Spruce Grove, Alberta
· No. C-1053-18
· adopted 2018-10-09
· summary & facts
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original document ·
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unofficial consolidation, the official version is held by the municipal clerk.
Page 1 of 13
CITY OF SPRUCE GROVE
BYLAW C-1053-18
SMOKING BYLAW
Being a bylaw of the City of Spruce Grove in the Province of Alberta to regulate
Smoking in Public Places.
WHEREAS, the Municipal Government Act, RSA, 2000, cM-26 grants the
Municipal Council of the City of Spruce Grove the authority to pass bylaws respecting
the safety, health and welfare of people and the protection of people and property, and
WHEREAS, it has been determined that second hand tobacco smoke including
exhaled smoke and the smoke from idling tobacco products poses a health hazard or
causes physical discomfort to many persons,
NOW THEREFORE, the Municipal Council of the City of Spruce Grove, duly
assembled hereby enacts as follows:
1.
BYLAW TITLE
1.1
This bylaw is called the "Smoking Bylaw".
2.
DEFINITIONS
2.1
"Act" shall mean the Municipal Government Act, RSA 2000 cM-26.
2.2
"Athletic Field or Facility" means any indoor or outdoor playing surface or
structure owned by or operated by the City of Spruce Grove, and made
available to the public by a formal agreement, booking permit or drop in
spontaneous use. This includes:
(a) cycling facilities;
(b) skate parks;
(c)
courts used for volleyball, tennis, basketball, pickleball, etc.;
(d) fields used for soccer, football, baseball, rugby, disk sports, track and
field, cricket, lacrosse, etc.; and
(e) rinks, boarded and leisure ice surfaces.
UNCERTIFIED
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Bylaw C-1053-18
Page 2 of 13
2.3
"City" shall mean the City of Spruce Grove.
2.4
"City Facility" shall mean all buildings either owned, leased or rented by
the City of Spruce Grove which are used for the conduct of City business
or the provision of services to the public. It shall also mean any structure
or enclosure, including but not limited to a tent or baseball dugout,
bleacher seating either permanent or temporary erected by the City for
any purpose, any deck or patio either free standing or attached to a City
facility, and all City Vehicles whether owned, leased or rented.
2.5
"Deck" see Patio.
2.6
"Dog Park" or "Off Leash Park" means a definable space within a park that
is identified by signage as available for off leash dog activity. The space
may be enclosed by perimeter fencing, defined by park elements such as
topography, landscaping or pathways or a combination of elements to
separate the off leash area from nearby roadways. Design elements may
include shade trees, a dog water fountain, benches, dog waste dispenser
and covered trash receptacles.
2.7
"Electronic Smoking Device" means an electronic device that can be used
to deliver a vapour, emission or aerosol to the person inhaling from the
devices, including but not limited to an electronic cigarette, e-cigarette,
vapourizers and electronic nicotine delivery system.
2.8
"Electronic Cigarettes Retailer" means a fully enclosed premises where
the sole function of the premises is the sale of electronic cigarettes and
electronic cigarette products and for which a valid city business license
has been issued.
2.9
"Employee" means any full time, part time, contracted, or volunteer worker
whether or not they receive money for the work performed and whether or
not they are employed by the proprietor of the workplace.
2.10 "Employer" includes any person who as the owner, proprietor, manager,
superintendent or overseer of any activity, business, work, trade,
occupation, profession, has control over, or direction of, or is directly or
indirectly responsible for the employment of a person therein.
2.11 "Patio" means an outdoor area licensed for service or consumption of food
or beverages which:
(a) has no roof or awning; or
(b) if it has a roof or awning has a maximum of two walls.
