This is the exact embedded text of the captured official document.
Snapshot eb8cf303c510 · verified 2026-08-28 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE
CITY OF CRANBROOK
BYLAW NO.
3940
Clean Air Bylaw
WHEREAS the City of Cranbrook proposes a bylaw to prohibit smoking in public places in the
City of Cranbrook; and
WHEREAS the City of Cranbrook considers it desirable to protect the health and safety of all
citizens and visitors in the City by prohibiting smoking in specific public places; and
WHEREAS the City of Cranbrook has satisfied the preconditions to adopting this Bylaw set out
in the Public Health Bylaws Regulation, B.C. Reg. 42/2004 as amended from time to time; and
NOW THEREFORE the Municipal Council of the City of Cran brook in open meeting assembled,
hereby enacts as follows:
1.
TITLE
2.
This bylaw may be cited, for all purposes, as "City of Cranbrook Clean Air Bylaw No.
3940, 2018".
DEFINITIONS AND INTERPRETATION
2.1
In this bylaw, unless the context requires otherwise:
City
Outdoor Special
Event
Person
Public Building
Public Municipal
Open Space
Smoke or
Smoking
means The Corporation of the City of Cran brook.
means a community event including but not limited to a
temporary street closure, farmers market, parade, fair and
recreational and/or fundraising events.
includes an individual, partnership, club or association, or
incorporated body, and any of their legal representatives.
means a Building or structure on land owned by the City
means a Park or other outdoor public space which is owned,
controlled or operated by the City for the use of the public.
means to inhale, exhale, burn or carry a lighted cigarette,
electronic cigarette, cigar, pipe, hookah pipe or other lighted
or heated
smoking
equipment that
bums
tobacco,
Cannabis/marijuana or any other weed or substance.
)
Page2
2.2
Bylaw No 3940
Unless otherwise provided, words and phrases used herein have the same
meanings as in the Community Charter, Local Government Act or Interpretation
Act as the context and circumstances may require.
A reference to a statute in this bylaw refers to a statute of the Province of British
Columbia unless otherwise indicated, and a reference to any statute, regulation,
bylaw or other enactment refers to that enactment as it may be amended or
replaced from time to time. In the event of a conflict between this bylaw and a
Provincial enactment, the stricter law prevails.
Words in the singular include the plural and words in the plural include the
singular, and reference to a gender includes both genders and a corporation.
Headings in this bylaw are for convenience only and must not be construed as
defining or limiting the scope or intent.
3.
CLEAN AIR AND SMOKING REGULATION
Prohibitions
3.1
No Person shall Smoke:
(a)
inside a Public Building - including within 7 meters of an entranceway to a Public
Building;
(b)
in a Park - including within a 7 meter buffer zone surrounding the Park;
(c)
in a Public Municipal Open Space -
including within a 7 meter buffer zone
surrounding the Public Municipal Open Space;
(d)
in a City cemetery - including a 7 meter buffer zone surrounding the Cemetery;
(e)
in a transit shelter or a bus stop - including a 7 meter buffer zone surrounding
the transit shelter or bus stop;
(f)
inside a motor vehicle or equipment owned or teased by the City;
(g)
during an Outdoor Special Event, unless exempted as per Section 3.2(b)
(h)
Cannabis in any public municipal right-of-way.
Exceptions to Prohibitions
3.2
This bylaw does not apply to:
(a)
a ceremonial use of tobacco in relation to a traditional Aboriginal cultural activity;
(b)
a designated smoking area established for the purpose of an Outdoor Special
Event with the area being determined by and with the agreement of both the City
and the event organizer;
)
Page 3
Bylaw No 3940
(c)
carrying of lighted incense or other lighted smoking equipment used solely for
ceremonial or religious purposes
4.
PENAL TIES
4.1
Any Person who:
(i)
contravenes any provision of this Bylaw;
(ii)
suffers or permits any act to be done in contravention of this Bylaw; or
(iii)
neglects to do anything required to be done under this Bylaw,
commits an offence and each day that the contravention is continued shall constitute a
separate offence.
4.2
A Person who is guilty of an offence under this Bylaw is liable:
(i)
to pay a fine of up to $10,000 if proceedings are brought under the Offence Act
and the costs of prosecution; and
(ii)
compensation for damage or loss sustained by the City or another Person
resulting from the offence; or
(iii)
to pay a fine of up to $1,000 if the Bylaw is enforced by means of a municipal
ticket information system under Part 8, Division 3 of the Community Chafer.
5.
SEVERABILITY
5.1
If any portion of this bylaw is declared invalid and set aside by a court of
competent jurisdiction, then the invalid portion must be severed and the
remainder of the bylaw shall be valid.
6.
REPEAL OF BYLAWS
The following bylaws are hereby repealed:
6.1
The City of Cranbrook "No Smoking Regulation Bylaw No. 3020, 1991" and all
bylaws enacted in amendment thereto.
)
Page 4
Bylaw No 3940
7.
ADOPTION
Read a first time on this 1st day of October, 2018
Read a second on this 1st day of October, 2018
Read a third time on this 1st day of October, 2018
Adopted this 15th day of October, 2018.
AZ?~
Mayor
Md~
City Clerk