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CITY OF DUNCAN
SMOKE-FREE BYLAWNO. 3179, 2018
A BYLAWTO ESTABLISH SMOKE-FREE AREAS BY REGULATING AND PROHIBITING
ENVIRONMENTAL TOBACCO SMOKE OR OTHER FORMS OF PRODUCTS BEING
SMOKED.
NOW THEREFORE be it resolved that the Council of the City of Duncan, in an open meeting
assembled,
hereby enacts as follows:
1.
TITLE
This Bylaw may be cited as the "Smoke-Free Bylaw No. 3179, 2018."
2.
DEFINITIONS
Burn or Burning means to produce smoke or vapour that can be inhaled.
Bus Stop means a place on a bus route marked by a sign at which buses stop to pick up or
drop off passengers
and includes a transit shelter.
Bylaw Enforcement Of?cer means the person(s) appointed by the City to enforce regulatory
bylaws of the City.
City means the City of Duncan.
City Square means the area immediately surrounding City Hall, including all benches, stage
area, sidewalks and brickwork areas east of Craig Street, south of Ingram, and west of the
Canada Avenue sidewalk and during public or private events shall include Craig Street and
any adjacent sidewalks when closed for event purposes.
Public Facility means lands and buildings held, occupied, zoned or regulated for use by the
public, any outdoor gathering place, buildings and land owned or operated by the City and,
but not limitedto, parks, playgrounds, benches, sports ?elds and the City Square.
Responsible Person means the person who controls, governs or directs the activity carried
on within the building, being the owner, occupier, tenant of a place or premises referred to
in this Bylaw and includes the person actually in charge thereof.
Smoke or Smoking means the burning, inhaling, exhaling, or carrying of a lighted cigarette,
cigar, pipe, lighted smoking device, electronic smoking device, e-cigarette, and any other
ignited smoking equipment to burn any vegetative
matter or any vapour product.
Transit Shelter means a covered structure or facility located at a designated
bus stop to
provide protection from the elements for passengers
waiting for a bus.
Vegetative Matter means matter produced by plants or growing in the manner of a plant.
CITYOF DUNCAN
SMOKE-FREEBYLAWNO. 3179, 2018
3.
REGULATIONS and PROHIBITION
No person shall smoke:
in any park;
in a public facilittr,
in any school yard;
within a six (6) metre area measured on the ground from a point
directly below any point of a doorway, window or air intake; or
withinsix (6) metres of a bus stop measured on the ground from any
point of the bus stop sign.
A responsible person must not suffer or allow a person to smoke in any of the
areas specified in section 3.1 (a) through (e)
Section 3.1 does not apply to a ceremonial use of tobacco in relation to a
traditional aboriginal cultural activity or a film production.
3.1
a)
b)
c)
d)
e)
3.2
3.3
4.
SIGNAGE
4.1
A no smoking sign prescribed by any former City of Duncan Smoking Regulation
Bylaw is a lawful no smoking sign for the purpose of this Bylaw.
4.2
A person willnot remove, alter, conceal, deface, write upon or destroy any no
smoking sign posted pursuant to this Bylaw or any former City of Duncan Smoking
Regulation Bylaw.
5.
OFFENCES and PENALTIES
5.1
The provisions of this Bylaw may be enforced by any Bylaw Enforcement Of?cer.
5.2
A person who:
a)
b)
c)
d)
6)
f)
contravenes,
violates or fails to comply with any provision of this Bylaw, or
thing which violates any provision of this Bylaw, or
allows any other person to do any act or thing which violates any provision of
this Bylaw; or
permits any act or thing to be done in contravention or in violation of any of
the provision of this Bylaw, or
who neglects or refrains from doing anything required to be done by any of
the provisions of this Bylaw, or
who fails to comply with any order, direction or notice given under this Bylaw,
or
g) who fails to do anything required by this Bylaw,
commits an offence and, upon conviction, shall be liable to a fine or penalty of not less
than $100, and not exceeding
$10,000, plus the cost of prosecution.
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CITYOFDUNCAN
SMOKE-FREEBYLAWNO.3179, 2018
5.3
Section 5.1 shall not prevent the City or an authorized person on behalf of the City
issuing and enforcing a ticket under the City's Bylaw Offence Notice Enforcement
Bylaw or the City's MunicipalTicket Information System Implementation Bylaw.
5.4
Where an offence under this Bylaw is of a continuing nature, each day that an
offence continues or is permitted to exist shall constitute a separate
and distinct
offence.
5.5
The penalties imposed under Section 5.2 or 5.3 willbe in addition to and not in
substitution for any other penalty or remedy imposed by this Bylaw or any other
statute, law or regulation.
6.
SEVERABILITY
A decision by a court of competent jurisdiction that any part of this Bylaw is illegal, void or
unenforceable servers that part from this Bylaw and is not to affect the balance of this
Bylaw.
7.
REPEAL
The City of Duncan Smoking Regulation Bylaw No. 3064, 2012 and any amendments are
hereby repealed.
8.
ENACTMENT
READA FIRST TIMETHIS 16"'day of July, 2018.
READA SECOND TIMETHIS 16"'day of July, 2018.
READA THIRDTIMETHIS 16"'day of July, 2018.
DEPOSITED WITHTHE MINISTEROF HEALTHTHIS 15'dayof August, 2018.
ADOPTED THIS 20"'day of August, 2018.
P;gen;
%ayor
Paigeiajacwilliam,
Director of Corporate Services
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