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CONSOLIDATED FOR CONVENIENCE
Document: 163552
CITY OF PORT MOODY
BYLAW NO. 2773
A Bylaw to Regulate Smoking within the City of Port Moody
WHEREAS under the provisions of Section 8 {Fundamental Powers} (3) (i) of the Community
Charter, Council may regulate persons in respect to public health matters;
WHERAS Council considers it expedient and desirable for the health, safety, and welfare of the
residents to regulate smoking in the City of Port Moody;
NOW THEREFORE the Council of the City of Port Moody in open meeting assembled enacts as
follows:
1.
Title
This bylaw may be cited for all purposes as "City of Port Moody Smoking Regulation
Bylaw" No. 2773.
Amended by Bylaw 2901
2.
Repeal
Bylaw No. 2300, cited as "City of Port Moody Smoking Control Bylaw, 1996
No. 2300" is hereby repealed.
3.
Definitions
3.1
In this Bylaw:
"building" includes a structure; used or intended for supporting or
sheltering any use or occupancy;
Amended by Bylaw 2901
"business" means a business, trade profession, or other occupation for
which a person must obtain a licence under the Licencing Bylaw;
"common areas" include lobbies, foyers, stairwell, elevators, underground
parking areas and corridors, cloakroom, washroom, food fair seating areas, and
other public areas of a building;
Amended by Bylaw 2901
"Council" means the Council of the City of Port Moody;
"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 a business or use in a building or premises that
includes the service of food or alcoholic drinks to customers or others
for consumption on site;
City of Port Moody Smoking Regulation Bylaw No. 2773
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Page 2 of 4
Amended by Bylaw 2901
"premises" means a building, portion of a building, or an area of land where a
business or activity is carried on;
The definition "outdoor public space" deleted by Bylaw 2901
Amended by Bylaw 2901
"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 or premises;
(b)
a business or other use which occupies premises;
(c)
common areas; or
(d)
a customer service area.
and, in respect of common areas, includes a strata corporation or
cooperative association, and also means a person who drives a vehicle
for hire;
"smoke" or "smoking" means to inhale, exhale, burn, or carry a lighted
cigarette, cigar, pipe, hookah pipe, or other lighted smoking equipment
that burns tobacco or other weed or substance;
Added by Bylaw 2901
"smoking club" means a premise used for the purpose of allowing persons over
19 years of age to smoke non-tobacco and non-cannabis products, such as
tobacco-free herbal cigarettes or hookah; and
"vehicle for hire" mean a vehicle used for the carrying, transportation or
conveyance of persons or property for hire.
4.
BAN ON SMOKING
Amended by Bylaw 2901
4.1
A person must not smoke in any:
(a)
Building
(b)
Substantially enclosed place as defined by the Tobacco Control Act
(c)
Workplace
(d)
School premises
(e)
City parks, sport venues, playgrounds or beaches
(f)
Vehicle for hire or vehicle when youth under 16 years of age are present
(g)
Substantially enclosed transit shelters or mode of public transportation
(h)
Buffer zone, defined as within 7.5 metres of any public or workplace
entryway, opening window or air intake
Amended
by BL3158
City of Port Moody Smoking Regulation Bylaw No. 2773
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Page 3 of 4
(i)
Except:
i.
In a dwelling unit as defined in the Zoning Bylaw, including a dwelling
unit in which the owner or occupier also carries on a business with no
other workers present;
ii. In a hotel or motel room or suite designated by the management for
smoking by a responsible person."
iii. In a smoking club, as defined in this bylaw, where sufficient ventilation
is provided and maintained so as to ensure that second hand smoke
does not enter other portions of the building in which the smoking club
is located and ventilation exhaust ducts are terminated a minimum of
7.5 metres from any openable window, door or air intake.
Amended by Bylaw 2901
4.2
Obligations of a Responsible Person
Except as permitted by section 4.1(a)(i), a responsible person must not suffer or allow
a person to smoke in:
(a)
a building or customer service area;
(b)
common areas; or
(c)
in a vehicle for hire.
4.3
Signs Banning Smoking
A responsible person must display, or ensure the display of, a sign at all times:
(a)
at each entrance to a building, customer service area or premises, in a
vehicle for hire,
THIS IS A SMOKE FREE ENVIRONMENT - NO SMOKING
(b)
on each exterior wall of a building, where section 4.1 prohibits smoking stating:
SMOKING IS PROHIBITED WITHIN 7.5 METERES OF OPENINGS INTO
THIS BUILDING INCLUDING DOORS AND WINDOWS THAT OPEN AND
ANY AIR INTAKES
Amended by Bylaw 2901
4.4
Offences Penalties
4.4.1 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 the Bylaw; or
(c)
fails to comply, or suffers or allows any other person to fail to comply,
with an order, direction, or notice given under any provision of the
Bylaw.
City of Port Moody Smoking Regulation Bylaw No. 2773
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Page 4 of 4
is guilty of an offence against this Bylaw, and liable upon summary conviction
to a fine not exceeding Five Thousand Dollars ($5,000.00) and each day which
any contravention continues shall be deemed a separate offence.
4.4.2 Offences for which tickets can be issued and fines imposed are prescribed in
Municipal Ticket Information Utilization Bylaw.
4.4.3 This bylaw shall come into force and effect on the date of adoption thereof.
BYLAW No. 2773 ADOPTED
October 28, 2008
AMENDMENT (No.1) 2011, No. 2901
September 13, 2011
AMENDMENT (No.2) 2018, No. 3158
July 10, 2018