UNCERTIFIED
ed b
combina
combin
roadways. D
roadways.
ntain, benches, d
tain, benches,
means an electro
means an electro
on or aerosol to t
on or aerosol to t
ot limited to an el
ot limited to an el
ronic nicotine de
onic nicotine de
rettes Retailer" m
ettes Retailer" m
on of the premis
on of the prem
igarette products
garette products
issued.
issued.
mployee" means a
mployee" means
whether or not the
whether or not th
not they are em
not they are em
2.10
2.10
"Employe
Employe
superin
superin
occu
occ
inin
2.1
2.1
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to a City
a City
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Bylaw C-1053-18
Page 3 of 13
(c)
if contiguous to a City Facility is considered a City Facility.
2.12 "Person" includes an individual, proprietorship, corporation or society.
2.13 "Picnic Site" means a place that may include one or more of the following:
picnic tables, fire pit, barbeque, shelter, or power, in an assigned area.
2.14 "Playground" means a structure or collection of structures designed 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.
2.15 "Private Club" or "Lodge" means a development used for the meeting,
social, or recreational activities of members of non-profit, philanthropic,
social service, athletic, or fraternal organizations to which access is
restricted to members or invited guests and to which the general public
does not have access.
2.16 "Private Function" means a specific social event for which an entire and
enclosed hall or room which is not a private residence has been reserved,
at which attendance is limited to people who have been specifically invited
or designated by the sponsor, and at which all the seating is under the
control of the sponsor of the event and not the proprietor of the hall or
room, but does not include events which are held primarily for the
purpose of business, sales or education.
2.17 "Private Residence" means accommodation providing sleeping quarters,
washrooms, and a kitchen intended for domestic use, and used or
intended to be used permanently or semi-permanently for a household.
2.18 "Proprietor" means the owner or his agent or representative of the
premises referred to in this bylaw, and includes any person in charge
thereof or anyone who controls, governs or directs the activity carried on
therein. For the purposes of this bylaw Proprietor shall also mean the
designated manager when the activity refers to a Private Club.
2.19 "Public Place" means all or any part of a building, structure or other
enclosed area to which the members of the public have access as of right
or by express or implied invitation and shall include but not limited to:
common areas of multi-unit residential facilities, licensed premises,
churches, areas used for worship, recreational and amusement areas,
hotels, restaurants, theaters, lecture halls, libraries, auditoriums, retail
stores. It does not include a Private Club or a place where a Private
Function is being held.
UNCERTIFIED
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dence" means ac
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to be used per
oprietor" means t
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premises referred
remises referred
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therein. Fo
designate
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2.19
2.19
"Pub
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Bylaw C-1053-18
Page 4 of 13
2.20 "Public Vehicle" means a bus, taxi, limousine or other vehicle used to
transport members of the public for a fee.
2.21 "Reception Area" means the public space used by an office or any
business establishment for the receiving of customers, clients, patients or
other persons dealing with such office or establishment. Reception Area
includes any service counter associated with the office or establishment.
2.22 "Restaurant" means any place of business where food or refreshments are
prepared to order and sold for human consumption on the premises or
take-out, and includes a lunch counter or cafeteria. For the purposes of
this bylaw Restaurant shall also include any contiguous outdoor patio.
2.23 "Retail Store" means any building, booth, stall, tent or place where goods
are exposed, auctioned or offered for sale to the public.
2.24 "Service Line" means a line of one (1) or more persons awaiting service of
any kind regardless of whether or not such services include the exchange
of money including but not limited to sales, provision of information, a
transaction, advice or the transfer of money or goods.
2.25 "Signs" means those signs detailed in Section 7 and Schedules 2 and 3 of
this bylaw.
2.26 "Smoke" or "Smoking" means the carrying or custody and control of a
lighted cigar, cigarette, pipe or lighted equipment for use to inhale vapours
or fumes and shall include electronic smoking and vaping devices.
2.27 "Smudging" means an aboriginal spiritual and cultural practice comprised
of a cleansing or sacred smoke bath, created from burning medicinal or
sacred plants that is used to purify the body, aura, energy,
ceremonial/ritual space or any other space and personal articles.
2.28 "Spray Park" means a structure or collection of structures that spray or
release water which is designed and intended for recreational use.
