Smoke- and Vape-free Places Bylaw No. 2054 — full text, Grand Forks, British Columbia

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THE CORPORATION OF THE CH-Y OF GRAND FORKS BYLAW NO. 2054 A Bylaw to Designate Smoke- and Vape-free Places in the City of Grand Forks The Council for the Corporation of the City of Grand Forks, in open meeting assembled, ENACTS as follows: Citation 1. This bylaw may be cited as the "Smoke- and Vape-free Places Bylaw 2054." Definitions 2. In this bylaw, unless the context requires otherwise: 2.1 "Bylaw Enforcement Officer" means the person duly appointed by Council as such, and shall include any peace officer. 2.2 "Cannabis" means cannabis as defined in the Cannabis Act (Bill C-45, an Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts). 2.3 "City" means the City of Grand Forks. 2.4 "Community Facility" means a building, lands or recreation facility including but not limited to recreation centers, arenas, picnic shelters and other recreation facilities located in a Park or on any other land which the City owns or controls by means of a lease, licence or other legal instrument that is intended for athletic, social, cultural, recreational, or other use by members or visitors to the community. 2.5 "Entranceway" includes but is not limited to doorways, verandahs, stairways, air intake systems and windows. 2.6 "Municipal Ticket Information Bylaw" means the City of Grand Forks Municipal Ticket Information Bylaw No. 1957 as amended or replaced from time to time; Smoke- and Vape-Free Places Bylaw 2054 2.7 "Outdoor Public Event" means any event where the public is invited to gather on any outdoor area of City owned, controlled or operated property, including any park, public square or street, including, but not limited to: 2.7.1 a market, contest, festival, celebration, fair, exhibition or concert; 2.7.2 an outdoor public event on any City owned, controlled or operated property that is leased to a third party; or 2.7.3 any event for which a City rental or use permit is required 2.8 "Outdoor Public Space" means any outdoor area owned, controlled, or operated by the City that is open to the public or to which the public is customarily admitted or invited, including but not limited to: 2.8.1 Park, 2.8.2 sports venue, stadium, or sports facility, 2.8.3 outdoor recreational facility, 2.8.4 utility easement, 2.8.5 cemetery, 2.8.6 public streets, when used as part of an outdoor public event. 2.9 "Park" means any real property owned or subject to a right of occupation by the City for the purposes of pleasure, recreation, or community uses of the public, including all dedicated public parks, Municipal Hall grounds, or other lands used for public parks, or any playground, sports court or field, public square, beach, boulevard or cemetery within the corporate limits of the City of Grand Forks; 2.10 "Prescribed Distance" means the distance specified in B.C. Reg. 232/2007 (Tobacco and Vapour Products Control Regulation), including all amendments and replacements thereto, as the distance from a doorway, window, or air intake in which a person must not Smoke, or 6 metres, whichever is greater. 2.11 "Public Premise" means all or any part of a building, structure or other enclosed area to which members of the public have access as of right or by express or implied invitation. 2.12 "Public Vehicle" means a bus, taxi or other vehicle that is used to transport members of the public for a fee. 2.13 "Responsible Person" means a person who owns, controls, manages, or supervises a business, building, premises, common area, customer service area, place of public assembly, or a vehicle for hire, and without limitation, includes an operator and the driver of a vehicle for hire. .Smoke- and Vape-Free Places Bylaw 2054 2.14 "School Property" means property that is owned or leased by, or operated under the authority of, a board established under the School Act or the Independent School Act, and used for delivering educational programs or other learning programs, and includes real property and improvements. 2.15 "Smoke" or "Smoking" means to inhale, exhale, burn or carry a(n): 2.15.1 lighted cigarette, cigar, pipe, hookah pipe, other lighted or heated smoking equipment that burns tobacco, Cannabis or any other weed or substance, but does not include the carrying of lighted incense or other lighted smoking equipment used solely for ceremonial or religious purposes, or 2.15.2 activated electronic cigarette. 