Port Coquitlam, British Columbia
· adopted 2018-03-13
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CITY OF PORT COQUITLAM
SMOKING CONTROL BYLAW, 2018
Bylaw No. 4037
Page 1
The Council of the Corporation of the City of Port Coquitlam enacts as follows:
1.
CITATION
This Bylaw may be cited as the "Smoking Control Bylaw, 2018, No. 4037.
2.
REPEAL
City of Port Coquitlam Smoking Control Bylaw, 2002, No. 3361, as amended, is repealed.
3.
INTERPRETATION
3.1
Schedule "A" contains definitions of words used in this Bylaw.
3.2
Schedule "A" is attached to this Bylaw and forms part of this Bylaw.
3.3
Unless otherwise provided in this Bylaw, words and phrases used herein have the
same meanings as in the Community Charter, SBC 2003, Local Government Act,
RSBC 2015, and Interpretation Act, RSBC 1996.
3.4
A reference in this Bylaw to a statute refers to a statute of the Province of British
Columbia, and a reference to any statute, regulation, or bylaw refers to that
enactment, as amended or replaced from time to time.
3.5
Words in the singular include the plural, and gender specific terms include all
genders and corporations.
3.6
Headings in this Bylaw are for convenience only and must not be construed as
defining or in any way limiting the scope or intent of this Bylaw.
3.7
A decision by a court that any part of this Bylaw is illegal, void, or unenforceable
severs that part from this Bylaw, and does not affect the validity of the remainder of
this Bylaw.
4.
SMOKING REGULATION
No person shall smoke:
4.1
in a building or within 7.5 metres of an entrance to a building or any air intake vent
or operable window for a building;
CITY OF PORT COQUITLAM
SMOKING CONTROL BYLAW, 2018
Bylaw No. 4037
Page 2
4.2
within 7.5 metres of a transit stop or transit shelter where people wait to board a
public transit vehicle;
4.3
in any City park, sports venue, playground, or outdoor public space;
4.4
on a City street when used as part of an outdoor public event;
4.5
in a customer service area;
4.6
in a place of assembly.
4.7
in an outdoor public space where smoking is prohibited by a sign;
4.8
in a passenger directed vehicle;
4.9
in a vehicle when any other occupant of the vehicle is under the age of 19 years of
age;
4.10 within 7.5 metres of a crosswalk.
5.
EXEMPTIONS SPECIFIED
This Bylaw does not apply to:
5.1
ceremonial use of tobacco in relation to a traditional First Nation's cultural activity;
5.2
smoking by an actor as part of a stage or theatrical performance to which the public
is invited.
6.
MISHANDLING BURNING SUBSTNACES
6.1
No person shall drop, release or mishandle
(a) a burning substance, or
(b) any other thing that the person reasonably ought to know is likely to cause a
fire, or
(c) any part of a cigarette, cigar, or pipe, whether the substance is burning or not.
6.2
A person who does not comply with section 6.1 must immediately extinguish, if
practicable,
(a) the burning substance, and
(b) any fire that results from dropping, releasing or mishandling the burning
substance or the other thing, as the case may be.
CITY OF PORT COQUITLAM
SMOKING CONTROL BYLAW, 2018
Bylaw No. 4037
Page 3
6.3
The owner of a vehicle, which was used during a contravention of section 6.1 is
liable for that contravention, notwithstanding that at the time of the contravention,
the vehicle is in the possession of another person.
7.
OFFENCES, PENALTIES AND ENFORCEMENT
7.1
A violation of a provision of this Bylaw will result in liability for penalties and late
payment amounts established in the City's Bylaw Notice Enforcement Bylaw, No.
3814, 2013 and Ticket Information Utilization Bylaw, 1992, No. 2743.
7.2
A violation of any of the provisions identified in this Bylaw will be subject to the
procedures, restrictions, limits, obligations, and rights established in the City's
current Bylaw Notice Enforcement Bylaw, in accordance with the Local Government
Bylaw Notice Enforcement Act, SBC 2003, C. 60.
7.3
A person who contravenes, violates, or fails to comply with any provision of this
Bylaw is deemed to have committed an offence under this Bylaw, and is liable on
summary conviction to a fine not exceeding $10,000.00 for each offence.
7.4
Each violation of this Bylaw will constitute a separate offence.
7.5
If a Bylaw Enforcement Officer has determined that a person has violated a
provision of this Bylaw, that person must, when requested by the Bylaw
Enforcement Officer, provide their name and address to the officer.
7.6
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.
7.7
If a bylaw enforcement officer has determined that a person has violated a provision
of this bylaw, that person must, when requested by the bylaw enforcement officer,
immediately extinguish the burning substance in a safe manner.
