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VILLAGE OF BELCARRA SMOKING CONTROL BYLAW 285, 1998
Consolidated
A Bylaw to Regulate the Places Where People May Smoke.
This consolidation is a copy of a bylaw consolidated under the authority of Section 139 of the
Community Charter. This consolidation is not a legal document. Individual copies of the bylaw
may be obtained by contacting the Village Office. This bylaw is printed under and by authority of
the Chief Administrative Officer of the Village of Belcarra.
Amendment Bylaw No. 402, 2008 effective date April 14, 2008
Amendment Bylaw No. 406, 2008 effective date July 14, 2008
______________________________________________________________________
WHEREAS the approval of the Minister of Health is necessary for any bylaw adopted pursuant
to Section of the Municipal Act R.S.B.C. 1996 Chapter 323;
AND WHEREAS Council has been advised that 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 Belcarra;
AND WHEREAS it is desirable for the health, safety and welfare of 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 Belcarra, in open meeting assembled, enacts
as follows:
1.
TITLE
1.1
This Bylaw may be cited for all purposes as "Smoking Control Bylaw 285, 1998".
2.
DEFINITIONS
2.1
In this bylaw:
"Council" means the Municipal Council of the Village of Belcarra.
"Medical Health Officer" is the Medical Health Officer appointed for the Village under the
Health Act R.S.B.C. 1979, Chapter 161 and amendments.
"Place of public assembly" means a building or structure, or portion thereof used for the
purposes of education, recreation, or business.
"Smoke or smoking" means, inhaling, exhaling, burning or carrying of a lighted cigar,
cigarette, pipe or other smoking equipment of tobacco, or any other weed or plant.
3.
PUBLIC FACILITIES
3.1
Persons, their premises and their activities are hereby regulated such that no person
shall smoke in any place of public assembly in the Village of Belcarra. (Bylaw 402, 2008)
3.2
Any person choosing to smoke shall smoke in an area that is located a minimum
distance of 7.5 metres from any doorway, window or air intake of a place of public
assembly.
(Bylaw 402, 2008)
Consolidated Smoking Control Bylaw No. 285, 1998
2
J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 285, 1998 Smoking Control Consolidated.doc
3.3
Smoking is prohibited on playing fields and within 7.5 metres of playgrounds and other
public places where children gather or play, and prohibited in public gathering places
where people sit or stand together in close proximity.
(Bylaw 406, 2008)
4.
OFFENCES AND PENALTY
4.1
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 an any
subsequent offence.
5.
VALIDITY
5.1
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.
6.
ENFORCEMENT
6.1
The Medical Health Officer and the Public Health Inspectors having jurisdiction in the
Village of Belcarra may enter any premises in the Village of Belcarra at any reasonable
time for the purpose of determining compliance with and enforcing this bylaw pertaining
to any of the sections of this bylaw that has to do with signage in any premises in the
Village of Belcarra. In all other respects and sections of the bylaw, the Bylaw
Enforcement Officer or Officers of the Village of Belcarra shall be responsible for
administration of this bylaw.
7.
SEVERABILITY
7.1
If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the valid
portion must be severed and the remainder of this bylaw is deemed to have been
adopted without the severed section, subsection, paragraph, subparagraph, clause or
phrase.
(Bylaw 402, 2008)
READ A FIRST TIME this 2nd day of November, 1998
READ A SECOND TIME this 2nd day of November, 1998
READ A THIRD TIME this 2nd day of November, 1998
ADOPTED BY THE MUNICPAL COUNCIL this 16TH day of November, 1998
CERTIFIED CORRECT
___________________
________________________
MAYOR
ADMINISTRATOR
R. E. Drew
Moira A. McGregor