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BYLAW NO. 2110-18
A BYLAW OF THE TOWN OF STETTLER, PROVINCE OF ALBERTA TO REPEAL AND
REPLACE BYLAW NO. 1957-08 OF THE SAID TOWN.
A BYLAW OF THE TOWN OF STETTLER, IN THE PROVINCE OF ALBERTA,
RESPECTING SMOKE-FREE PUBLIC PLACES AND WORKPLACES.
WHEREAS, health officials have determined that secondhand tobacco and cannabis smoke is a
health hazard or discomfort for many persons;
AND WHEREAS, the Council of the Town of Stettler deems it expedient and appropriate to
limit the effects of secondhand smoke for residents and visitors to the Town of Stettler;
AND WHEREAS, the Council deems it expedient and appropriate to regulate the smoking of
tobacco and cannabis products in public places and workplaces within the Town of Stettler; and,
in accordance with the Municipal Government Act R.S.A. 2000 c. M-26 as amended, 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;
NOW THEREFORE, the Council of the Town of Stettler, duly assembled, hereby enacts as
follows:
SECTION 1 - SHORT TITLE
1.1
This Bylaw may be cited as the "Smoking Bylaw".
SECTION 2 - DEFINITIONS
In this Bylaw:
2.1
"Ashtray" means a receptacle for tobacco ashes and for cigar and cigarette butts;
2.2
"Building" includes anything constructed or placed on, in, over or under land,
whether permanent or temporary, into which a Person could enter;
2.3
"Town" means the Town of Stettler;
2.4
"Town Building" means any of the buildings owned, leased, operated or occupied by
the Town of Stettler;
2.5
"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 and
includes edible products that contain cannabis.
2.6
"Council" means the Council of the Town of Stettler;
2.7
"Educational Institution" means a public or private school or post-secondary
institution;
2.8
"Employee" includes a person who:
a) performs any work for or supplies any services to any Employer; or
b) receives any instructions or training in the activity, business, work, trade,
occupation or profession of the Employer.
Page 2 of 7
2.9
"Employer" includes any person who as the owner, proprietor, manager,
superintendent or overseer of any activity, business, work, trade, occupation or
profession, has control over or direction of, or is directly or indirectly responsible for
the employment of a person therein;
2.10
"General Manager" means the chief administrative officer or his delegate;
2.11
"Health Care Institution" means a public hospital, and the land with which it is
contained;
2.12
"Municipal Tag" means a ticket or similar document issued by the Town pursuant to
the Municipal Government Act R.S.A. 2000, c. M-26, as amended, and as referred to
in Section 8 below;
2.13
"Peace Officer" means a person appointed as a Bylaw Enforcement Officer pursuant
to the Municipal Government Act, to do any act or perform any duties under this
bylaw and includes a member of the Royal Canadian Mounted Police and, when
authorized, a Special Constable;
2.14
"Person" includes an individual, proprietorship, corporation or society;
2.15
"Private Residence" means a self contained living premise for domestic use of one
or more persons and is provided with a separate private entrance from the exterior of
a building or from a common hall, lobby or stairway, but does not include any portion
of such area used as a workplace with the exception of a hotel room or motel room;
2.16
"Proprietor" means the owner, or his agent or representative of a Public Place
referred to in this bylaw, and includes any person in charge thereof or anyone who
controls, governs or directs the activity carried on therein, where applicable includes;
a) the person who ultimately controls, governs or directs the activity carried on
within any premises referred to in this Bylaw and includes the person usually
in charge thereof;
b) a Regional Health Authority Board appointed pursuant to the provisions of the
Regional Health Authority Act;
c) the Board of Governors, Board of Trustees, or President of an Educational
Institution;
2.17
"Public" means any person other than the owner, lessee, proprietor or employer of a
particular building or place;
2.18
"Public Building" means any enclosed building or structure as defined in this bylaw
to which the public can and does have access by right or by invitation, whether or not:
a) all classes of the public are invited;
b) the proprietor has the right to exclude any particular person;
c) payment, membership or the performance of some formality is required prior
to access;
d) the public has access to the building only at certain times, or from time to
time;
e) a member of the public has access only if they are a member or if they are
accompanied by a member;
f) Subject to subsection j) and k) below, if the public has access only to a portion
of the building or structure, the entire building or structure shall be deemed to
be a Public Building;
g) a public premises where food or beverages are served that is not fully
contained within an enclosed building; and
h) an outside extension of an eating or drinking establishment regardless of
whether it is covered;
i) Buildings owned and operated by the Town of Stettler
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Where a building includes a private residence, the following shall apply:
j) that portion of the building containing the private residence shall be deemed to
not be a public building;
k) If a building contains two or more private residences, those common areas of
the building including washrooms, corridors, reception areas, elevators,
escalators, foyers, hallways, stairways, lobbies, laundry rooms and enclosed
parking garages shall be deemed to be a public building;
2.19
"Public Place" means:
a) Public Buildings and those areas within 6m of an entrance or exit to a Public
Building;
b) Public Transportation Vehicles and Public Transportation Vehicle Shelters;
c) Educational Institution;
d) Health Care Institution and
e) Workplaces and those areas within 6m of an entrance or exit to a Workplace;
2.20
"Public Space" means any place to which the public has access as of right or by
invitation, expressed or implied. This includes:
a) parks and playgrounds;
b) green spaces;
c) streets and lanes;
d) sidewalks;
e) pathways;
f) right of ways;
g) common spaces;
h) parking lots;
i) municipal reserve property;
j) environmental reserve property;
k) all Town of Stettler owned buildings and land.
