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VILLAGE OF PEMBERTON
BYLAW NO. 848, 2018
Being a bylaw to regulate smoking in the Village of Pemberton
_________________________________________________________________
WHEREAS it has been determined that second-hand smoke is a health hazard
and nuisance for many inhabitants of and visitors to the Village of Pemberton;
AND WHEREAS the Village of Pemberton has satisfied the preconditions to
adopting this Bylaw set out in the Public Health Bylaws Regulation including
amendments up to B.C. Reg. 255/2016, and any amendments or replacements
thereof;
NOW THEREFORE the Council of the Village of Pemberton, in open meeting
assembled, ENACTS AS FOLLOWS:
PART 1:
CITATION
1.1.
This Bylaw may be cited as "Village of Pemberton Smoking Regulation
Bylaw No. 848, 2018."
PART 2:
DEFINITIONS
2.1.
In this Bylaw:
Bank includes credit union, trust company, savings or loan company or
other financial institution;
Building means a structure fully or substantially enclosed with walls and/or
roofs, and used for the shelter or accommodation of persons, animals,
chattels or things or any combination thereof;
Bylaw enforcement officer means a person appointed to that position for
the Village by the Chief Administrative Officer.
Common area includes, but is not limited to, lobbies, foyers, stairwells,
elevators, corridors, cloakrooms, washrooms, food fair seating areas, and
other public areas of a Building;
Food service establishment means any place of business where food
intended for public consumption is sold, offered for sale, supplied,
handled, prepared, packaged, displayed, served, processed, stored,
transported or dispensed, and includes a patio used in conjunction with
that place;
Fully or substantially enclosed means a Building or structure, vehicle or
any other place having a roof or other covering where more than 50% of
the wall space is enclosed by any material that does not permit air to flow
easily through it.
Licenced establishment means any establishment licenced under the
provisions of the Liquor Control & Licensing Act.
Outdoor customer service area means a part of private or public property
located immediately outside of a restaurant, retail food service,
neighbourhood public house or licensed lounge whether partially enclosed
or unenclosed, including a balcony, patio, yard, or sidewalk that is
connected to or associated with a Business or use in a Building or
Premises that includes the service of food or beverages, which may
include alcoholic drinks, to customers or other persons for consumption on
site;
Outdoor venue means a place that is not fully or substantially enclosed
and is used for the assembly of persons for such purposes as worship,
entertainment, recreation, business or amusement;
Personal services establishment means a place of business 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 and steam bath;
Place of public assembly means a building or structure used for the
assembly of persons for such purposes as worship, entertainment,
recreation, business or amusement;
Premises means a portion of a Building of which a person has exclusive
possession;
Responsible person means a person who owns, controls, manages,
supervises, operates, or holds:
(a)
A business or other use that occupies all or substantially all of a
building;
(b)
A business or other use that occupies a premises;
(c)
A business;
(d)
An outdoor service area;
(e)
A common area;
(f)
An outdoor venue;
(g)
A vehicle for hire; or
(h)
A permit for any outdoor public event or activity that the
Municipality has authorized by the issuance of a permit and to
which this Bylaw applies,
(i)
And, in respect of a common area, includes a strata corporation
or cooperative association;
Retail establishment means a Building, Structure, or other place where
goods or services are exposed or offered for sale by retail;
School property means property that is:
(a)
owned or leased by, or operated under the authority of,
a board established under the School Act or the
Independent School Act, and
(b)
used for the purposes of delivering educational
programs or other learning programs,
and includes real property and improvements;
Smoke or smoking means to inhale or exhale smoke or vapour from or
burn or carry a lighted cigar, cigarette, pipe, vaporizer, electronic cigarette
or other lighted or activated smoking equipment that burns or vapourizes
tobacco, cannabis or other weed or substance but does not apply to the
ceremonial use of tobacco in connection with a traditional aboriginal
cultural activity.
Sporting event means an organized athletic competition.
Structure includes part of a structure;
Village means Village of Pemberton.
PART 3:
AREAS OF SMOKING PROHIBITION
3.1.
Responsible Person Obligations
a) The responsible person of any of the following:
i.
a retail establishment;
ii.
a personal services establishment;
iii. a bank;
iv. a hospital or health clinic;
v. a food service establishment;
vi. a taxicab or a public bus;
vii. a place of public assembly;
viii. a billiard or pool hall;
ix. a licenced establishment;
x.
any other building, structure, vehicle, place or area that is fully
or substantially enclosed and:
(a) is a place to which the public is ordinarily invited or
permitted access, either expressly or by implication,
whether or not a fee is charged for entry, or
(b) is a prescribed place under the Tobacco and Vapour
Products Control Act (B.C.)
must not cause, permit or allow a person to smoke while within any
such building, structure, vehicle, place, or area.
b) The responsible person of any of the following:
i.
a retail establishment;
ii.
a personal services establishment;
iii. a bank;
iv. a hospital or health clinic;
v. a food service establishment;
vi. a place of public assembly;
vii. a billiard or pool hall;
viii. a licenced establishment;
ix. any other building, structure, vehicle, place or area that is fully
or substantially enclosed and:
(a) is a place to which the public is ordinarily invited or
permitted access, either expressly or by implication,
whether or not a fee is charged for entry, or
(b) is a prescribed place under the Tobacco and Vapour
Products Control Act (B.C.),
must not cause, permit or allow a person to smoke within six (6) metres
from a doorway, window or air intake of the building, structure, place,
or area.
