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CORPORATION OF THE CITY OF NEW WESTMINSTER
SMOKING CONTROL BYLAW NO. 6263, 1995
EFFECTIVE DATE: AUGUST 28, 1995
CONSOLIDATED FOR CONVENIENCE ONLY
(September 20, 2018)
This is a consolidation of the bylaws listed below. The amendment bylaws have
been combined with the original bylaw for convenience only. This consolidation
is not a legal document. Certified copies of the original bylaws should be
consulted for all interpretations and applications of the bylaws on this subject.
AMENDMENT BYLAW
EFFECTIVE DATE
No. 6282
October 16, 1995
No. 6340
August 26, 1996 (effective March 1/97)
No. 6745
June 10, 2002
No. 6974
November 1, 2004
No. 7583, 2014
January 1, 2015
No. 8048 2018
September 17, 2018
The bylaw numbers highlighted in this consolidation refer to the bylaws that
amended the principal Bylaw No. 6263, 1995. The number of any amending
bylaw that has been repealed is not referred to in this consolidation.
CORPORATION OF THE CITY OF NEW WESTMINSTER
SMOKING CONTROL BYLAW NO. 6263, 1995
A Bylaw to regulate smoking
WHEREAS it has been determined that second-hand tobacco smoke,
being exhaled smoke and the smoke from idling cigarettes, cigars and pipes, is a
health hazard and discomfort for many inhabitants of the City;
AND WHEREAS it is desirable for the protection, promotion and
preservation of the health, safety and welfare of the inhabitants of the City to
regulate smoking to the extend provided herein;
THE CITY COUNCIL of the Corporation of the City of New Westminster in
open meeting assembled HEREBY ENACTS AS FOLLOWS:
TITLE
1.
This Bylaw may be cited for all purposes as "Smoking Control Bylaw No.
6263, 1995".
DEFINITIONS
2.
In this Bylaw:
Bylaw No. 6340, 1996 (deletes "health care facility")
Bylaw No. 8048, 2018
(a)
"e-substance" is a gas, liquid or solid that, upon being heated,
produces a vapour for inhalation in an e-cigarette or other device;
(b)
"office workplace" means:
(i)
any enclosed area of a building in which clerical,
professional or business services are performed including all
enclosed areas necessarily incidental to the performance of
those services and without limiting the generality of the
foregoing, includes:
a.
all private office areas,
b.
common work areas,
c.
conference and meeting rooms,
d.
classrooms,
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e.
reception areas,
f.
hallways,
g.
restrooms, and
h.
employee lunchrooms
located in office buildings, health care facilities, libraries, museums,
hospitals, and retail premises; and
(ii)
company vehicles operated in conjunction with the
performance of a clerical, professional or business service;
but does not include staff cafeterias falling within the definition of
"restaurant" herein.
Bylaw No. 6340, 1996 (deletes "Patient Care Area")
(c)
"personal services establishment" means an establishment in which
a person provides a service to or on the body of another person
and includes, but is not limited to, a barber shop, beauty parlour,
health spa, massage parlour, tattoo shop, sauna, steam bath, and
tanning salon;
Bylaw No. 6282, 1995; 6340, 1996; 8048, 2018
(d)
"place of public assembly" means a building or portion thereof used
for the gathering together of persons for the purpose of
deliberation,
education,
worship,
entertainment,
recreation,
business, professional seminars or amusement;
(e)
"proprietor" means the owner, or his agent or representative, of a
premises or a taxicab and includes any person in charge of the
premises or taxicab or anyone who controls, governs or directs the
activity carried on in the premises or taxicab;
Bylaw No. 6340, 1996; 8048, 2018
(f)
"restaurant" means any food service establishment as defined in
the Food premises regulation enacted pursuant to the Public
Health Act SBS 2008 as amended from time to time;
Bylaw No. 8048, 2018
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(g)
"smoke
or
smoking"
includes
inhaling,
exhaling,
burning,
vapourizing or carrying of a lighted cigar, cigarette, pipe or lighted
smoking or electronic vaping equipment of tobacco or any other
weed, plant or e-substance.
BYLAW NO. 6340, 1996
PROHIBITION
3.