2.21
"Public Transportation Vehicle" means a school bus, a bus owned or operated by
or on behalf of the Town of Stettler, a taxicab, limousine or other similar vehicle
which is being used by a passenger or passengers for hire or which is being offered
for hire;
2.22
"Public Transportation Vehicle Shelter" means any structure with a roof designed
to protect a passenger from the elements while waiting for a school bus, a bus owned
or operated by or on behalf of the Town of Stettler, a taxicab, limousine or other
similar vehicles;
2.23
"Public Use District Land" means land within the Town of Stettler that is
designated Public Use as described in the Land Use Bylaw 2060-15, as amended from
time to time;
2.24
"Tobacco Product" means a product composed of whole or in part of tobacco,
including tobacco leaves and any extract of tobacco leaves.
2.25
"Sign" means a sign as prescribed in Section 5;
2.26
"Smoke" or "Smoking" means to inhale, exhale, burn, or have control over a lighted
cigarette, cigar, pipe, hookah pipe, vaporizer or other lighted smoking implement
designed to burn or heat tobacco, cannabis or any other weed or substance for the
purpose of inhaling or tasting of its smoke or emissions.
2.27
"Violation Ticket" means a ticket issued pursuant to Part II of the Provincial
Offences Procedure Act, R.S.A. 2000 c. P-34, as amended and regulations thereunder,
and as referred to in Section 9 of this bylaw;
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2.28
"Workplace" means any enclosed area of a building or structure in which an
employee works and includes washrooms, corridors, lounges, eating areas, outdoor
patios, reception areas, elevators, escalators, foyers, hallways, stairways, enclosed
walkways, amenity areas, lobbies, laundry rooms and enclosed parking garages
utilized by an employee. Without limiting the generality of the foregoing:
a) a place is a Workplace whether or not the employee is employed by the
proprietor of the premises at which the employee works;
b) subject to clause d) below, if an employee works in any portion of a building,
the entire building shall be deemed to be a workplace;
c) home offices that employ non-residents or that require public access shall be
deemed to be a workplace; and
d) any portion of a building that is used exclusively as a private residence,
including a hotel room or a motel room shall not be deemed to be a
workplace.
SECTION 3 - GENERAL PROVISIONS
CANNABIS
3.1
For the regulations regarding the Smoking of Cannabis within the limits of the Town of
Stettler
3.1.1 The smoking of Cannabis is strictly prohibited in or on the following places:
a) Public Building;
b) Public Place;
c) Public Space;
d) Public Transportation Vehicles and Public Transportation Vehicle
Shelters;
e) Public Use District Land
TOBACCO
3.3
For the regulations regarding the Smoking of Tobacco within the limits of the Town of
Stettler
3.3.1 No Person may Smoke Tobacco within the following prescribed distances:
a) 6m of an entrance or exit to a Public Building;
b) 6m of an entrance or exit to a Public Place;
c) Public Transportation Vehicles and Public Transportation Vehicle
Shelters; and
d) 6m of an entrance or exit to a Workplace.
SECTION 4 - ASHTRAYS
4.1
The proprietor and employer of every Public Place shall ensure that no ashtrays are
placed or allowed to remain in any Public Place.
4.2
The proprietor and employer of every Public Place, if employees or members of the
public from time to time gather to smoke at a location outside the Public Place, ensure
that ashtrays are placed more than 6m from the entrance or exit of the Public Place.
SECTION 5 - SIGNS
5.1
The proprietor and employer of every Public Place shall ensure that signs are posted
conspicuously and in accordance with this bylaw so as to clearly identify that
smoking is prohibited.
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5.2
The proprietor and employer of every Workplace, Public Building or Town Building
shall ensure that:
a) signs are posted at every entrance to the Workplace, Public Building or Town
Building;
b) signs are posted at the entrance to each washroom; and,
c) signs are posted in the vicinity of any seating area where food or beverages
are sold or consumed.
5.3
The signs referred to in this bylaw shall consist of graphic symbols that comply with
the provisions of this section.
5.4
The following graphic symbol shall be used to indicate the areas where smoking is
prohibited pursuant to this bylaw:
on a white background with the circle and the interdictory stroke in red.
5.5
The graphic symbol referred to in Subsection 5.4 shall include the text Town of
Stettler Smoking Bylaw" not less than 1.3 centimeters in height for signs with letter
height of 2.54 centimeters, and not less than one-quarter (1/4) of the height of the
letters on all other letters of the sign.