CITY OF PORT COQUITLAM
SMOKING CONTROL BYLAW, 2018
Bylaw No. 4037
Page 4
READ A FIRST TIME this
13th day of
February, 2018
READ A SECOND TIME this
13th day of
February, 2018
READ A THIRD TIME this
13th day of
February, 2018
Consult with the medical health officer responsible for public health matters within the
municipality occurred on the
22nd day of
February, 2018
DEPOSITED with the Minister of Health this 8th day of
March, 2018
ADOPTED this
13th day of
March, 2018
Acting Mayor G. Pollock
G. Joseph
Mayor
Corporate Officer
RECORD OF AMENDMENTS
__________________________________________________________________________________
Bylaw
Section
Date
4216
Sections 4 & 6, Definitions
2021 02 09
4321
Section 6, Mishandling Burning Substances
2023 07 11
CITY OF PORT COQUITLAM
SMOKING CONTROL BYLAW, 2018
Bylaw No. 4037
Page 5
SCHEDULE "A"
DEFINITIONS
In this Bylaw:
"building" means a building or structure accessible to the public or to where the public is invited.
"bylaw enforcement officer" means every person employed by the City for the purposes of
enforcement of the City's bylaws and includes members of the Royal Canadian Mounted Police.
"City" means the Corporation of the City of Port Coquitlam.
"City trail" means a paved or unpaved path for pedestrian and/or cyclist and wheeled mobility
aid use that may be in parks, on streets, or on other public lands.
"customer service area" means a partially-enclosed or unenclosed area, including any balcony,
patio, yard area, or sidewalk that is part of or connected to a business or use in a building or
premises that includes the service of food or beverages (both alcoholic and non-alcoholic) to
customers or other individuals for consumption in that area.
"e-cigarette" means:
(a)
a product or device, whether or not it resembles a cigarette, containing an
electronic or battery-powered heating element capable of vapourizing an e-
substance for inhalation or release in the air, or
(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:
(a)
upon being heated, produces a vapour for use in an e-cigarette, whether or not
the solid, liquid or gas contains nicotine; and
(b)
is not a controlled substance within the meaning of the Controlled Drugs and
Substances Act, S.C 1996.
"outdoor public space" means any outdoor area owned, controlled, or operated by the City that
is open to the public or to which the public is customarily admitted or invited, and includes any:
(a)
children's playground;
(b)
playing field, sports venue, stadium, or sports facility;
CITY OF PORT COQUITLAM
SMOKING CONTROL BYLAW, 2018
Bylaw No. 4037
Page 6
(c)
City trail;
(d)
outdoor recreational facility;
(e)
utility easement;
(f)
City street when used as part of an outdoor public event.
"outdoor public event" means any event where the public is invited, including any park, public
square or street, including, but not limited to:
(a)
a market, contest, festival, celebration, fair, exhibition or concert;
(b)
an outdoor public event on any City owned, controlled or operated property that
is leased to a third party; or
(c)
an event for which a City rental or use permit is required.
"park" means any real property owned or occupied by the City for the purpose of pleasure,
recreation or community use by the public, including, but not limited to dedicated parks, but
does not include any City land leased to a third party;
"passenger directed vehicle" means taxis, limousines, and vehicles operated under a license
held by a transportation network service provider under the Passenger Transportation Act.
"place of assembly" means a building or portion thereof or other area used for the gathering of
persons for the purpose of deliberation, education, worship, entertainment, recreation, business,
professional seminars or amusement, and includes, without limitation, a school, college,
university, theatre, convention centre, arena, recreation centre, video arcade, pool or billiard
hall, bowling area, dance hall, church, church hall, concert hall, auditorium, public swimming
pool, movie house, premises of licensed gaming events, lecture hall, library, museum, art
gallery or similar places.
"public body" means:
(a)
a ministry of the government of British Columbia;
(b)
an agency, board, commission, corporation, office or other body controlled by the
government of British Columbia or a municipality or regional district; or
(c)
a municipality or regional district.
CITY OF PORT COQUITLAM
SMOKING CONTROL BYLAW, 2018
Bylaw No. 4037
Page 7
"smoke" or "smoking" means to inhale, exhale, burn, or carry a lighted cigarette, cigar, pipe,
hookah pipe, vaping device, e-cigarette or other lighted or activated electronic smoking device
that burns or vapourizes tobacco, cannabis, or any other plant, substance or material.
"street" includes a road, lane, bridge, viaduct, sidewalk or any other way open to public use,
other than a public right of way on private property.
"transit shelter" means a building or other structure located on City property and constructed
near a transit stop to provide seating and/or protection from the weather for the convenience of
waiting passengers.
"transit stop" means a sign-posted location where public transit vehicles stop to pick up riders,
and distances from a transit stop shall be measured from the sign that identifies the transit stop
location.