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CITY OF BURNABY
BYLAW NO. 14360
Bylaw No. 14360
Page 1
The Council of the City of Burnaby ENACTS as follows:
PART 1: CITATION
1.1
This Bylaw may be cited as BURNABY SMOKING REGULATION BYLAW 2021.
PART 2: DEFINITIONS
2.1
In this Bylaw, unless the context otherwise requires,
"assembly use"
means a use that involves the assembly or gathering of persons
for religious, charitable, philanthropic, cultural, recreational, or
private educational purposes, and includes churches,
auditoriums, meeting rooms, social halls, child care, youth
centres, and group camps; ·
"bicycle lane"
means that portion of a street that is designated for use by
persons on bicycles;
"boulevard"
has the meaning set out in the Street and Traffic Bylaw;
"burn"
means to produce smoke, vapour or other substances that can
be inhaled;
"business licence"
has the meaning set out in the Burnaby Business Licence
Bylaw 2017, as amended or replaced from time to time;
"business
has the meaning set out in Burnaby Business Licence Bylaw
premises"
2017, as amended or replaced from time to time
"commercial use"
means a use that involves:
(a)
the sale, rental, or repair of goods to the general public;
or
(b)
the provision of services to a person, business or
h~usehold,
BylawNo. 14360
Page 2
and includes retail stores and grocery stores; personal, business
and household service offices and establishments; banks and
other financial services; cafes, restaurants and liquor primary
establishments; personal health care offices; and commercial
recreation;
"crosswalk"
has the meaning set out in the Street and Traffic Bylaw;
"customer service
means a partially enclosed or unenclosed area, including a
area"
balcony, patio, yard or sidewalk, that is part of or connected to
or associated with a business that includes the service of food
or beverages, including alcoholic beverages, to customers or
other persons for consumption on site;
"dwelling unit"
"e-cigarette"
"e-substance"
"enclosed or
substantially
enclosed business
premises"
means a dwelling unit as defined in Burnaby Zoning Bylaw,
1965, as amended or replaced from time to time;
means the following:
(a)
a product or device, whether or not it resembles a
cigarette, containing an electronic or battery-powered
heating element capable of vapourizing an e-substance
for inhalation or release into the air; or
(b)
a product or device similar in nature or use to a product
or device described in clause (a);
means a solid, liquid or gas that, on being heated, produces a
vapour for use in an e-cigarette, regardless of whether or not
the solid, liquid or gas contains nicotine;
means that portion, or those portions, of a business premises:
(a)
with a roof or other covering; and
(b)
in respect of which air is prevented from easily flowing
through more than 50% of the wall space of that
portion, or portions, of a business premises;
"institutional use"
means a use that involves public educational, governmental, or
civic functions that are not commercial uses, and includes
public schools, libraries, public recreational facilities,
community centres and other civic facilities;
"multi-use path"
"park"
"responsible
person"
"sidewalk"
"smoke" or
"smoking"
"street"
"Street and Traffic
Bylaw"
Bylaw No. 14360
Page 3
means a paved or unpaved pathway that supports shared
walking, cycling and other active modes of transport and is
physically separated from on-street infrastructure and facilities
that support higher speed modes of transport such as motor
vehicles and buses;
has the meaning set out in the Parks Regulation Bylaw, 1979,
as amended or replaced from time to time;
means a person who owns, operates, controls, manages or
supervises a business premises or a customer service area;
has the meaning set out in the Street and Traffic Bylaw;
means to inhale, exhale, burn or carry:
(a)
a lighted cigarette, cigar, pipe, hookah pipe, or other
lighted smoking device or equipment that burns
tobacco, cannabis or other weed or any substance; or
(b)
an activated e-cigarette.
has the meaning set out in the Street and Traffic Bylaw;
means Burnaby Street and Traffic Bylaw 1961, as amended or
replaced from time to time.
PART 3: PARKS AND OUTDOOR PUBLIC SPACES
3.1
Unless otherwise permitted under this Bylaw, a person shall not smoke:
(a)
in a park or on a multi-use path;
(b)
on any bicycle lane, boulevard, crosswalk, sidewalk, walkway, or other public
space or passageway that is either dedicated road or otherwise secured for public
use through a statutory right of way agreement, and that:
(i)
abuts a property with a commercial use, assembly use or institutional use;
or
(ii)
abuts a park.
(c)
on any lands and improvements that are owned or leased by the City, and that are
intended for public or civic use, with the exception of smoking areas designated by
BylawNo. 14360
Page4
the head of the City department responsible for the lands or improvements;
( d)
within six metres of:
(i)
the perimeter of an enclosed or partially enclosed shelter or public transit
facility or infrastructure where people wait to board a public transit vehicle;
(ii)
a bench where people wait to board public transit, measured from any point at
the base of the bench; or
(iii)
a pole indicating a stopping place for a public transit vehicle, measured from
the base of the pole parallel to the street.
