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BYLAW NO. 3345/2005
Being a bylaw of the City of Red Deer in the Province of Alberta respecting
smoke free public places and workplaces.
WHEREAS the Council of The City of Red Deer has the authority to 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;
c) businesses, business activities and persons engaged in business;
AND WHEREAS it has been determined that second hand smoke (exhaled
smoke and the smoke from idling cigarettes, cigars and pipes) is a health hazard
or discomfort for many persons.
1AND WHEREAS Council deems it expedient and appropriate to limit the effects
of second hand smoke for residents of and visitors to the City of Red Deer.
2AND WHEREAS Council deems it appropriate to limit the exposure that children
and youth have to smoking in public places.
3AND WHEREAS the Province of Alberta has enacted An Act to Control and
Regulate Cannabis, S.A. 2017, c. 21, which will place restrictions on the smoking
or vaping of cannabis in public places;
AND WHEREAS Council deems it necessary to impose additional restrictions on
the smoking, vaping and other forms of consumption of cannabis in public places
to prevent behaviours and conduct that may have a negative impact on the
enjoyment of public places;
COUNCIL OF THE CITY OF RED DEER ENACTS AS FOLLOWS:
Short Title
1.
This bylaw may be cited as the "Smoke Free Bylaw."
Definitions
2.
In this Bylaw, the following terms shall have the meanings shown:
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(a)
1"Bingo Establishment" means any premises for which the Province
of Alberta has issued a bingo license under the Gaming and Liquor
Act.
(b)
2"Cannabis" means cannabis plant, fresh cannabis, dried cannabis,
cannabis oil and cannabis plant seeds and any other substance
defined as cannabis in the Cannabis Act (Canada) and its
regulations, as amended from time to time.
(c)
"Casino" means any premises for which the Province of Alberta has
issued a casino license under the Gaming and Liquor Act.
(d)
"City" means the City of Red Deer.
(e)
"Drinking Establishment " means a business the primary purpose of
which is the sale of alcoholic beverages for consumption on the
premises and the secondary purposes of which may include
entertainment, dancing, music, the preparation and sale of food for
consumption on the premises, take-out food services and the sale
of alcoholic beverages for consumption away from the premises.
(f)
"Grandstand" means an open air seating facility primarily but not
exclusively limited to use in watching sporting events.
(g)
"Offence Ticket" means a municipal ticket issued by the City
allowing for the voluntary payment of a specified fine established by
this Bylaw.
(h)
3"Outdoor Public Event" means an outdoor market, festival, concert
or parade requiring a City of Red Deer Special Event or Use of
Streets Permit, and to which the public is invited or permitted to
attend.
(i)
"Patio" means an outdoor area also known as a deck, terrace or
rooftop, whether enclosed or not, that is open to the public or to
which the public is customarily admitted or invited that is operated
as part of a Restaurant or Drinking Establishment, but does not
include an outdoor area or structure made available by a
Restaurant or Drinking Establishment if:
(i)
there is no seating of any kind provided in the area or
on the structure,
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(ii)
there is no service of any kind provided in the area or
on the structure; and
(iii)
there is no food or drink permitted in the area or on the
structure at any time.
(j)
1"Playground" means a structure or collection of structures
designated and intended for recreational use by children and,
where mounted in a distinct material such as sand, gravel, or wood
chips, includes the material in which those structures are mounted.
(k)
"Private Club" means an enclosed place or premises that operates
primarily for the benefit and pleasure of the members of a non-profit
corporation, service club or branch of the Royal Canadian Legion.
(l)
2"Private Living Accommodation" means an area of a building used
as a residence and includes a hotel or motel room while it is
occupied by a guest.
(m)
"Proprietor" means the owner, operator, manager or any other
person in charge or in control of a place or premises and includes:
(i) a person who is in charge of the place or premises at any
particular time;
(ii)
the owner or driver of a taxi-cab;
(iii)
the owner or driver of a public bus or other form of public
transportation;
(iv)
the owner or driver of a school bus; and
(v)
the Board of Trustees of a school, college or hospital.
(n)
"Public Building" means an enclosed or substantially enclosed
building or structure to which the public is customarily admitted or
invited. Without limiting the generality of the forgoing, public
building includes bus shelters.