2.29 "Traditional Pipe Ceremony" means a cultural or religious ceremony
performed by Canada's Aboriginal Peoples involving the use of tobacco
products and is commonly held out of doors or in a separate and specific
aboriginal structure such as a tipi.
2.30 "Transit Property" means any premises owned, used or occupied by the
City of Spruce Grove for the purpose of providing transit services.
2.31 "Workplace" means all or any part of a building, structure or other
enclosed area in which employees perform the duties of their employment,
UNCERTIFIED
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such services
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detailed in Secti
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means th
arette, pipe or lig
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shall include el
ng" means an ab
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red plants that is
red plants that i
ceremonial/ritual
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8 "Spray Park
"Spray Park
release w
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2.29
2.29
"Tra
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Bylaw C-1053-18
Page 5 of 13
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.
2.32 "Work Vehicle" means a vehicle owned or leased by an employer and
used by employees during the course of their employment.
3.
APPLICATION
3.1
This bylaw applies within the City Limits of the City of Spruce Grove.
4.
PROHIBITIONS
4.1
Subject to the specific exemptions granted in this bylaw, Smoking is not
permitted in, on or within ten (10) meters of:
(a) any public place;
(b) any playground areas, or spray park;
(c)
dog park or designated "off leash area";
(d) picnic site;
(e) athletic field or facility;
(f)
any City Facility whether or not the activity is a private function;
(g) any public vehicle, whether carrying passengers or not;
(h) any transit property;
(i)
any workplace; and
(j)
any doorway, window or air intake of a building, Patio, or Service
Line.
4.2
An employer, operator or proprietor must not permit a person to Smoke on
premises controlled or owned by them where it is prohibited by this bylaw.
Prohibitions respecting minors
4.3
Person under the age of 18 years shall not Smoke.
UNCERTIFIED
anted in this byla
anted in this by
meters of:
eters of:
as, or spray park
as, or spray park
esignated "off lea
esignated "of
e;
e;
etic field or facilit
etic field or fac
any City Facilit
any City Facil
(g) any public
(g) any publi
(h) any
h) any
(i)
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of Spruce Grov
Bylaw C-1053-18
Page 6 of 13
4.4
Persons under the age of 18 years are not permitted to enter any place
where smoking is otherwise permitted under this bylaw, including a Private
Club or Private Function.
4.5
A Proprietor or other person who permits a person under the age of 18
years to enter and remain in an area where Smoking is permitted is guilty
of an offence. This applies to customers, staff or volunteers.
5.
EXCEPTIONS
Home Based Business
5.1
If the Workplace is also a Private Residence operating as a licensed home
based business as permitted under Bylaw C-824-12 Land Use Bylaw,
Smoking is permitted except in any Reception Area at any time the
workplace is open to the public.
Private Club
5.2
An owner, proprietor or person who operates a Private Club where
Smoking is otherwise prohibited, in such a place, may permit Smoking,
other than tobacco or cannabis products, in that place when smoking is
permitted pursuant to provincial or federal legislation or powers exercised
pursuant to such legislation.
5.3
If smoking is permitted pursuant to section 5.2, the person who owns and
occupies the private club shall ensure that:
(a)
Sections 4.1(g) and 4.3 to 4.5 inclusive of this bylaw shall apply.
(b)
The building must be a detached, stand-alone building, which does
not share walls with any other building or structure and must have
its own separate and independent ventilation system where smoke
does not enter any place where smoking is prohibited.
(c)
Signage is clearly and prominently displayed at each entrance
indicating that smoking is permitted inside.
(d)
If at any time a Private Club is open to the public it becomes a
Public Place for the period that it is open to the public and Smoking
is not permitted. Examples are an open house of the Private Club
to invite new membership, the use of the Private Club's facilities by
a third party for an open house or cultural event that is not a Private
Function, or the use of the Private Club's facilities for a community
event or celebration.
