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Bylaw No. 754-2010
PAGE 1
A BYLAW OF THE CITY OF LEDUC, IN THE PROVINCE OF ALBERTA, TO
PROTECT MINORS FROM THE HARMFUL EFFECTS OF SECOND-HAND
TOBACCO SMOKE IN PRIVATE VEHICLES
WHEREAS, pursuant to section 7(a) of the Municipal Government Act, R.S.A. 2000, c.
M-26, as amended or repealed and replaced from time to time, a Council may pass
bylaws for municipal purposes respecting the safety, health and welfare of people and
the protection of people and property;
AND WHEREAS, pursuant to section 10(2) of the Tobacco Reduction Act, S.A. 2005, c.
T-3.8, as amended or repealed and replaced from time to time, any conflict between the
Tobacco Reduction Act and a provision of a municipal bylaw that regulates, restricts or
prohibits smoking, shall be resolved in favour of the more restrictive provision;
NOW THEREFORE the Council of the City of Leduc in the Province of Alberta, duly
assembled, enacts as follows:
BYLAW TITLE
1 This Bylaw shall be known as the "Smoke-free Vehicles for Minors Bylaw".
DEFINITIONS
2 In this Bylaw, unless the context otherwise requires:
(a)
"Minor" means a person who is under 18 years of age;
(b)
"Peace Officer" means a bylaw enforcement officer appointed by the
City of Leduc, a member of the Royal Canadian Mounted Police and,
when authorized, a Community Peace Officer appointed under the Peace
Officer Act, S.A. 2006, c. P-3.5, as amended or repealed and replaced
from time to time;
(c)
"Private Vehicle" means a car, truck, van, bus or other passenger motor
vehicle having four wheels, but does not include a "public vehicle" or
"work vehicle" as those terms are defined in the Tobacco Reduction Act;
(d)
"Smoke" means to smoke, hold or otherwise have control over a lit
Tobacco Product;
(e)
"Tobacco Product" 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;
(f)
"Violation Ticket" has the same meaning as in the Provincial Offences
Procedure Act, R.S.A. 2000, c. P-34, as amended or repealed and
replaced from time to time.
Bylaw No. 754-2010
PAGE 2
PROHIBITION
3 No person shall Smoke in a Private Vehicle while another person who is a Minor
is present in the Private Vehicle regardless of whether or not any window,
sunroof, car-top, door or other feature of the Private Vehicle is open, or whether
the Private Vehicle is moving or stationary.
ENFORCEMENT
4 A Peace Officer may issue a Violation Ticket pursuant to Part 2 of the Provincial
Offences Procedure Act to any person who the Peace Officer has reasonable
and probable grounds to believe has contravened section 3 of this Bylaw.
5 If a Violation Ticket is issued in respect of an offence, the Violation Ticket may:
(a)
specify the fine amount established by this Bylaw for the offence; or
(b)
require a person to appear in court without the alternative of making a
voluntary payment if the Peace Officer believes that such appearance is
in the public interest.
SPECIFIED PENALTY
6 The specified penalty established for use on a Violation Ticket if a voluntary
payment option is offered is:
(a)
$100.00 for a first offence; and
(b)
$200.00 for a second or subsequent offence.
VOLUNTARY PAYMENT
7 If a Violation Ticket is issued with a specified penalty a person who commits an
offence may make a voluntary payment by submitting to a Clerk of the Provincial
Court, on or before the initial appearance date indicated on the Violation Ticket,
the specified penalty set out on the Violation Ticket.
SEVERABILITY
8 Every 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.
Bylaw No. 754-2010
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ENACTMENT
9 This Bylaw shall come into force and effect on July 2, 2011 and is duly signed.
READ A FIRST TIME IN COUNCIL THIS 8th DAY OF NOVEMBER, 2010.
READ A SECOND TIME AS AMENDED IN COUNCIL THIS 13th DAY OF
DECEMBER, 2010.
READ A THIRD TIME AS AMENDED IN COUNCIL AND FINALLY PASSED
THIS 13th DAY OF DECEMBER, 2010.
"original signed"
_____________________________
Greg Krischke
MAYOR
"original signed"
_____________________________
Laura Knoblock
CITY CLERK
December 14, 2010
_______________________________
Date Signed