3.2.
Recreational Areas, Transit Shelters and School Property
a) No person shall light a cigarette, cigar, pipe or other smoking
equipment, smoke, or use tobacco or cannabis in any other manner in,
at, on or within 25 metres of any of the following:
i.
an outdoor venue;
ii.
a playground;
iii. a playing field;
iv. a place at which a sporting event is occurring;
v. a transit shelter;
vi. school property
b) Smoking is prohibited in all locations in the Village of Pemberton Zoned
P-1 (Public), PR-1 (Parks and Recreation), OR-1 (Outdoor Recreation)
and E-1 (Education) as per Zoning Bylaw No. 832, 2018 and any
amendments and replacements thereof.
PART 4:
SIGN REQUIREMENTS
4.1.
A responsible person shall, in respect of the building, premises, outdoor
customer service area, common area, vehicle for hire or outdoor public
event which he or she owns, controls, manages or supervises, post a sign
that:
b) is prominently displayed and maintained at the applicable location;
c) if the sign is posted by a door, window or air intake of a building,
structure, place or area that is fully or substantially enclosed, contains
the text "No Smoking within 6 Metres" in capital or lower case letters or
a combination of both;
d) In respect of a place that is not fully or substantially enclosed, or in
respect of a vehicle, contains the text "No Smoking" in capital or lower
case letters or a combination of both.
e)
Consists consist of two contrasting colours, except that if the lettering is
on a clear panel, the lettering must contrast to the background colour;
f)
includes the text "Village of Pemberton Smoking Regulation Bylaw No.
843, 2018" and "Maximum Penalty $10,000" in letters of not less than
one (1) centimetre in height.
4.2.
A person must not remove, alter, conceal, deface or destroy any sign
required under this Bylaw.
PART 5:
POWER TO INSPECT
5.1.
A bylaw enforcement officer has the right of entry and may enter at all
reasonable hours onto any land or into any building to which this Bylaw
applies in order to ascertain whether the provisions of this Bylaw are being
complied with.
PART 6:
OBSTRUCTION
6.1.
A person must not interfere with, delay, obstruct or impede a bylaw
enforcement officer or designate or other person lawfully authorized to
enforce this Bylaw in the performance of duties under this Bylaw.
PART 7:
OFFENSE, PENALTIES AND ENFORCEMENT
7.1.
In respect of this Bylaw:
a) Every person who violates a provision of this Bylaw, or who neglects to
or refrains from doing anything required to be done by a provision of
this Bylaw, is guilty of an offence and is liable to the penalties imposed
under this Bylaw or any other applicable bylaw of the municipality, and
is guilty of a separate offence each day that a violation continues to
exist.
b) Any person who contravenes any of the provisions of this Bylaw
commits an offence punishable upon summary conviction and is liable
to a fine of not more than $10,000.00 or to imprisonment for not more
than six months or to both. Each day that an offence continues shall
constitute a separate offence.
c) Pursuant to Section 264 of the Community Charter, S.B.C. Chapter 26,
this Bylaw may be enforced by means of a ticket issued pursuant to the
Village of Pemberton Municipal Ticket Information Utilization Bylaw as
replaced or amended from time to time.
PART 8:
SCHEDULES
8.1.
The following schedules are attached to and form part of this Bylaw and are
enforceable in the same manner as this Bylaw:
Schedule "A" - Fines
PART 9:
SEVERABILITY
9.1.
If any section or lesser portion of this Bylaw is held to be invalid by a court
of competent jurisdiction, such invalidity shall not affect the remaining
portions of the Bylaw.
PART 10:
REPEAL
10.1. Village of Pemberton "Smoking Regulation Bylaw No. 843, 2018" is hereby
repealed.
PART 11:
EFFECTIVE DATE
11.1. This Bylaw comes into force the day it is adopted.
READ A FIRST TIME this 27th day of November, 2018.
READ A SECOND TIME this 27th day of November, 2018.
READ A THIRD TIME this 27th day of November, 2018.
DEPOSITED with the Minister of Health this 7th day of December, 2018.
ADOPTED this 11th day of December, 2018.
______________________
______________________
Mike Richman
Sheena Fraser
Mayor
Corporate Officer
SCHEDULE "A"
FINES
Bylaw Section
Description
Penalty
3.1 & 3.2
Areas of Smoking Prohibition (Personal)
$100.00
3.1 & 3.2
Areas of Smoking Prohibition
(Responsible Person)
$200.00
4.1
Sign Requirements
$100.00
4.2
Remove or deface Sign
$100.00
6.1
Interfere with or Obstruct Enforcement
Officer
$300.00