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The City of Langley
"The Place To Be!"
SMOKING REGULATION BYLAW NO. 2792
A Bylaw to provide for the protection, promotion and preservation of health of City of
Langley residents and to regulate and prohibit smoking in the City.
DISCLAIMER - THIS BYLAW IS CONSOLIDATED FOR CONVENIENCE ONLY. THE CITY
DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THIS CONSOLIDATION
IS CURRENT. IT IS THE RESPONSIBILITY OF THE PERSON USING THIS
CONSOLIDATION TO ENSURE THAT IT ACCURATELY REFLECTS CURRENT BYLAW
PROVISIONS.
Consolidated as of January 16, 2019
TABLE OF CONSOLIDATION
BYLAW
SUBJECT MATTER
Bylaw No. 2988, Amendment No. 1
Add Electronic Smoking Device
Bylaw No. 3047, Amendment No. 2
-
Increase no smoking buffer zone to
6 metres
-
include cannabis in definition of
smoke and smoking
-
limit the areas where smoking is
permitted in Parks, Public Facilities
THE CITY OF LANGLEY
"The Place To Be!"
SMOKING REGULATION BYLAW NO. 2792
A Bylaw to provide for the protection, promotion and preservation of health of
City of Langley residents and to regulate and prohibit smoking in the City.
The Council of the City of Langley, in open meeting assembled, enacts as
follows:
1. Title
This bylaw shall be cited as the "Smoking Regulation Bylaw, 2010, No. 2792".
2. Definitions
(1) "Building" means any structure used or intended for supporting or
sheltering any use or occupancy;
(2) "Business" means a business, trade, profession, or other occupation for
which a person must obtain a licence under the Business Licence and
Regulation Bylaw;
(3) "Cannabis" has the same meaning as in the Cannabis Control and
Licensing Act.
(4) "City" means the City of Langley;
(5) "Common Areas" include lobbies, foyers, stairwells, elevators, corridors,
cloakrooms, washrooms, food fair seating areas and other public areas of
a Building.
(6) "Customer service area" means a partially enclosed or unenclosed area,
including a balcony, patio, yard or sidewalk, that is part of or connected to
or associated with the Business or use in a Building or premises that
includes the service of food or alcoholic drinks to customers or other
persons for consumption on site.
(7) "Electronic Smoking Device" means a vaporizer or inhalant-type device or
a component of such a device, that contains a power source and heating
element designed to heat a substance and produce a vapour intended to
be inhaled by the user of the device directly through the mouth.
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Bylaw No. 2792
(8) "Enclosed Premises" means Premises that are enclosed on all sides,
except for windows, doors and other similar openings, but does not
include a dwelling unit or sleeping unit as defined in the City's Zoning
Bylaw 1996, No. 2100, or a hotel or motel room or suite designated for
Smoking by a Responsible Person.
(9) "Park" means a Park as defined in the City's Parks and Public Facilities
Regulation Bylaw, 2018, No. 3048.
(10) "Premises" means a portion of a Building in respect of which a person
has exclusive possession.
(11) "Public Facility" means a Public Facility as defined in the City's Parks and
Public Facilities Regulation Bylaw, 2018, No. 3048.
(12) "Partially Enclosed Shelter" means a Building or other structure located
on City property and constructed near a bus stop to provide seating
and/or protection from the weather for the convenience of waiting
passenger.
(13) "Representative of the City" means the administrative manager
responsible for Parks administration or Public Facilities within the City or
his designate; and for the purpose of enforcing the provisions of this
bylaw, also includes:
(a)
a peace officer; and
(b)
a bylaw enforcement officer appointed by the City.
(14) "Responsible Person" means a person who owns, controls, manages,
supervises or operates:
(a) a Business or other use which occupies all or substantially
all of a Building,
(b) a Business or other use which occupies Premises,
(c) Common Areas,
(d) a Customer Services Area, or
(e) a Vehicle for Hire;
and, in respect of Common Areas, includes a strata corporation
or cooperative association.
(15) "Smoke" or "Smoking" means to
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Bylaw No. 2792
(a) burn, light operate, or activate a cigarette, cigar, pipe,
electronic smoking device, hookah pipe or other smoking
equipment that burns tobacco, Cannabis or other substance;
or
(b) carry or hold a lit cigarette, cigar or pipe.
(16) "Smoking Area" means those areas designated and signed for Smoking
tobacco.
