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TOWN OF QUALICUM BEACH
BYLAW NO. 730
A BYLAW FOR THE PURPOSES OF
REGULATING WHERE PEOPLE MAY SMOKE
WHEREAS, Council may, by bylaw, regulate, prohibit and impose requirements in relation to
public places as per Section 8(3)(b) of the Community Charter;
WHEREAS, Council may, by bylaw, regulate, prohibit and impose requirements in relation to the
protection and enhancement of the well-being of its community in relation to nuisances,
disturbances and other objectionable situations, as per Section 8(3)(h) of the Community Charter;
WHEREAS, Council may, by bylaw, regulate, prohibit and impose requirements in relation to
public health and public spaces as per Section 8(3)(i) of the Community Charter;
AND WHEREAS, it has been determined that second-hand smoke is a health hazard and nuisance
for persons in public spaces in the Town of Qualicum Beach;
AND WHEREAS, it is desirable for the care, promotion and protection of the health of people in
parks to regulate smoking in parks
NOW, THEREFORE, the Council of the Town of Qualicum Beach, in open meeting assembled,
enacts as follows:
1. INTERPRETATION
"Burn" or "Burning" means the combustion or heating of a substance to produce smoke,
vapour, aerosol or other substances that can be inhaled.
"Bus Stop" means a place on a bus route marked by a sign at which buses stop to pick
up and drop off passengers.
"Bylaw Enforcement Officer" shall mean any person appointed from time to time by
Town Council, including the RCMP, to enforce and administer this Bylaw.
"Cannabis" (Marihauna, Marijuana), means cannabis as defined in the Cannabis Act
(Canada), or any regulations made pursuant to that Act, and includes any products
containing cannabis.
"Designated Public Space" means public playing fields, public playgrounds and all
public areas listed on Schedule A attached hereto, and forming part of, this bylaw.
"Outdoor Special Event" means a pre-planned community event including a temporary
street closure, parade, or recreational and fundraising event.
"Public Building" means a building or structure on land owned by the Town, other than
a building or structure used for a residential use, as designated in the Town's zoning
bylaw.
Town of Qualicum Beach
Smoking Regulation Bylaw No. 730, 2019
"Public Playgrounds" means lands held, occupied, zoned or regulated for use by the
public as outdoor areas containing playground equipment.
"Public Playing Fields" means lands held, occupied, zoned or regulated for use by the
public as outdoor areas for sporting activities.
"Public Square" means land acquired, reserved or dedicated as a public square in
accordance with the Local Government Act or Community Charter;
"School Property" means School Property as defined in the Tobacco and Vapour Products
Control Act.
"Smoke" or "Smoking" means to inhale, exhale, burn or carry a lighted cigarette, cigar,
pipe, hookah pipe or other lighted smoking equipment, including vaporizers, that burn
or vaporize tobacco, plant or other cannabis substances.
"Transit Shelter" means a covered structure or facility located at a designated bus stop
to provide protection from the elements for passengers waiting for a bus.
"Vaporizing Device" means an electronic device that vaporizes a solid, liquid or gas
substance for inhalation;
"Waterfront" means all Town-owned foreshore parcels of land, including sand, rock
and natural material from the visible high water mark down to any body of water
within the Town of Qualicum Beach.
2. PROHIBITION
(1)
No person shall smoke tobacco, cannabis or any other plant substance, or use any
vaporizing device:
(a)
in any Public Building;
(b)
within 7.5 metres of any doorway, window or air intake of a Public Building;
(c)
on or within 7.5 metres of any outdoor patio of a Public Building;
(d)
in or within 7.5 metres of any Public Playground;
(e)
in or within 7.5 metres of any Public Playing Field;
(f)
in or within 7.5 metres of an Outdoor Special Event Area;
(g)
in or within 7.5 metres of any Transit Shelter or Bus Stop Sign;
(h)
in or within any School Yard;
(i)
in or within any Public Square;
(j)
on or within 7.5 metres of all sidewalks and grassed areas on the Waterfront.
3. CANNABIS USE IN PUBLIC SPACES
No person shall smoke cannabis in any manner on publicly-owned land or facilities,
including public rights-of-way.
4. EXEMPTIONS
Section 2 of this bylaw does not apply to the ceremonial use of tobacco in a traditional
indigenous cultural activity.
Town of Qualicum Beach
Smoking Regulation Bylaw No. 730, 2019
5. VALIDITY
In the event that there is a conflict between the provisions of this bylaw and any other
Federal or Provincial Act or Regulation, the Federal or Provincial provision shall apply.
6. ENFORCEMENT
(1) This Bylaw may be enforced by:
(a)
means of a ticket in the form prescribed for the purpose under the
Community Charter, and fines of up to $1,000 imposed for offences under
the Town of Qualicum Beach Municipal Ticketing Information Bylaw No.
626, 2008;
(b)
proceedings brought under the Offence Act; or
(c)
any other proceedings authorized by law.
(2) On being convicted of an offence under this bylaw, a person is liable to pay a fine of
up to $10,000, the costs of prosecution, and compensation for any loss or damages
resulting from the offence.
7. REPEAL
The "Town of Qualicum Beach Smoking Regulation Bylaw No. 681, 2012" is hereby
repealed and replaced by this Bylaw.
8. CITATION
This Bylaw may be cited as "Town of Qualicum Beach Smoking Regulation Bylaw No.
730, 2019".
READ A FIRST TIME this 25th day of February, 2019
READ A SECOND TIME this 18th day of March, 2019
READ A THIRD TIME this 8th day of April, 2019
ADOPTED this 13th day of May, 2019
Brian Wiese, Mayor
Heather Svensen, Corporate Administrator
Town of Qualicum Beach
Smoking Regulation Bylaw No. 730, 2019
SCHEDULE A