Tobacco & Cannabis Smoking Regulation Bylaw No. 679, 2018

Nakusp, British Columbia

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VILLAGEOF NAKUSP BYLAW679, 2018 TOBACCOAND CANNABISSMOKING REGULATION WHEREASthe Council ofthe Village of Nakusp deems it desirable for the health, safety and welfare of the inhabitants of the Village to prohibit or regulate the smoking tobacco or cannabis. NOW THEREFOREthe Council of the Village of Nakusp, in open meeting assembled, enacts as follows: TITLE 1 This Bylaw may be cited as the "Tobacco and Cannabis Smoking Regulation Bylaw No. 679, 2018". DEFINITIONS 2 In this Bylaw: "Cannabis" has the same meaning as in the Cannabis Act (Canada), as amended or replaced from time to time; "E--Cigarette"means the following (a) A product or device, whether or not it resembles a cigarette, containing an electronic or battery-powered heating elements capable of vapourizing an e-substance for inhalation or release into the air. (b) A prescribed product or device similar in nature or use to a product or device described in paragraph (a) "E--substance"means a solid, liquid or gas, that, on being heated, produces a vapour for use in an e-cigarette, regardless or whether the solid, liquid or gas contains nicotine. "Park" means any real property owned or subject to a right of occupation by the Village for the purposes of pleasure, recreation or community uses of the public including but not limited to public parks, playgrounds, sportsfields, trails, ball diamonds, and all buildings and improvements and shall include all beaches and other public areas adjacent to land covered by water including the waterfront walkway. Bylaw No. 679, 2018 -- Page 2 ''PublicSpace" means any public facilities or buildings, real property; or portions of public facilities or buildings, real property; owned or leased by the Village to which the public is ordinarily invited or permitted to be in or on, and includes, but it is not necessarily limited to, the grounds of public facilities or buildings., "Smoke or vape cannabis" includes the following: (a) Smoke or hold lighted cannabis; (b) Use or hold a device that is vapouring cannabis for inhalation or release into the air (c) Use an e-cigarette or hold an activate e-cigarette containing cannabis "Smoke or vape tobacco" includes the following: (a) Smoke or hold lighted tobacco or other dried plant material, except cannabis; (b) Use or hold a device that is vapouring tobacco or other dried plant material, except cannabis, for inhalation or release into the air (c) Use an e-cigarette or hold an activated e-cigarette "Tobacco" means tobacco leaves or products produced from tobacco in any for or for any use; TOBACCO 3 No person shall smoke or vape tobacco in any park or public space. CANNABIS 4 No person shall smoke or vape cannabis in any park or public space. Read a first, second and third time by the Municipal Council this 28"'day of May, 2018 Adopted by the Municipal Council ofthe Village of Nakusp this 25"'day oflune, 2018 Mayor Chief Administrative Officer