2.15 "Trail" means any pathway or trail and all improvements, including all public sections of the Trans-Canada Trail, within the corporate limits of the City of Grand Forks but does not include the travelled portion of a Highway; Smokinci Regulation 3. No Person may Smoke: 3.1 In a Public Premise or a Public Vehicle, 3.2 In, on, or within the Prescribed Distance of a: 3.2.1 Community Facility, 3.2.2 Outdoor Public Space, 3.2.3 Park, 3.2.4 Trail, 3.2.5 Picnic area, 3.2.6 School Property, 3.2.7 playground or playing field, 3.2.8 skateboard or bike park, 3.2.9 public tennis court or swimming pool lot, 3.2.10 community garden, 3.3 within the Core Commercial (CC) zoned area of Market Avenue between Riverside Drive and 5th Street (excluding alleys and private parking lots), 3.4 on public sidewalks, 3.5 on a City street when used as part of an Outdoor Public Event, 3.6 inside, or within the Prescribed Distance of an Entranceway to, any public building or space in which the City owns or holds an interest, 3.7 inside, or within the Prescribed Distance of an Entranceway to, a Public Premise or workplace, 3.8 inside a motor vehicle or equipment owned, leased, or used by the City. Smoke- and Vape-Free Places Bylaw 2054 4. This Bylaw does not apply to: 4.1 an area specifically designated by the City as a smoking area, 4.2 the ceremonial use of tobacco in relation to a traditional Aboriginal cultural activity, or 4.3 carrying of lighted incense or other lighted smoking equipment used solely for ceremonial or religious purposes. Signs 5. A No Smoking sign shall: 5.1 Carry the text "No Smoking or Vaping", or "Smoking and Vaping is Prohibited", and/or 5.2 A graphic symbol consistent with ISO 7010 (P002) or ANSI Z535 (P002), and shall 5.3 include in the text at the bottom of each sign the words: "Grand Forks Smoke- and Vape-Free Places Bylaw No. 2054" 5.4 with respect to size of lettering of either "No Smoking or Vaping" or "Smoking and Vaping is Prohibited", shall be not less than the following height based upon the maximum viewing distance in direct line of sight for: 5.4.1 3.0 metres or less, letter height of 1 centimetre; 5.4.2 6.0 metres or less, letter height of 3 centimetres; 5.4.3 12 metres or less, letter height of 7.5 centimetres; 5.4.4 More than 12 metres, letter height of not less than 7.5 centimetres. 6. A Responsible Person shall post and maintain a sign in a conspicuous position at all times at the: 6.1 main entrance to a Public Building, 6.2 main entrance to a Park, 6.3 main entrance to a Public Municipal Open Space, 6.4 main entrance to a School Yard, 6.5 main entrance at a Place of Assembly, 6.6 main entrance to a Cemetery. .Smoke- and Vape-Free Places Bylaw 2054 7. The international symbols described in section 5.2, while depicting a cigarette, shall mean that any form of Smoking, as defined in this bylaw, is prohibited in relation to that area. 8. A Person shall not remove, alter, conceal, deface or destroy any sign posted in accordance with this Bylaw. Offences and Penalties 9. A Person who violates a provision of this Bylaw will be liable for penalties and late payment amounts established in the City's Municipal Ticket Information Bylaw. 10. A Person who contravenes, violates, or fails to comply with any provision of this Bylaw is deemed to have committed an offence under this Bylaw, and each day such offence continues or is permitted to continue shall constitute a separate offence. 11. A Person who commits an offence under this Bylaw shall be liable on summary conviction to a fine not exceeding $2,000 for each offence. 12. If a Bylaw Enforcement Officer has determined that a Person has violated a provision of this Bylaw, that Person must, when requested by the Bylaw Enforcement Officer, provide their name and address to the Officer. 13. Bylaw Enforcement Officers are designated to enforce this Bylaw by means of the Bylaw Notice under the Community Charter. 14. No Person shall interfere with, delay, obstruct, or impede the Bylaw Enforcement Officer, designate, or other person lawfully authorized to enforce this Bylaw in the performance of duties. 15. The Bylaw Enforcement Officer has the right to enter at all reasonable hours any land or building to which this Bylaw applies in order to ascertain whether the provisions of this Bylaw are being complied with. .Smoke- and Vape-Free Places Bylaw 2054 General 16. Any enactment referred to herein is a reference to an enactment of British Columbia and regulations thereto, as amended, revised, consolidated or replaced from time to time. 17. If any part, section, sentence, clause, phrase or word of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder which shall continue in full force and effect and be construed as if the Bylaw had been adopted without the invalid portion. Read a first, second, and third time on the 21st day of May, 2019. Adopted this 24th day of June,2019. Corporate Officer - Daniel Drexler .Smoke- and Vape-Free Places Bylaw 2054 APPENDIX "A" Sample No Smoking Sign NO SMOKING ORVAPING Grand Forks Smoke- and Vape-Free Places Bylaw No. 2054 -Smoke- and Vape-Free Places Bylaw 2054 SCHEDULE 13 Bylaw No. 2054 "Grand Forks Smoke- and Vape-Free Places Bylaw" COLUMN 1 COLUMN 2 COLUMN 3 Offence Smoking in a prohibited area Remove, alter, conceal, deface or destroy any sign posted in accordance with this Bylaw Failure to provide identification to Bylaw Officer Interfere with, delay, obstruct, or impede the Bylaw Enforcement Officer in the performance of duties. Section 3 8 12 14 Fine $ 50.00 $ 50.00 $100.00 $100.00