5.6
The graphic symbol referred to in Subsection 5.4 shall include the text "No Smoking"
in letters at least five (5%) percent of the diameter of the circle or symbol, and of a
letter height not less than 2.54 cm.
5.7
The lettering of signs may be in either upper or lower case or combination thereof but
the words "letter height" when used in Subsections 5.5 and 5.6 shall mean the actual
height of a letter whether it is in upper or lower case.
5.8
In addition to the graphic symbol referred to in Subsection 5.4 there may be added
appropriate symbols such as directional arrows.
5.9
With respect to size of the graphic symbol, the diameter of the circle in the symbol
referred to in Subsection 5.4 shall be a minimum of 15 cm.
5.10
Deviations from the colour or content of the signs prescribed by this section that do
not affect the substance or that do not mislead do not invalidate the signs.
5.11
Notwithstanding that the graphic symbol in Subsection 5.4 is a cigarette, it shall be
deemed to include a reference to a lighted cigar, cigarette, pipe or other lighted
smoking equipment.
5.12
No person shall remove, alter, conceal, deface or destroy any sign posted pursuant to
this bylaw.
SECTION 6 - PENALTIES
6.1
Any corporation which fails or neglects to perform the duties or requirements
imposed upon it under the provisions of this bylaw is guilty of an offence and liable
on summary conviction to a fine not exceeding ten thousand dollars ($10,000).
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6.2
Any individual, other than a corporation, who contravenes any of the provisions or
requirements of this bylaw is guilty of an offence and liable on summary conviction
to a fine not exceeding one thousand dollars ($1,000).
6.3
The specified fine for an offence committed pursuant to this bylaw is established at:
Individual
$250.00
Corporations
$1000.00
6.4
In the case of an offence that is of a continuing nature, a contravention shall constitute
a separate offence in respect of each day, or part of a day, on which that offence
continues.
SECTION 7 - MUNICIPAL TAGS
7.1
A Peace Officer is hereby authorized and empowered to issue a municipal tag to any
person who the Peace Officer has reasonable and probable grounds to believe has
contravened any provision of this bylaw.
7.2
A municipal tag may be issued to such person:
a) either personally;
b) by mailing a copy to such person at his last known post office address, or
c) if upon a corporation, by serving the municipal tag by mailing a copy by
registered mail, or serving a person who is the agent, representative, or a
person in charge of the Designated Public Place.
7.3
The municipal tag shall be in a form approved by the General Manager and shall
state:
a) the name of the person;
b) the offence;
c) the municipal or legal description of the land on or near where the offence
took place, including the date and time;
d) the appropriate penalty for the offence as specified in Section 6 of this bylaw;
e) that the penalty shall be paid within 30 days of the issuance of the municipal
tag;
f) any other information as may be required by the General Manager.
7.4
Where a municipal tag is issued pursuant to Section 7 of this bylaw, the person to
whom the municipal tag is issued may, in lieu of being prosecuted for the offence,
pay the penalty to the Town the penalty specified within the time period indicated on
the municipal tag.
7.5
Nothing in this bylaw shall prevent a Peace Officer from immediately issuing a
violation ticket.
SECTION 8 - VIOLATION TICKET
8.1
In those cases where a municipal tag has been issued and if the penalty specified on a
municipal tag has not been paid within the prescribed time, then a Peace Officer is
hereby authorized and empowered to issue a violation ticket pursuant to Part II of the
Provincial Offences Procedure Act, R.S.A. 2000, c.P-34 as amended.
8.2
Notwithstanding Section 7 of this bylaw, a Peace Officer is hereby authorized and
empowered to immediately issue a violation ticket pursuant to Part II of the
Provincial Offences Procedure Act, R.S.A. 2000, c.P-34, as amended, to any person
who the Peace Officer has reasonable grounds to believe has contravened any
provision of this bylaw.
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SECTION 9 - SEVERABILITY
9.1
If any section or sections of this bylaw or parts thereof are found in any court of law
to be illegal or beyond the power of Council to enact, such section or sections or parts
thereof shall be deemed to be severable and all other sections or parts of this bylaw
shall be deemed to be separate and independent therefrom and to be enacted as such.
SECTION 10 - ENFORCEMENT
10.1
For the enforcement of this bylaw, a Peace Officer, upon producing proper
identification, may at all reasonable hours, enter any Designated Public Place and
may make examinations, investigations and inquiries.
10.2
A Peace Officer is a Designated Officer for the purposes of ss. 542 - 545 of the
Municipal Government Act, R.S.A. 2000, c.M-26, as amended.
SECTION 11 - EFFECTIVE DATE
11.1
This bylaw comes into force and effect on final reading thereof.
11.2
Bylaw 1957-08 and Bylaw 2092-17 are hereby repealed in their entirety.
Read a first time this 2nd day of October, 2018
Read a second time this 2nd day of October, 2018.
Read a third and final time this 2nd day of October, 2018.
_______________________
______________________________
Mayor
CAO