Clean Air Bylaw No. 2186 (Consolidated, incl. Amendment 2239) — full text

This is the exact embedded text of the captured official document. Snapshot 7c7382cb8ad7 · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

City of Revelstoke CONSOLIDATED FOR CONVENIENCE CLEAN AIR BYLAW NO. 2186 (CONSOLIDATED COPY - Includes Amendments Enacted by Bylaw No. 2239) CONSOLIDATED FOR CONVENIENCE All persons making use of this consolidated version of City of Revelstoke Clean Air Bylaw No. 2186 are advised that it has no legislative sanction; that the amendments have been embodied for convenience of reference only and that the original bylaw must be consulted for all purposes of interpreting and applying the law. Sub sections of the original bylaw and/or amendments which have been repealed have not been included in this consolidation. Clean Air Bylaw 2186 CONSOLIDATED COPY - Includes Amendments Page 2 of 6 AMENDMENT BYLAW ADOPTED DATE Clean Air Amendment Bylaw 2239 October 16, 2018 Amended Cannabis definition Amended Section 4 - deleted (b) CITY OF REVELSTOKE BYLAW No. 2186 A Bylaw for the purpose of Promoting Clean Air in the City of Revelstoke WHEREAS under the provisions of Section 8 of the Community Charter, Council may regulate, prohibit and impose requirements in relation to public health; AND WHEREAS Council considers it expedient and desirable for the health, safety and welfare of the residents to regulate smoking in the City of Revelstoke; NOW THEREFORE, the Municipal Council of the City of Revelstoke, Province of British Columbia, in open meeting assembled ENACTS AS FOLLOWS: CITATION 1. This Bylaw shall be cited for all purposes as the "Clean Air Bylaw No. 2186". DEFINITIONS 2. In this Bylaw unless the context otherwise requires: "activated e-cigarette" means an e-cigarette in which an e-substance is being vapourized. "Bylaw" means the Clean Air Bylaw No. 2186, as amended from time-to-time. "Bylaw Compliance Officer" means a person hired or appointed by the Council as a Bylaw Enforcement Officer or a Bylaw Compliance Officer for the purpose of administering and enforcing the provisions of this Bylaw. "Cannabis" means a cannabis plant and anything referred to in Schedule 1 of Bill C-45, the Cannabis Act; "City" means the City of Revelstoke. "Community Facility" means a building, recreation facility or other land improvement, including, but not limited to, recreation centers, pools, arenas, and other recreation facilities located in a Park which the City owns or controls. "Director of Parks, Recreation and Culture" means the person appointed by Council and includes his or her lawful delegate. "e-cigarette" means the following: 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 into the air; Amending Bylaw 2239 - update Cannabis Definition Clean Air Bylaw 2186 CONSOLIDATED COPY - Includes Amendments Page 4 of 6 b) a prescribed product or device similar in nature or use to a product or device described in clause a). "e-substance" means a solid, liquid or gas that, on being heated, produces a vapour for use in an e-cigarette, regardless of whether the solid, liquid or gas contains nicotine. "Posted Notice" means a sign, map or written notice which has been posted or affixed to a wall, post or notice board located in or at the entrance to a Park. "Smoke" or "Smoking" means to inhale, burn or carry: a) a lighted cigarette, cigar, pipe, hookah pipe or other lighted smoking equipment that burns tobacco, Cannabis or any other weed or substance; or b) an activated e-cigarette. "Special Event" means any event or activity conducted within a Park which attracts or is intended to attract participants or spectators and, without limiting that definition, includes any festival, sports event, competition or tournament, group picnic, wedding or other event approved by the Director of Parks, Recreation and Culture by way of issuance of a permit. "Park" means any real property owned, held, leased, licensed, operated, vested in, managed, controlled or administered by the City for the purpose of pleasure, recreation or community uses of the public, including parks, playgrounds, paths, trails, campgrounds, ball diamonds, sport fields, swimming areas under the care, management and jurisdiction of the City; but does not include the travelled portion of a highway, street, lane, road, boulevard, sidewalk or community plaza. "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. PROHIBITION - Community Facilities and City Parks 3. No person shall Smoke: a) inside a Community Facility - including within 8 meters of an entranceway, air intake vent or window; b) in a Park; c) in a Cemetery, owned or managed by the City, including the public road within; d) inside a motor vehicle or equipment owned or leased by the City; e) in a Transit Shelter - including an 8 meter buffer zone surrounding the Transit Shelter; and f) during a Special Event located in a Park as permitted by the Director of Parks, Recreation and Culture, unless designated smoking areas are allowed as outlined in the permit. Clean Air Bylaw 2186 CONSOLIDATED COPY - Includes Amendments Page 5 of 6 Exception to Prohibitions Specified 4. This Bylaw does not apply to: a. ceremonial use of tobacco in relation to a traditional Aboriginal cultural activity; b. (deleted) c. the campground area of a Park. POSTED NOTICE 5. A no-smoking sign shall state a) the phrase "no smoking or vaping", or b) a graphic symbol that may include the words, "Clean Air Bylaw No. 2186". 6. The Director of Parks, Recreation and Culture must display a Posted Notice to this effect. 7. No person shall remove, alter, conceal, deface, write upon or destroy any Posted Notice pursuant to this Bylaw. OFFENCE AND PENALTY 8. A person commits an offence and is subject to the penalties imposed in the Municipal Ticket Information System Bylaw, as amended from time-to-time and the Offence Act if that person contravenes a provision of this Bylaw, consents to or allows or permits anything to be done contrary to this Bylaw, or neglects or refrains to do anything required by this Bylaw. 9. Each day that a contravention of a provision of this Bylaw continues is a separate offence. 10. This Bylaw is designated under the provisions of Section 264 of the Community Charter as a Bylaw that may be enforced by means of a ticket in the form prescribed. ENFORCEMENT 11. Upon request by a Bylaw Compliance Officer, a person in contravention of any provision of this Bylaw shall stop and provide the Bylaw Compliance Officer with proof of or identification giving his or her full name, current address and birth date. 12. A Bylaw Compliance Officer is hereby authorized to issue orders in writing to every person who is in contravention of this Bylaw, and said person shall be responsible for the carrying out of every requirement of every such order. Amending Bylaw 2239 - 4b deleted Clean Air Bylaw 2186 CONSOLIDATED COPY - Includes Amendments Page 6 of 6 13. No person shall obstruct or interfere with a Bylaw Compliance Officer in the lawful exercise of his or her duties under this Bylaw. SEVERABILITY 14. Each section of this Bylaw shall be severable and if any portion of this Bylaw is held to be illegal or invalid by a Court of competent jurisdiction, the provision may be severed and the illegality or invalidity shall not affect the validity of the remainder of this Bylaw. REPEAL OF PREVIOUS BYLAW 15. The Clean Air Bylaw No. 1632, 2000 is hereby repealed. READ A FIRST TIME THIS 27th DAY OF MARCH, 2018 READ A SECOND TIME THIS 27th DAY OF MARCH, 2018 READ A THIRD TIME THIS 27th DAY OF MARCH, 2018 ADOPTED BY CITY COUNCIL THIS 8th DAY OF MAY, 2018 ______________________________ ______________________________ Director of Corporate Administration Mayor Certified a true copy, this _____________ day of _____________, _______________. __________________________________________