(o)
3"Public Place" means any place to which the public has access as
of right or by invitation, express or implied.
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(p)
"Public Transportation Vehicle" means any vehicle used for the
transportation of people upon the payment of a fee.
(q)
"Restaurant" means an enclosed place or premises the primary
purpose of which is the preparation and sale of food for
consumption on the premises, and the secondary purpose of which
may include the sale of alcohol or non alcohol beverages, take out
food services and catering. A Restaurant does not include a
Drinking Establishment but does include any premises in respect of
which a "Class A" Liquor License has been issued and where
minors are not prohibited by the terms of the license.
(r)
"Sidewalk Café" means an outdoor area, located on a public
sidewalk, to which the public is invited or permitted access and
which abuts and is operated as part of a Restaurant.
(s)
1"Seasonal Skating Rink" means an outdoor ice surface on which
members of the public are permitted to skate, whether on payment
of any fee or not, and includes public lakes, ponds, and outdoor
rinks with boards or other ice support infrastructure.
(t)
2"Skate Park" means an area designated and intended specifically
for the use of skateboards, in-line skates, or similar devices.
(u)
3"Sports Field" means an outdoor area designed and intended for
use in a specific sporting event and includes soccer fields, baseball
diamonds, tennis courts, and similar areas but does not include golf
courses.
(v)
4"Smoke" or "Smoking" means to inhale from, exhale, burn, hold or
have control over:
(i)
a cigarette, cigar, pipe, cigarillo other form of lit Tobacco or
Cannabis; or
(ii)
hooka pipe, electronic smoking device, or other similar
device that is producing vapour, emissions or aerosol from
Tobacco or Cannabis
(w)
5"Tobacco" means a product composed in whole or in part of
tobacco, including tobacco leaves and any extract of tobacco
leaves.
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(x)
1"Toboggan Hill" means an outdoor area signed or used as a
toboggan site.
(y)
"Violation Ticket" means a violation ticket as defined in the
Provincial Offences Procedure Act
(z)
2"Water Spray Park" means a structure or collection of structures
that spray or release water which is designed and intended for
recreation use.
(aa)
3"Work Place" means all or any part of a building, structure or other
enclosed area in which employees perform the duties of their
employment, whether or not members of the public have access to
the building, structure or area as of right or by express or implied
invitation, and includes reception areas, corridors, lobbies,
stairwells, elevators, escalators, eating areas, washrooms, lounges,
storage areas, laundry rooms, enclosed parking garages and work
vehicles.
Purpose
2.14
The purpose of this bylaw is to regulate smoking in public places in order
to promote the safe, enjoyable and reasonable use of such property for
the benefit of all citizens.
Regulation of Smoking
3.
5Except as permitted in Section 4, no person shall Smoke or otherwise
consume Cannabis in any Public Place.
4.
6A person who is entitled to possess Cannabis pursuant to a medical
document under the Access to Cannabis for Medical Purposes
Regulations is not subject to this Section 3 but must comply with the
regulations in this bylaw governing the Smoking of Tobacco and other
substances when Smoking Cannabis.
5.
7No person shall Smoke Tobacco or any other weed or substance in any
indoor place to which the public is ordinarily invited or permitted to attend
or in any of the following places:
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Bingo Establishment
Casino
Drinking Establishment
Grandstand
Outdoor Public Event
Patio
Private Club
Public Building
Public Transportation Vehicle
Restaurant
Sidewalk Cafe
Work Place
5.11
For greater certainty, no designated smoking area as described in Section
5 of the Tobacco Reduction Act, SA 2005, CH. T-3.8 is permitted in any of
the places listed in Section 52 of this bylaw.
5.2 3
Notwithstanding anything contained in this bylaw, the prohibitions set out
in Section 54 do not apply to any Private Living Accommodation.
5.3 5
No person shall Smoke Tobacco or any other weed or substance within
ten metres of a Playground, 'Seasonal Skating Rink, Skate Park, Sports
Field, Water Spray Park or Toboggan Hill.
6.
(1)
No Proprietor of a place where smoking is prohibited by Section 56
shall permit smoking in that place.
