoking device;
in, on or within 5 metres of a:
(i)
outdoor pool;
(ii)
outdoor skating rink;
(iii)
playground; or
(iv)
sports field;
to which the public has access as of right or by express or implied
invitation.
(3)
No person shall:
Bylaw 09/2017 Town of Cochrane/Page 3 of 5
(a)
carry or possess a lit cigarette, cigar or pipe, or burn tobacco in
any manner; or
(b)
use an electronic smoking device;
within 5 metres of an entrance or exit to a public premise.
(4)
No person shall permit ashtrays or objects intended to be a receptacle
for a cigarette butt to be placed in areas where smoking is prohibited
by this Bylaw.
RES 76/04/2023 14/2023
3.1
(1)
Despite any other provisions of this Bylaw, a person may, inside an
enclosed premises where the primary function of the premises is the
sale of electronic smoking devices, use an electronic smoking device to
sample a product prior to purchase.
Penalties
4.
(1)
Any person who contravenes any provision of this Bylaw is guilty of an
offence and on summary conviction is liable to a fine of not more than
$10,000.00.
(2)
Where an Officer believes that a person has contravened any
provisions of this bylaw, the officer may commence proceedings
against the person by issuing a violation ticket pursuant to the
Provincial Offences Procedures Act.
(3)
The specified penalty payable in respect of a violation of a provision of
this Bylaw shall be the amount shown as the specified penalty in
Schedule "A" of this Bylaw.
Bylaw 09/2017 Town of Cochrane/Page 4 of 5
General Provisions
5.
(1)
Each provision of this Bylaw is independent of all other provisions, and
if any provision of this Bylaw is declared invalid for any reason by a
Court of competent jurisdiction, all other provisions of this Bylaw shall
remain valid and enforceable.
(2)
The attached Schedule "A" shall form part of this Bylaw.
(3)
This Bylaw repeals Bylaw 17/2006
This Bylaw shall come into full force and effect upon the date of third and final
reading.
Read a first time February 13, 2017
Read a second time February 27, 2017
Read a third time February 27, 2017
________________________
Mayor
________________________
Manager, Legislative Services
Bylaw 09/2017 Town of Cochrane/Page 5 of 5
Schedule A
Section
Specified
Penalty
3(1)
Carrying or possessing a lit cigarette, cigar or pipe
or using an electronic smoking device
$100
3(2)
Carrying or possessing a lit cigarette, cigar or pipe
or using an electronic smoking device in, on or
within 5 metres of an outdoor pool, outdoor
skating rink, playground or sports field.
$100
3(3)
Carrying or possessing a lit cigarette, cigar or pipe
or using an electronic smoking device within 5
metres of an entrance or exit to a public premises
$100
3(4)
Placing ash trays
$200
3(5)
Carrying or possessing a lit cigarette, cigar or pipe
or using an electronic smoking device on public
recreation facility property.
$100