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TOWN OF GIBSONS
BYLAW NO. 1230, 2016
A Bylaw to regulate smoking within the Town of Gibsons
WHEREAS the Community Charter authorizes Council may, by bylaw, to regulate, prohibit
and impose requirements in relation to, among others, public health;
AND WHEREAS it has been determined that second-hand tobacco smoke is a health hazard
and nuisance for many inhabitants of and visitors to the Town of Gibsons;
AND WHEREAS the Town of Gibsons has satisfied the preconditions to adopting this Bylaw
set out in the Public Health Bylaws Regulation, B.C. Reg. 42/2004;
NOW THEREFORE the Council of the Town of Gibsons in open meeting assembled enacts
as follows:
PART 1.
INTRODUCTION
1.
Citation
This Bylaw may be cited for all purposes as the "Smoking Control Bylaw No. 1230, 2016".
2.
Definitions
In this Bylaw:
Building means a structure, located on the ground, which is designed, erected, or intended
for the support, enclosure, or protection of persons or property.
When a structure is
separated by party walls located upon lot lines, then each portion of such structure shall be
deemed a separate building;
Bylaw Enforcement Officer means a delegate of the provincial Medical Health Officer, an
provincial Environmental Health Officer, a Town Bylaw Enforcement Officer, or a Royal Canadian
Mounted Police officer;
Council means the Municipal Council of the Town of Gibsons;
Common Area includes, but is not limited to, lobbies, foyers, stairwells, elevators, corridors,
cloakrooms, washrooms, food fair seating areas, and other public areas of a building;
Fully or Substantially Enclosed means a building or structure, vehicle or any other place
having a roof or other covering where more than 50% of the wall space is enclosed by any
material that does not permit air to flow easily through it;
Liquor Primary Licensed Establishments means establishments licensed primarily to serve
liquor as defined by the B.C. Liquor Control and Licensing Branch;
Operator means any person who, as owner, proprietor, lessee, manager, employee, or
otherwise, carries on the operation of a facility or business, and includes any person
managing or supervising such facility or business;
Outdoor Customer Service Area means a part of private or public property located
immediately outside of a restaurant, retail food service, neighbourhood public house or
licensed lounge whether partially enclosed or unenclosed, including a balcony, patio, yard, or
sidewalk that is connected to or associated with a business or use in a building or premises
that includes the service of food or beverages, which may include alcoholic drinks, to
customers or other persons for consumption on site;
Outdoor Venue means a place that is not fully or substantially enclosed and is used for the
assembly or persons for such purposes as worship, entertainment, recreation, business or
amusement;
Park means any real or personal property owned by the Town used for park and recreation
purposes and includes all buildings and structures situated thereon;
Personal Service Establishment means a barbershop, beauty shop, drycleaner, laundromat
or shoe repair shop and includes the sale of goods where the sale of goods is auxiliary to the
provision of a service;
Place of Public Assembly means a building or structure used for the assembly of persons
for such purposes as deliberation, education, worship, entertainment, recreation, business or
amusement, including a shopping mall and a bingo hall, but does not include a restaurant or a
private residential dwelling;
Restaurant means a dining establishment where food is sold to the public for immediate
consumption within the premises, but where no provision is made for the consumption of food
in motor vehicles which are parked on the same site;
Retail includes the operation of retail stores, bakery shops, auction rooms, supermarkets,
greenhouses and nurseries, but does not include the operation of service stations and car
washes;
Retail Establishment means a building, structure, or other place where goods or services are
exposed or offered for sale by retail;
Responsible Person means a person who owns, controls, manages, supervises, operates,
or holds:
(a)
a business or other use that occupies all or substantially all of a building;
(i)
a business or other use that occupies premises;
(ii)
an outdoor customer service area;
(iii)
a common area;
(iv)
a vehicle for hire; or
(v)
a permit for any outdoor public event or activity that the Town has authorized
by the issuance of a permit and to which this bylaw applies;
(vi)
and, in respect of a common area, includes a strata corporation or
cooperative association;
Smoke or Smoking means to inhale, exhale, burn or carry a lighted cigar, cigarette,
electronic cigarette, pipe or other lighted smoking equipment that burns or vaporizes tobacco
or other weed or substance but does not include the ceremonial use of tobacco in connection
with a traditional aboriginal cultural activity;
Structure means an erection or construction of any kind whether fixed to, supported by or
sunk into land or water;
Town means the Town of Gibsons or the area within its boundaries, as the context may
require;
Transit Shelter means a building or other structure located on Town property and
constructed near a bus stop to provide seating and/or protection from the weather for the
convenience of waiting passengers;
Vehicle for Hire means a vehicle for hire.
