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VILLAGE OF ANMORE
BYLAW NO. 448-2008
A bylaw for the purpose of regulating
where people may smoke
_____________________________________
WHEREAS the Council has been advised the second hand tobacco smoke (exhaled smoke and
the smoke from cigarettes, cigars and pipes) is a health hazard and discomfort for many
inhabitants of the Village of Anmore;
AND WHEREAS it is desirable for the health, safety and welfare of the inhabitants of the Village
to prohibit or regulate smoking or both in the Village to the extent provided herein;
NOW THEREFORE the Council of the Village of Anmore, in open meeting assembled, ENACTS AS
FOLLOWS:
1.
This bylaw maybe cited as "Anmore Smoking Control Bylaw No. 448-2008".
2.
That "Smoking Control Bylaw 1988, No. 21" is hereby repealed in its entirety.
3.
Definitions
In this bylaw:
"Council" means the Municipal Council of the Village of Anmore.
"Medical Health Officer" means the Medical Health Officer appointed for the Village
under the Health Act, R.S.B.C. 1996, Chapter 179 and any amendments thereto.
This is a consolidated copy of the bylaw provided for CONVENIENCE only:
1. Anmore Smoking Control Bylaw adopted August 12, 2001
2. Anmore Smoking Control Bylaw Amendment adopted October 12, 2018.
For copies of the original bylaws please contact Manager of Corporate Services.
Bylaw No. 448-2008
P a g e | 2
"Outdoor Public Space" means any outdoor area owned, controlled or operated by the
Village that is open to the public or to which the public is admitted or invited, and
includes any municipally-owned:
(a)
playground;
(b)
park;
(c)
trail;
(d)
easement;
(e)
street or sidewalk; and
(f)
bus shelter or bus stop. (Bylaw No. 585-2018)
"Place of Public Assembly" means a building or structure, or portion thereof, used for
the purposes of business, deliberation, education, entertainment, recreation or worship,
and to which the public is ordinarily invited or permitted access." (Bylaw No. 585-2018)
"Smoke or Smoking" means the inhaling, exhaling, burning or carrying of a lighted cigar,
cigarette, e-cigarette, pipe or other smoking equipment that burns cannabis, tobacco or
any other weed or plant, substance or material." (Bylaw No. 585-2018)
4.
Place of Public Assembly
A person must not smoke:
(a) in any Place of Public Assembly;
(b) within 7.5 meters of any doorway, window or air intake of a Place of Public
Assembly; or
(c) on or in any Outdoor Public Space. (Bylaw No. 585-2018)
5.
Exceptions
This bylaw does not regulate smoking in a private home.
6.
Validity
In the event there is a conflict between the provisions of any other Federal or Province
of British Columbia Act or Regulation, or any other bylaw that is applicable to the
Village, the more restrictive Act, Regulation or Bylaw shall prevail as may be specifically
applicable to the intended purpose.
Bylaw No. 448-2008
P a g e | 3
7.
Offences and Penalty
Any person who contravenes the provision of this bylaw is guilty of an offence and, on
summary conviction, is liable to a fine of not less than $25.00 and not more than $75.00
for the first offence; and not less than $75.00 and not more than $150.00 for the second
offence; and not less than $150.00 and not more than $2,000.00 for the third and any
subsequent offence. Each day that a violation of this bylaw continues shall constitute a
separate offence.
READ a first time this
27th
day of
May
, 2008
READ a second time this
27th
day of
May
, 2008
READ a third time this
15th
day of
July
, 2008
RECONSIDERED, FINALLY PASSED AND ADOPTED this
12th
day of
August , 2008
DEPOSITED with the Ministry of Health this
day of
, 2008
H. WEINBERG
______________________________________
MAYOR
K. COBB
______________________________________
MANAGER OF CORPORATE SERVICES
Certified a true and correct copy of "Anmore Smoking Control Bylaw No. 448-2008".
November 3rd, 2008
K. COBB
________________________
____________________________________
DATE
MANAGER OF CORPORATE SERVICES