UNCERTIFIED
n A
o operates a Priva
operates a Priv
in such a place,
in such a place,
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s products, in th
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ons 4.1(g)
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nd 4
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not share wal
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does no
(c)
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guilty
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12 Land Use B
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at any tim
at any tim
Bylaw C-1053-18
Page 7 of 13
Private Functions
5.4
A sponsor may permit Smoking at a Private Function if a proprietor wishes
to grant that option. If a sponsor permits Smoking, Sections 5.3(a) to
5.3(c) inclusive of this bylaw shall apply.
6.
EXEMPTIONS
Traditional Aboriginal Spiritual or Cultural Practices
6.1
The rights of aboriginal people respecting traditional aboriginal spiritual or
cultural practices of ceremony are exempt from this bylaw, and include
such practices as Traditional Pipe Ceremony or Smudging.
6.2
The Traditional Pipe Ceremony or Smudging exemption only applies to
those persons actually participating in the ceremony.
6.3
The Traditional Pipe Ceremony or Smudging exemption does not apply to
spectators or on lookers, not directly involved in the ceremony.
Electronic Cigarette Retailer Exemption
6.4
A person may use an electronic smoking device within the premises of an
Electronic Cigarettes Retailer to sample product, other than tobacco or
cannabis, prior to purchase.
6.5
Section 4.2 does not apply to an employer, operator or proprietor who
allows a person to use an electronic smoking device, within the premises
of an Electronic Cigarette Retailer to sample a product, other than tobacco
or cannabis, prior to purchase.
Group Living Facilities and Hotel Guest Rooms
6.6
In accordance with the Tobacco and Smoking Reduction Act, SA 2005 cT-
3.8, smoking may be permitted in a group living facility or a hotel guest
room.
Outdoor Special Event Permits
6.7
An application may be made to the City Manager for a permit to assign a
designated smoking area at an outdoor special event, provided that:
(a)
the application is made in writing;
(b)
the smoking area is fenced off and is clearly marked as a smoking
area;
(c)
the smoking area is 10 meters away from any location identified in
Section 4.1;
UNCERTIFIED
em
ging exempt
ging exemp
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nvolved in the
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c Cigarette Retai
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Living Facilities a
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room.
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6.
6.7
An appli
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inal spiritual or
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Bylaw C-1053-18
Page 8 of 13
(d)
the special event permit must be presented to a peace officer upon
request; and
(e)
no person under the age of 18 is permitted within the designated
smoking area.
Private Residence
6.8
This bylaw does not apply to a building, structure, or vehicle, or a part of a
building or structure that is used as a private residence.
7.
SIGNAGE
7.1
The proprietor or manager of a place or Private Club is responsible to post
and maintain in good condition all signage required by this bylaw.
7.2
The proprietor or manager must replace any Sign that becomes defaced
or has been subject to fading or deterioration due to the elements.
7.3
Failure to post Signs or to maintain those Signs in good condition is an
offence.
7.4
Signs used to designate Smoking permitted and Smoking prohibited areas
that carry a representation of a lighted cigarette, shall also mean a cigar,
pipe or other Electronic Smoking Device.
7.5
Signs used to designate Smoking permitted and Smoking prohibited must
comply with the standards in Schedule 2 of this bylaw.
7.6
Where Smoking is permitted all entrances to that area must display a
Smoking Permitted No Entry to Persons Under 18 Years of Age Sign. The
Sign must comply with the standards shown at Schedule 3 to this bylaw.
The Sign may not be combined with any other sign.
7.7
If at any time a Private Club that permits Smoking, other than tobacco or
cannabis, is open to the public and therefore becomes a public place in
accordance with this bylaw, for the period that it is open to the public
Smoking is not permitted. All Smoking Permitted Signs must be fully
covered or removed from view and replaced with Smoking Prohibited
Signs.
8.
PROSECUTIONS
8.1
In a prosecution for a contravention of this bylaw, it is not necessary that a
witness testify to the precise description, kind, brand, name of the product
or electronic smoking device possessed, smoked or consumed.
