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DISTRICT OF INVERMERE
BYLAW NO. 1537, 2018
A BYLAW TO REGULATE AND PROHIBIT SMOKING IN CERTAIN AREAS OF THE
DISTRICT
WHEREAS it has been determined that second-hand tobacco smoke is a health hazard and
nuisance for many residents and visitors in the District of Invermere;
AND WHEREAS it is desirable for the protection, promotion and preservation of the health of
the residents of the District of Invermere for Council to regulate and prohibit smoking in certain
areas of the District;
AND WHEREAS the District of Invermere 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 District of Invermere enacts as follows:
A. Title
This bylaw may be cited as "District of Invermere Smoking Regulation Bylaw No.1537,
2018."
B. Interpretation
Definitions:
Building Inspector as appointed by the District of Invermere.
Bus Stop means a bus stop zone, designated by curb paint, a bus stop sign or a transit
shelter, for the pick-up and drop-off of passengers using the public transit or resort
shuttle system.
Bylaw Enforcement Officer means any Peace Officer or other person designated by
the District of Invermere.
Council means the Council of the District of Invermere.
District means The Corporation of The District of Invermere.
Dog Off-Leash Park means a park which has been so designated and within which
dogs are permitted to run at large.
Electronic Smoking Device means a vaporizer or inhalant-type device, or a component
of such device, that contains a power source and heating element designed to heat a
substance and produce a vapor intended to be inhaled by the user of the device directly
through the mouth.
Park means any real property owned or subject to the right of occupation by the District
of Invermere for the pleasure, recreation or community uses of the public including
public parks, playgrounds, public squares, pathways, trails, dikes and other public
District of Invermere
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Smoking Regulation Bylaw No.1537, 2018
spaces and all improvements and shall include all other public areas adjacent to lakes,
rivers, streams or land covered by water, but does not include District owned or
controlled parking lots or the travelled portion of a highway or sidewalk unless Smoking
is specifically prohibited under this bylaw by map designation and attached to this bylaw
as a Schedule.
Playground means an area owned by the School District No. 6 to which the public and
particularly children are invited to participate in athletic and recreational activities.
Person means and include persons of either sex, association, partnerships,
corporations, whether acting by himself or herself or by a servant, agent or employee.
Public facility includes, but is not limited to, any outdoor gathering place, buildings and
land owned or operated by the District of Invermere, including but not limited to parks,
playgrounds, sports fields, and community buildings.
Smoke or smoking means the inhaling, exhaling, burning or carrying of a lighted or
heated cigarette, cigar, pipe or other lighted smoking equipment burning tobacco or any
other lighted or heated tobacco or plant product intended for inhalation, including
hookahs and cannabis, whether natural or synthetic, in any manner of in any form.
Smoking also includes the use of an Electronic Smoking Device, or the use of any oral
smoking device for the purpose of circumventing the prohibition of smoking in this bylaw,
but does not include the strictly ceremonial use of tobacco in connection with a
traditional Aboriginal cultural activity.
Trail means any passage way where the public has access to or is invited for the
purpose of providing for pedestrian traffic, equestrian traffic, cycling, electric bicycles,
wheelchairs or medic chairs.
C.
Severability
A decision by a court of competent jurisdiction that any part of this Bylaw is illegal, void or
unenforceable severs that part from this Bylaw and is not to affect the balance of this Bylaw.
D.
Enforcement
The Bylaw Enforcement Officers or the Building Inspector of the District of Invermere shall be
responsible for administration of this Bylaw.
E.
Duty of Administration
The intent of this Bylaw is to set standards in the general public interest, and not to impose a
duty on the District, its employees, Building Inspector or Bylaw Enforcement Officer to enforce
its provisions and:
(a) a failure to administer or enforce its provisions or the incomplete or inadequate
administration or enforcement of its provisions is not to give rise to a cause of action in
favor of any person; and
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Smoking Regulation Bylaw No.1537, 2018
(b) the grant of any approval or permission or issuance of any permit is not a
representation, warranty or statement of compliance with the Bylaw and the issuance
thereof in error is not to give rise to a cause of action.
F.
Regulations
Ban on Smoking
1.
No person shall smoke:
(a) within the area of a park, playground or public facility unless specifically
designated;
(b) within twenty (20) meters of most public or workplace doorways, open-
window, or air-intakes (i.e. a "buffer zone");
(c) within 10 metres of a bus stop;
(d) within the area of a Dog Off-Leash Park;
(e) on any public and private K-12 school grounds; or
(f) within the area of any Trail.
Enforcement of Ban on Smoking
2.
A responsible person must not suffer or allow a person to smoke in any of the
areas specified in section 1.0(a) through (f).
G.
Offences, Penalties and Enforcement
Offences under Bylaw
1.
A person who:
(a) violates any provision of this Bylaw or does any act 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;
(b) neglects to do or refrains from doing anything required to be done by any
provision of this Bylaw; or
(c) fails to comply or allows any other person to fail to comply, with an order or
direction given under any provision of this Bylaw;
(d) is guilty of an offence against this Bylaw and liable to the penalties imposed
under section 4.
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Smoking Regulation Bylaw No.1537, 2018
2.
A person who obstructs a Bylaw Enforcement Officer or Building Inspector in the
performance of his or her duty is guilty of an offence against this Bylaw and
liable to the penalties imposed under section 5.0.
Continuing Offence
3.
If an offence is a continuing offence, each day that the offence is continued
constitutes a separate and distinct offence.
Fines for Offence
4.
Every person who violates any of the provisions of this Bylaw, or who causes,
suffers, or permits any act or thing to be done in contravention or in violation of
any of the provisions 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, is guilty of
committing an offence against this Bylaw and is liable on summary conviction to
a fine of not less than $100.00 and to a maximum, not exceeding the maximum
allowed by the Community Charter, as amended, and the cost of prosecution.
5.
Notwithstanding Section 4, any person who is guilty of obstructing a Bylaw
Enforcement Officer or Building Inspector while performing his or her duties in
relation to this Bylaw is liable on summary conviction to a fine of not less than
$2,000.00, or to imprisonment, or to both a fine and imprisonment, not exceeding
the maximum allowed by the Community Charter, as amended, and the cost of
prosecution.
F.
Enactment
Force and Effect
1. This Bylaw comes into force and takes effect upon adoption.
PREPARED IN CONSULTATION WITH THE MEDICAL HEALTH OFFICER OF THE
INTERIOR HEALTH AUTHORITY PRIOR TO ADOPTION.
DEPOSITED WITH THE PROVINCIAL MINISTRY OF HEALTH day of , 2018.
District of Invermere
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Smoking Regulation Bylaw No.1537, 2018
Read a First Time this 9th day of April, 2018.
Read a Second Time this 8th day of May, 2018.
Read a Third Time this 8th day of May, 2018.
ADOPTED this 22nd day of May, 2018.
signed "Gerry Taft"
signed "Chris Prosser"
_______________________________
_______________________________
MAYOR
C.A.O.
Certified a true copy of Bylaw No., 2018
this ___ day of ________, 20___
_____________________________
Corporate Officer