Smoking In the City

Castlegar, British Columbia

This is the exact embedded text of the captured official document. Snapshot 54d1f468c104 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Consolidated to October 15, 2018 City of Castlegar BYLAW 1239 A bylaw to regulate smoking in the City of Castlegar WHEREAS under the provisions of Section 8 (Fundamental Powers) (3)(i) of the Community Charter, Council may regulate persons in respect to public health matters. AND WHEREAS Council considers it is expedient and desirable for the health, safety and welfare of the residents to prohibit smoking in parks and designated public places in the City of Castlegar. NOW THEREFORE the Council of the City of Castlegar, in open meeting assembled, enacts as follows: 1. This bylaw may be cited as "City of Castlegar Smoking Bylaw No. 1239". Definitions 2. In this Bylaw: a. "Bylaw Enforcement Officer" means a person or persons designated or appointed from time to time by Council to enforce this bylaw; b. "City" means the City of Castlegar; c. "Council" means the Council of the City of Castlegar; d. "Public Municipal Open Space" means a park, playing field, tennis court, playground, walkway, path, trail or other outdoor public space which is owned, controlled or operated by the City for the use of pleasure of the public and which is shown on Schedule "A" attached to and forming a part of this bylaw. e. "public place" means any place to which the public has access as of right or by invitation, express or implied, whether or not a fee is charged for entry, and includes Public Municipal Open Spaces. (Bylaw 1278) f. "smoke tobacco" means to inhale, exhale, burn or carry a lighted cigarette, cigar, pipe, hookah pipe, vaping device, e-cigarette, or other lighted or activated electronic smoking device that burns or vapourizes tobacco. (Bylaw 1278) Consolidated to October 15, 2018 g. "smoke cannabis" means to inhale, exhale, burn or carry a lighted cigarette, cigar, pipe, hookah pipe, bong, vaping device, e-cigarette, or other lighted or activated electronic smoking device that burns or vapourizes cannabis or other weed or substance. (Bylaw 1278) Prohibitions 3 (1) No person shall smoke tobacco in an area posted as non-smoking in a Public Municipal Open Space listed in Schedule "A" attached to and forming part of this Bylaw. (2) No person shall smoke cannabis in or on any public place in the City. (Bylaw 1278) Exception 4. Section 3 does not apply to the ceremonial use of tobacco in a traditional Aboriginal cultural ceremony. Offence 5. Anyone who violates any section of this bylaw, or who neglects to or refrains from doing anything required to be done by a provision of this bylaw, is guilty of an offence. 6. 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 this bylaw, or who refuses, or omits or neglects to fulfil, observe, carry out or perform any duty or obligation imposed by this bylaw commits an offence and is liable on summary conviction to a fine of not less than Two Thousand Dollars ($2000.00) or more than Ten Thousand Dollars ($10,000.00). (Bylaw 1278) 7. The Bylaw Enforcement Officer and the RCMP are designated to enforce this bylaw pursuant to Part 8 of the Community Charter, SBC 2003, C.26. 8. If any part of this bylaw is held to be invalid by a court of competent jurisdiction the involved part is severed and the remaining parts of the bylaw continue to be valid. 9 This bylaw shall take effect upon the date of its adoption. Consolidated to October 15, 2018 READ A FIRST TIME this 6th day of June, 2016. READ A SECOND TIME this 6th day of June, 2016. READ A THIRD TIME this 6th day of June, 2016. DEPOSITED WITH THE MINISTER OF HEALTH this 7th day of June, 2016. ADOPTED this 20th day of June, 2016. ________________________ Lawrence D. Chernoff Mayor ________________________ Tracey Butler Director of Corporate Services List of Amending Bylaws: 1278 October 15, 2018 Consolidated to October 15, 2018 Schedule "A" Castlegar Parks Park Address Millenium Park 110-5th Street, 35-5th Street 301 2nd Avenue, 101 5th Street, 220 5th Street 402 8th Street, 404 8th Street Zuckerberg Island Kinsmen Park 206 10th Avenue Lakeview Street Park 201 & 203 Lakeview Street Zinio Park 801 843 9th Avenue Complex Ball/Soccer fields Tennis Courts 6th Avenue Tamerlane Park 1321 Forest Road Branson Park 2404/ 2412 6th Avenue Kinnaird Park 2501 14th Avenue /1251 26th Street 9th Avenue Park 2640 9th Avenue Dumont Park 2916 1st Avenue Cone Hill Park 3500 10th Avenue Twin Rivers Neighborhood Park Tot Lot 9th Avenue Blueberry Park 215 102nd Street