(17) "Vehicle" means the interpretation under the Motor Vehicle Act R.S.B.C.
1996, c 318.
(18) "Vehicle for hire" means a Vehicle used for the carrying, transportation
or conveyance of persons or property for hire and includes a taxi cab,
limousine, bus or tow car.
3. Duty of Administration and Enforcement
(1) The intent of this bylaw is to set standards in the general public interest,
and not to impose a duty on the City or its employees 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 favour of any person; and
(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.
4. Prohibitions
"(1)
A person must not Smoke:
(a)
in a Building, except in:
(i)
a dwelling unit or sleeping unit defined under
the Zoning Bylaw, including a dwelling unit in
which an owner or occupier also carries on
Business;
(ii)
a hotel or motel room or suite designated for
Smoking by a Responsible Person; or
(iii)
Enclosed Premises:
a. that are not open to the public; and
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Bylaw No. 2792
b. where the only occupants of the Building
are the owner or owners of the Business
carried on in the Building;
(b) in an enclosed or Partially Enclosed Shelter where
people wait to board public transit;
(c) within six metres measured on the ground from a point
directly below any point of any opening into any
Building, including any door or window that opens or any
air intake;
(d) in a Customer Service Area;
(e) within six metres of the perimeter of a Customer Service
Area;
(f) Cannabis in a Vehicle;
(g) tobacco or any other substance, except for Cannabis
which is governed by s. 4(1)(f) of this bylaw, in a
Vehicle, if any occupant of the Vehicle is under the age
of sixteen (16) years;
(h) in a Vehicle for Hire;
(i) Cannabis in any area that may be frequented by
children, including but not limited to Parks and Public
Facilities; or
(j) tobacco in Parks and Public Facilities, except within
designated Smoking Areas."
5. Enforcement of Prohibitions
(1) Except as permitted by section 4(1)(a), a Responsible Person must not
Smoke or allow a person to Smoke in:
(a) a Building;
(b) within six metres measured on the ground from a point directly
below any point of any opening into any Building, including any
door or window that opens or any air intake;
(c) a Customer Service Area;
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Bylaw No. 2792
(d) within six metres of the perimeter of a Customer Service Area;
(e) Premises;
(f) Common Areas;
(g) a Vehicle for Hire.
6. Signage
(1) Where Smoking is prohibited by section 4(1), a Responsible Person
must place, as applicable, a clearly visible sign at every entrance to the
Building or area.
(2) The sign must bear the message:
"THIS IS SMOKE FREE ENVIRONMENT - NO SMOKING"
in letters not less than 15 mm high on a background of contrasting colour.
(3) A person must not remove, alter, conceal, deface or destroy any sign
required under this bylaw.
7. Notice of Violations
(1) A Representative of the City, may give notice to any person ordering or
directing that person to:
(a) discontinue or refrain from doing anything that contravenes this bylaw; or
(b) carry out any work or do anything to bring any land or Building into
conformity with this bylaw;
within the time specified in such notice.
8. Service of Notice
(1) A Representative of the City may serve a notice under this bylaw:
(a) by mailing it by registered post to an owner who is the addressee of the notice
at the address of the owner shown on the real property assessment roll
prepared pursuant to the Assessment Act;
(b) by handing it to the person who is the addressee of the notice; or
(c) if the notice refers to real property, by posting it on the real property.
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Bylaw No. 2792
9. 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 suffers 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, suffers or allows any other person to fail to comply, with an
order, direction or notice given under any provision of this bylaw;
is guilty of an offence against this bylaw, and liable to the penalties imposed
under section 10.
10. Penalties
(1) Every person who commits an offence against this bylaw is punishable on
conviction by a fine of not less than $50.00 and not more than $2000.00 for each
offence.
(2) Where an offence is a continuing offence, each day that the offence is continued
shall constitute a separate and distinct offence.
11. Severability
(1) If any portion of this bylaw is declared invalid by a court of competent jurisdiction,
then the invalid portion must be severed and the remainder of the bylaw is
deemed valid.
12.
Force and Effect
(1) This bylaw shall come into force and effect on July 1, 2010.
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Bylaw No. 2792
READ A FIRST, SECOND and THIRD TIME this twenty first day of June, 2010.
RECEIVED BY THE MINISTRY OF HEALTH FOR DEPOSIT the fifth day of July,
2010.
FINALLY ADOPTED this 19th day of July, 2010.
_________________________
MAYOR
_________________________
CORPORATE OFFICER