PART2.
GENERAL SMOKING RESTRICTIONS
A person must not smoke:
1)
in a building, except in:
(a)
a dwelling unit other than a dwelling unit in which a business to which
employees or the public are invited is carried on therein;
(b)
a hotel or motel room or suite designated for s making by a responsible
person;
( c)
enclosed premises:
(i)
that are not open to the public, and
(ii) where the only occupants are the owner or owners of the business
carried on in the premises;
2)
in a vehicle for hire;
(a)
in any public transit vehicle, including a school bus, passenger bus, taxi,
water taxi, or ferry;
(b)
in or within 7 .5 metres of a building, transit stop or transit shelter where
people wait to board a vehicle for hire or public transit vehicle, provided
that, subject to the other provisions of this Bylaw;
3)
within 7 .5 metres measured on the ground from a point directly below any
opening into any building including any door or window that opens or any air
intake.
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PART3.
SMOKING IN PARKS AND OTHER MUNICIPAL PROPERTY
A person must not smoke in or within 7.5 metres of:
1)
any park, public beaches and public trails;
2)
the grounds of any Town building used for public recreation.
PART 4.
DUTIES OF RESPONSIBLE PERSON
Except as permitted in Part 2 subsection 1 (a), a responsible person must not suffer or allow a
person to smoke in:
1)
a building or outdoor customer service area;
2)
a common area or premises;
3)
a vehicle for hire,
in each case, that is owned, controlled, managed, supervised, operated or held by that
responsible person.
PART 5.
SIGN REQUIREMENTS
A responsible person must display a sign at all times:
1)
on any advertisement or poster promoting a public event on Town property for
which the Town has authorized by a permit, stating:
"THIS IS A SMOKE FREE EVENT. NO SMOKING PLEASE".
PART6.
CONDITION OF SIGNS
A person must not remove, alter, conceal, deface or destroy any sign required under this Bylaw.
PART 7.
POWER TO INSPECT
A Bylaw Enforcement Officer has the right of entry and may enter at all reasonable hours onto
any land or into any building to which this Bylaw applies in order to ascertain whether the
provisions of this Bylaw are being complied with.
PARTS.
OBSTRUCTION
A person must not interfere with, delay, obstruct or impede a Bylaw Enforcement Officer or
designate or other person lawfully authorized to enforce this Bylaw in the performance of
duties under this Bylaw.
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PART9.
OFFENCE, PENAL TIES AND ENFORCEMENT
1.
Every person or proprietor who offends against any of the provisions of this Bylaw, or,
who suffers or permits any act or thing to be done in contravention or violation of the
provisions of this Bylaw, or neglects to do or refrains from doing anything required to be
done by this Bylaw, shall be deemed to have committed an offence under this Bylaw and
shall be liable to fines specified under the Bylaw Notice Enforcement Notice Bylaw
No.1125, 2010.
2.
Pursuant to Section 264 of the Community Charter, S.B.C. Chapter 26, any person
designated as a Bylaw Enforcement Officer is hereby authorized and empowered to
enforce the provisions of this Bylaw by Bylaw Enforcement Notice or as otherwise
provided by this or any other bylaw of the Town of Gibsons.
PART 10.
SEVERABILITY
If any section, subsection or clause of this Bylaw is for any reason held to be invalid by the
decision of a court of competent jurisdiction, such decision will not affect the validity of the
remaining portions of this Bylaw.
PART 11.
REPEAL
"Non-Smoking Areas Bylaw No. 622, 1990" is repealed.
PART 12.
EFFECTIVE DATE
This Bylaw comes into force and effect six (6) months from the date of approval by the
Minister of Health.
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READ A FIRST TIME this the
19th
day of
April, 2016
READ A SECOND TIME this the
19th
day of
April, 2016
READ A THIRD TIME as amended this the
21st
day of
June,2016
DEPOSITED at the Minister of Health
30th
day of
August, 2016
ADOPTED THIS the
18th
day of
October, 2016
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