UNCERTIFIED
qui
any Sign tha
any Sign th
ioration due to th
oration due to
ain those Signs i
in those Signs i
Smoking permitt
Smoking permitt
ation of a lighted
tion of a lighted
onic Smoking De
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designate Smok
designate Smok
the standards in
the standards in
e Smoking is perm
Smoking is per
oking Permitted N
king Permitted
Sign must comply
ign must comply
The Sign may n
The Sign may
7.7
If at any ti
7.7
If at any t
cannab
cannab
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acc
Sm
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8.
8
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Bylaw C-1053-18
Page 9 of 13
8.2
In a prosecution for a contravention of this bylaw, the court may, in the
absence of evidence to the contrary, infer that a person was smoking from
the fact that a witness describes the act of smoking, the device used to
smoke and or the product being consumed.
8.3
The burden of proving that an exception applies in a particular case is on
the person alleging such exception on a balance of probabilities.
9.
ENFORCEMENT
9.1
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 offence, pursuant to
this bylaw.
9.2
In the case of an offence that is of a continuing nature, a contravention
constitutes a separate offence in respect of each day, or part of a day, on
which it continues and a person guilty of such offence is liable to a fine in
an amount not less than that established by this bylaw for a Second
and/or Subsequent Offence(s).
9.3
This bylaw may be enforced by members of the RCMP or City of Spruce
Grove Enforcement Services.
9.4
For the enforcement of this bylaw a member of the RCMP or a City of
Spruce Grove Enforcement Officer, upon presentation of proper
identification, may at all reasonable hours, enter any Public Place,
Workplace or Private Club and make investigations and enquiries.
9.5
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, RSA 2000 cP-34.
9.6
An officer may also issue a summons, requiring a court appearance of the
defendant, if in the officer's opinion there are compelling reasons requiring
such attendance, pursuant to the Provincial Offences Procedure Act, RSA
2000 cP-34.
10.
SEVERABILITY
10.1 If at any time, any provision of this bylaw is declared or held to be illegal,
invalid, or ultra vires, in whole or in part, then the provision shall not apply
UNCERTIFIED
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this bylaw, the
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9.6
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9.6
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Bylaw C-1053-18
Page 10 of 13
and the remainder of this bylaw shall continue in full force and effect and
be construed as if it had been enacted without the illegal, invalid or ultra
vires provision.
11.
EFFECTIVE DATE
11.1 This bylaw shall come into force and effect when it receives third reading
and is duly signed.
12.
REPEAL OF BYLAW C-470-03
12.1 Bylaw C-470-03 is hereby repealed.
First Reading Carried 24 September 2018
Second Reading Carried 24 September 2018
Third Reading Carried 9 October 2018
Date Signed 10 October 2018
__________________________
Mayor
__________________________
City Clerk
UNCERTIFIED COPY
d reading
reading
Bylaw C-1053-18
Page 11 of 13
SCHEDULE 1
Offence
Penalty
Section(s)
First Offence
Smoking where prohibited
$250.00
4.1
which includes within 10 meters of those
areas
Proprietor permit smoking where prohibited
$250.00
4.2
Smoking by person under 18 years of age
$250.00
4.3
Person under 18 year of age in an
$250.00
4.4
Area where Smoking is permitted
Proprietor permitting a person under the
$250.00
4.5
age of 18 years to enter and remain in an
area where Smoking is permitted by this
bylaw
Fail to display appropriate signage
$250.00
7.3
Second and subsequent offences
$500.00
All
$250.00
$250.00
$250
$250
ences
ences
TI
COPY
4.2
4.2
4.3
4.3
Bylaw C-1053-18
Page 12 of 13
SCHEDULE 2
SMOKING PROHIBITED SIGN
Lettering minimum of 1cm in height
6"
6"
RED
UNCE
COPY
O
Bylaw C-1053-18
Page 13 of 13
SCHEDULE 3
SMOKING PERMITTED SIGN
NO ENTRY TO PERSONS UNDER 18 YEARS OF AGE SIGN
Lettering minimum of 1cm in height
6"
6"
GREEN
UNCER
C
COPY
O