(2)
A Proprietor who takes the following steps or ensures that the
following steps are taken shall be deemed to have complied with
the obligation described in Section 64(1)7:
(a)8
advise a smoker that smoking is not allowed and request the
smoker to put out any lit substance;
(b)
ask any smoker who refuses to comply with such a request
to leave the premises;
(c)
refuse to provide any further service to such person; and
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(d)1
immediately report to the RCMP any smoker who refuses to
put out any lit substance or refuses to leave the premises
when requested to do so.
7.
No Proprietor of a place where smoking is prohibited by this bylaw shall
permit ashtrays to be placed or to remain in that place.
7.12
Nothing in this bylaw affects the rights of people respecting traditional
spiritual practices or ceremonies.
Signs required
8.
(1)
Every Proprietor of a place or premises mentioned in Section 53
shall ensure that signs prohibiting smoking are posted in proximity
to all of the public entrances to such place. Such signs shall be in
general conformity with the form specified in Schedule "A".
(2)
Where there is no public entrance to a place or premises
mentioned in Section 54, signs prohibiting smoking shall be posted
in a prominent location on or near the premises in such manner as
to be readily visible to any member of the public using such place
or premises.
9.
No person shall remove, alter, conceal, deface or destroy any sign posted
pursuant to this bylaw.
Inspections
10.
(1)
For the purpose of determining if the provisions of this Bylaw are
being complied with, a City Bylaw Enforcement Officer or a member
of the RCMP is a designated officer for the purposes of section 542
of the Municipal Government Act of Alberta and may inspect such
places or premises at all reasonable times.
(2)
5A person referred to in Section 4 of this bylaw must, on demand of
a City Bylaw Enforcement Officer or a member of the RCMP,
produce a copy of the person's medical document.
Enforcement
11.
6Any person who contravenes a provision of this Bylaw is guilty of an
offence and is liable upon conviction:
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a) for a first offence, to a fine of $200.00
b) for a second offence, to a fine of $500.00; and
c) for a third or subsequent office, to a fine of not less than $500.00 and
not more than $2,500.00
12.
An individual who is convicted of an offence shall also be liable, in default
of payment of any fine, to imprisonment for up to six months
13.
Each day that an offence continues shall constitute a separate offence.
14.
1Where a Bylaw Enforcement Officer or a member of the RCMP has
reason to believe that a person has contravened any provision of this
Bylaw, he or she may serve upon such person:
a) an Offence Ticket allowing payment to the City of the specified fine set
out in Section 11 (a) and (b), which payment shall be accepted by the
City in lieu of prosecution for the offence; or
b) for a first offence or second offence, a Violation Ticket requiring a
person to appear in Court with the alternative of making a voluntary
payment; or
c) for a third or subsequent offence, a Violation Ticket requiring a person
to appear in Court without the alternative of making a voluntary
payment
15.
If a Violation Ticket containing a specified penalty is issued to a person for
a breach of this bylaw, the person may make a voluntary payment equal to
the specified fine by delivering the Violation Ticket and the specified fine to
the Provincial Court Office specified on the Violation Ticket within the
required time. In that event, the voluntary payment will be accepted as a
guilty plea and no court appearance is required.
Severability
16.
Should any provision of this bylaw be found to be invalid it is the intention
of Council for the City that such invalid portion be severed and that the
remainder of the bylaw be given full force and effect.
Effective Date
17.
This bylaw shall come into effect on June 1, 2006 and Bylaw 3286/2001,
The Smoking Bylaw, is repealed as of June 1, 2006.
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18.
1Section 3 of this bylaw shall come into effect on the day the Cannabis Act
comes into force.
READ A FIRST TIME IN OPEN COUNCIL this
24th
day of May
2005.
READ A SECOND TIME IN OPEN COUNCIL this 24th
day of May
2005.
READ A THIRD TIME IN OPEN COUNCIL this
20th
day of June
2005.
AND SIGNED BY THE MAYOR AND CITY CLERK this 20th day of June
2005.
"Morris Flewwelling"
"Kelly Kloss"
__________________________
__________________________
MAYOR
CITY CLERK
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SCHEDULE "A"
NO SMOKING
THE CITY OF RED DEER