PART 4: BUSINESS PREMISES AND CUSTOMER SERVICE AREAS
4.1
Unless otherwise permitted under this Bylaw, an individual shall not, and a responsible
person shall not permit an individual to, smoke in:
(a)
a customer service area; or
(b)
an enclosed or substantially enclosed business premises that is a workplace or a
place to which the public is ordinarily invited or permitted access, either expressly
or by implication, whether or not a fee is charged for entry.
4.2
A responsible person must display and maintain, or cause to be displayed and maintained,
at all times at each entrance to a customer service area, a sign stating:
THIS IS A SMOKE FREE ENVIRONMENT - NO SMOKING
PART 5: EXCEPTIONS
5 .1
With the prior written approval of the City, a person may:
(a)
engage in the ceremonial use or smoking of tobacco or other substance in relation
to a traditional aboriginal cultural activity; or
(b)
smoke or permit smoking during a movie production or theatrical or other artistic
performance.
5.2
Subsection 4.l(b) of this Bylaw does not apply to smoking:
(a) in a business premises located within a dwelling unit that is not open to members of
the public and the only person or persons employed by the business also reside in the
dwelling unit; and
5.3
5.4
BylawNo. 14360
Page 5
(b) in a hotel room or motel room designated within a hotel or motel by a responsible
person as a smoking room.
Section 4.1 of this Bylaw does not apply to the use of a hookah pipe to smoke substances
other than tobacco or cannabis in the following business premises for so long as the
associated business licence holder has a valid business licence for such business
premises at the location listed below:
Business Premises
Business Licence Holder
Doing Business As
# 101 - 6462 Kingsway
1207941 BC Ltd.
Lounge Sixty
7751 6th Street
Arwaz Hookah Lounge Limited
Arwaz Hookah Lounge
#A- 5593 Kingsway
Narah Shisha Cafe Inc.
Kayan Shisha Hookah Cafe
5236 Irmin Street
Rima Abduljawad
Reema's Shisha House
The Glass House Hookah
6649 Hastings Street
Lounge Ltd.
The Glass Hookah Lounge
4027 Hastings Street
Bula Lounge Inc.
Bula Lounge
4052 Hastings Street
Bloo Bby Restaurant Ltd.
Bloo Bby Restaurant
4 705 Hastings Street
Deiavu Lounge Ltd.
Deja Vu Hookah Lounge
#116 - 3787 Canada Way
Living Room Cafe Inc.
Living Room Cafe
#102 - 2849 North Road
PMC Hookah Lounge Ltd.
PMC Hookah Lounge
7670 6th Street # 102
Perk & Puff Cafe Inc.
Perk & Puff Cafe
7868 Edmonds Street
Dahlak Restaurant Ltd.
Dahlak Restaurant
For certainty, if any of the business licence holders set out in section 5.3 of this Bylaw:
(a)
fails or ceases to maintain a valid business licence for the business premises;
(b)
assigns, sells, transfers or in any way disposes of all or a portion of the holder's
interest in the business licence; or
( c)
changes the location of the business premises from the location set out in section
5.3 of this Bylaw,
then the exception in section 5.3 of this Bylaw will no longer apply to that business
licence holder and the associated business premises and section 4.1 will become
effective immediately in respect to such business licence holder and/or the associated
business premises.
PART 6: OFFENCES AND PENAL TIES
6.1
Every person who violates any of the provisions of this Bylaw, or who suffers or permits
any act or thing to be done in contravention of any of the provisions of this Bylaw, or
who neglects to do or refrains from doing anything required to be done by any of the
Bylaw No. 14360
Page 6
provisions of this Bylaw, is guilty of an offence and is liable, on summary conviction, to
a fine of up to fifty thousand dollars ($50,000.00).
6.2
If an offence continues for more than one day, a separate offence occurs on each day or
part of a day, and separate fines may be issued for each day or part of a day in respect of
which the offence occurs or continues.
6.3
A violation of any of the provisions identified in this Bylaw shall result in liability for
penalties and late payment amounts established in Schedule A of BURNABY BYLAW
NOTICE ENFORCMENT BYLAW, 2009, and be subject to the procedures, restrictions,
limits, obligations and rights established in BURNABY BYLAW NOTICE
ENFORCMENT BYLAW, 2009 and the Local Government Bylaw Notice Enforcement
Act.
PART 7: SEVERABILITY
7 .1
If any definition, section, subsection, paragraph, subparagraph, clause or phrase in this
Bylaw is held invalid by a Court of competent jurisdiction, the invalid definition, section,
subsection, paragraph, subparagraph, clause or phrase must be severed and the remainder
of this Bylaw is deemed to have been adopted without the severed definition, section,
subsection, paragraph, subparagraph, clause or phrase.
PART 8: COMING INTO FORCE
8. 1
his Bylaw shall come into fo rce and effect on January I , 2022.
Read a first time this 12th day of July, 2021
Read a second time this 30th day of August, 2021
Read a third time this 30th day of August, 2021
Reconsidered and adopted this 20th day of September, 2021
pf~~ ✓
MAYOR