No person shall smoke:
(a)
in a service line;
(b)
at a service counter;
(c)
in a public transportation facility or vehicle, including but not limited
to a school bus, a public bus, the "Sky Train", a transit shelter or
waiting room relating to any form of transportation;
(d)
on an elevator, escalator or inside stairway;
(e)
in a restroom generally used by and open to the public;
(f)
in any retail premises;
(g)
in a taxicab;
(h)
in a personal services establishment;
(i)
in a place of public assembly;
(j)
in an office workplace;
(k)
in a common hallway, passageway, lobby, laundry room or exercise
room in a multi-residential premises;
(l)
in a restaurant;
BYLAW NO. 7583, 2014
(m)
in a bowling alley;
(n)
in a billiard hall;
BYLAW NO. 7583, 2014
(o)
on the outdoor patio of any restaurant, public house or other place
of business serving refreshments or food to the public;
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BYLAW NO. 7583, 2014
(p)
within 7.5 metres of any opening into a building, including any door
or window that opens and any air intake; or
BYLAW NO. 7583, 2014
(q)
within 15 metres of an outdoor sports field, skate park, playground,
lacrosse box, lawn bowling green, stadium, picnic area, water park,
wading pool, swimming pool or off-leash dog area within a City
park.
EXEMPTIONS
4.
The provisions of this Bylaw do not apply to private residential premises.
Bylaw No. 6974, 2004
Bylaw No. 8048, 2018 - Deletes Section 5
BYLAW NO. 6282, 1995 & 6340, 1996
BINGO PARLOURS AND CASINOS
Bylaw No. 8048, 2018 - Deletes Section 6
5.
Commencing January 1, 2000, no person shall smoke and no proprietor
shall permit smoking in a bingo parlour or casino.
BYLAW NO. 6340, 1996
PUBLIC HOUSES, COCKTAIL LOUNGES, CABARETS AND BARS
Bylaw No. 8048, 2018 - Deletes Section 7
6.
Commencing January 1, 2000, no person shall smoke and no proprietor
shall permit smoking in a public house, cocktail lounge, cabaret or bar.
BYLAW NO. 7583, 2014
6.1
Building owners shall take reasonable measures to enforce paragraph
3(o) of this bylaw.
BYLAW NO. 6340, 1996
NO-SMOKING SIGNS
BYLAW NO. 7583, 2014
7.
Every:
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(a)
proprietor of a premise, taxicab, vehicle, facility, place or enclosed
area of any kind where smoking is prohibited; or
(b)
building owner subject to paragraph 3(p) of this bylaw
shall prominently display a sufficient number of no-smoking signs, in
accordance with Section 8 of this Bylaw, so as to be clearly visible to all
persons located in the areas where smoking is prohibited and no
proprietor or owner of a building shall permit smoking in any area where
smoking is prohibited.
8.
Where this Bylaw requires a person to display signs in accordance with
this Section, the signs shall display:
(a)
the phrase "no smoking", or
(b)
a graphic symbol which clearly illustrates that smoking is not
permitted; and may include
(c)
the words "City of New Westminster Bylaw No. 6263, 1995,
Maximum Penalty $2,000.00".
BYLAW NO. 7583, 2014
8.1
With respect to paragraph 3(p) of this bylaw, the signs shall display the
phrase:
No Smoking within 7.5 metres of doors, windows or air intakes to
this building;
And shall be located at the main entrance way to the building..
BYLAW NO. 6340,1996
DESIGNATED SMOKING AREA SIGNS
Bylaw No. 8048, 2018 - Deletes Section 10
9.
A designated smoking area sign shall state:
(a)
"smoking in this area only", or
(b)
"smoking permitted",. Or
(c)
words or graphic symbols of similar meaning.
OFFENCE AND PENALTY
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10.
Any person who does anything prohibited by this Bylaw or fails to do
anything required by this Bylaw commits an offence and is liable on
conviction to a fine of not more than $2,000.
11.
Each day that a violation of this Bylaw continues constitutes a separate
offence.
RIGHT OF ENTRY
12.
The Public Health Inspector or Bylaw Enforcement Officer may enter any
premises at any reasonable time for the purpose of determining whether
the premises comply with the provisions of this Bylaw.
SEVERABILITY
13.
If any part 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 such invalid portions.
REPEAL
14.
City of New Westminster Bylaw No. 5625, 1986 entitled A Bylaw for the
purpose of regulating the places where people may smoke, as amended
by Bylaw No. 5673, 1987, is hereby repealed effective July 31, 1995.
Doc#56945
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Appendix "A"
HEALTH WARNING SIGNS
1.
Whenever this Bylaw requires any person to display a health warning
sign, that sign shall be in the following form:
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