Consumption of Cannabis in Public Places Bylaw No. 362 — full text

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BY LAW # 362 VILLAGE OF MORRIN A BY-LAW OF THE VILLAGE OF MORRIN , IN THE PROVINCE OF ALBERTA, TO RESTRICT THE CONSUMPTION OF CANNABIS IN PUBLIC PLACES. WHERE AS: the House of Commons has given three readings to the Cannabis Act (Bill C-a5) An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and otherActs, 1, Sess,42 Parl,2Ot7) which will permit personsto possess Cannabis if purchased from an authorized person, AN WHEREAS:the Province of Alberta has enacted An Actto Controland Regulate Cannabis; 5.A.2017, c.21 which will place restrictions on the smoking or vaping of cannabis ln public places; ANS WHEREAS: PURSUANT TO SECTION 7 OF THE Municipal government Act, RSA. 2000, M-26, Council may pass bylaws respecting: (a) The safety, health and welfare of people and the protection of people and property; (b) People, activities and things in, on or near a public place or place that is open to the Public; and (c) The enforcement of bylaws made under the Municipal Government Act or any other enactmenU AND WHEREAS: Council deem it necessary to impose additional restrictions on the smoking, Vaping and other forms of consumption of cannabis in public places to prevent behaviors and Conduct that may have a negative impact on the enjoyment of public places; NOW THEREFORE: THE COUNCTL OF THE VILLAGE OF MORRIN ENACTS AS FOLLOWS: SHORT TITLE: 1,. This By Law may be cited as the "Cannabis Consumption By Law" DEFI NITIONS AND INTERPRETATION 2. (1) ln this By Law: (a) " cannabis" has the meaning given to it in the Cannabis Act: (b) " Cannabis Act" means C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts 1Sess, }Parl, 2OL7; (c) (d) "Chief Administrative Officer" means the person appointed by Village Council as its Chief Administrative Officer or that perso's designate; "electronic smoking device" means an electronic device that can be used to deliver a vapor, emission or aerosol to the person inhaling from the device, including but not limited to an electronic cigarette, cigar, cigarillo or pipe. "Peace Officer" means: A Police Officer A person appointed as a Peace Officer pursuant to the Peace Officer Act SA 2006, P-35 or a persoh appointed as a By Law Enforcement officer pursuant to the Municipal Government Act, RSA 2000, M-26 and amendments thereto "Public Place" includes any place to which the public has access as of Right or by invitation, express or implied. (e) (f) (e) (h) (1) (ii ) (i ii) (2) (3) "smoke or smoking" means: lnhaling or exhaling the smogke produced by burning or heating cannabis; Holding or otherwise having control of any device or thing containing lit or Heated cannabis. "Vape" or vaping means: lnhaling or exhaling the vapor, emissions or aerosol produced by an Electronic smoking device or similar device containing cannabis, or Holding or otherwise having control of an electronic smoking device that is Producing vapor, emissions or aerosol from cannabis All schedules attached to this Bylaw form part of this Bylaw. Headings or sub-headings are inserted for ease of reference and guidance purposes Only and do not form part of this Bylaw. Where this Bylaw cites or refers to any act, regulation, code or other bylaw as amended, whether amended before or afterthe commencement of this Bylaw, and includes reference to any act, regulation, code or other bylaw that may be substituted in it's place. Each provision of this Bylaw is dependent of all other provisions and if any provision is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this Bylaw remain valid and enforceable. (4) (s) (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. PROHIBITION 3 A person may not smoke, vape or consume cannabis in any public place' MEDICAL CANNABIS A person who is entitled to possess cannabis pursuant to a medical document issued pursuant to the Access to Cannabis for Medical Purposes Regulations. SOR/2016-230 is not subject to this Bylaw. A person referred to in subsection (1) must, on demand of a Peace Officer, produce a copy of the person's medical document. DESI6NATED CAN NABIS AREA 4 Council may by resolution designate area located on Village-owned public places in which cannabis may be smoked, vaped or consumed. Council may by resolution designate public places in which this Bylaw does not apply. Despite section 3, a person may smoke, vape or consume cannabis in an area or public place designated by Council pursuant to section 4 Prior to designating an area or public place pursuant to this section, Council must hold a public hearing in respect of a proposed designated cannabis area in accordance with the requirements of the Municipal Government Act. A Peace Officer may temporarily suspend a designation pursuant to subsection (L) for up to 90 days if in the opinion of the Peace Officer the area has experienced significant safety or nuisance issues. The Chief Administrative Officer shall maintain a list of areas and public places designated to this section. The Chief Administrative Officer may publish the list on the Village's website. OFFENCES 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. Where a peace Officer believes that a person has contravened any provision of this Bylaw, the peace Officer may commence proceedings against the person by issuing a violation ticket in accordance with the Provincial Offences Act, R.S.A. 2000, c'P-34 as amended from time to time' This section shall not prevent a Peace Officer from issuing a violation ticket requiring a Court appearance ofthe defendant pursuant to the Provincial Offences Procedures Act or from laying an information instead of issuing a violation ticket' PENALTY 7. Where there is a specified penalty listed for an offence in Schedule A to this Bylaw That amount is the specified penalty for the offence. ln 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. COMING INTO FORCE Read a First time on the 19th day of Decemb er,2018. Read a Second time on the 19th day of December, 20t8. Read a Third and Final time on the Lgth day of Decemb er,2OL8. ^-*C/ cAo MAYOR Schedule "A" Offence ltt offence 2'o offence 3'o offence s. 3.Smoke, vape or' consume cannabis in any public place Sroo s200 $300