District of Squamish Smoking Regulation Bylaw No. 2042, 2008 — full text

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Page 1 DISTRICT OF SQUAMISH SMOKING REGULATION BYLAW NO.2042, 2008 As amended by bylaw 2068, 2008 and 2516, 2017. A bylaw to regulate smoking and the use of tobacco products in the District THIS IS A CONSOLIDATED BYLAW PREPARED BY THE DISTRICT OF SQUAMISH FOR CONVENIENCE ONLY. THE CORPORATION DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THIS CONSOLIDATION IS CURRENT. IT IS THE RESPONSIBILITY OF THE PERSON USING THIS CONSOLIDATION TO ENSURE THAT IT ACCURATELY REFLECTS CURRENT BYLAW PROVISIONS. ________________________________________________________________________ WHEREAS under the Community Charter, Council may, by bylaw, regulate, prohibit and impose requirements in relation to public places, nuisances and public health; AND WHEREAS Council has been advised that the second hand tobacco smoke from the smoking of cigarettes, cigars and pipes is a health hazard, nuisance or discomfort for many inhabitants of the District of Squamish; AND WHEREAS it is desirable for the health, safety and welfare of the inhabitants of the District of Squamish to promote a healthy, clean-air environment; NOW THEREFORE the Council of the District of Squamish, in open meeting assembled, enacts as follows: 1. Title This bylaw may be cited for all purposes as "District of Squamish Smoking Regulation Bylaw No. 2042, 2008." 2. Repeal "District of Squamish Smoking Regulation Bylaw No. 969, 1987" and all amendments are hereby repealed. 3. Interpretation 3.1 In this Bylaw: "common area" means any place in an apartment building, condominium, dormitory or other multiple residential dwelling or mobile home park that is generally available for the common use of occupants or visitors, including but not limited to a hallway, foyer, stairway, elevator, escalator, washroom, laundry room, meeting room and amenity area; "E-cigarette" means the following: a) a product of 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; b) a prescribed product or device similar in nature or use to a product or device described in paragraph (a); (amended by Bylaw 2516, 2017) "E-substance" means a solid, liquid or gas: a) that on being heated, produces a vapour for use in an e-cigarette, regardless of whether the solid, liquid or gas contains nicotine, and b) that is not a controlled substance within the meaning of the Controlled Drugs and Substance Act (Canada); (amended by Bylaw 2516, 2017) "fully or substantially enclosed" refers to a building, structure, vehicle or any other place that has a roof or other covering, and more than 50 percent of the nominal wall space is enclosed by any material that does not permit air to flow easily through it; "liquor outlet" means a commercial establishment which is licensed under the Liquor Control and Licensing Act and regulations including, without limitation, a bar, lounge, pub, neighbourhood pub, beer parlour and cabaret; "public municipal open space" means a park, playing field, tennis court, playground, lawn bowling green, path, trail, beach, dock, marina or other outdoor public place which is owned, controlled or operated by the District for the use and pleasure of the public and which is shown on Schedule "A" attached to and forming part of this bylaw; Page 2 "public space" and "public place" means 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; "restaurant" means a food service establishment as defined in the regulations enacted under the Health Act governing sanitation and operation of food services; "smoke" or "smoking" means the lighting, inhaling, exhaling, or burning of tobacco or the holding of a lighted cigarette, cigar or other product produced from tobacco; "vapourizing" includes vapes, vaping and means the vapourizing of an e-substance for inhalation or release into the air; (amended by Bylaw 2516, 2017) "vapour product" means: a) an e-cigarette b) an e-substance c) a cartridge for or a component of an e-cigarette; ( amended by Bylaw 2516, 2017) "workplace" means any place in which a person performs services in return for compensation, and includes any places that are used in conjunction with the workplace such as a bathroom, meeting room or building or structure used for taking breaks. 3.2 Wherever the singular or masculine is used in this bylaw, the same shall be construed as meaning the plural, feminine or the body corporate or politic where the context or the parties so require. 3.3 If any section, subsection clause or other provision of this bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, the decision does not affect the validity of the remaining portions of the bylaw. 4. Smoking Restrictions 4.1 Subject to subsection 4.2, a person must not smoke: (a) in any building, structure, vehicle or any other place that is fully or substantially enclosed and (i) is a public place; (ii) is a workplace; or (iii) is a common area; or (b) within 7 metres from a doorway, window or air intake of a place described in paragraph (a); (amended by Bylaw 2516, 2017) (c) in, on or within 7 metres of the perimeter of a patio or deck used in conjunction with a restaurant, liquor outlet or other public place, whether or not the patio or deck is open or is partly or fully enclosed; (amended by Bylaw 2516, 2017) (d) within a transit shelter; (e) in or on or a public municipal open space; or (f) in a motor vehicle that is occupied by a person under the age of 16 years whether or not any window, sunroof, car-top, door or other feature of the vehicle is open. 4.2 Subsection 4.1 does not apply to: (a) a workplace that is a private dwelling, except during any period in which a person performs services for compensation; (b) a room or suite in a hotel, motel, lodge or bed and breakfast that is designated for smoking by the owner or manager; (c) persons, places or activities specifically exempted from a prohibition or restriction under the British Columbia Tobacco and Vapour Products Control Act or Regulation, unless this bylaw expressly prohibits smoking or vaping in relation to those persons, places or activities; (amended by Bylaw 2516, 2017) (d) that portion of a public municipal open space described in Schedule "B" attached to and forming part of this bylaw and identified by a sign or signs permitting smoking or vaping within the designated area; or (amended by Bylaw 2516, 2017) Page 3 (e) gatherings for recognized cultural purposes, which includes; traditional, spiritual or ceremonial". (amended by Bylaw 2516, 2017) 4.3 Subject to subsections 4.5 through 4.6, if a person contravenes subsection 4.1 in respect of: (a) a place described under subsection 4.1 (a)(i), (b) or (c), each owner, lessee and manager of that place is deemed to have contravened that subsection and is liable for the contravention; (b) a workplace, the employer is deemed to have contravened that subsection and is liable for the contravention; and (c) a common area, each owner, lessee or manager is deemed to have contravened that subsection and is liable for the contravention, except that in relation to a common area of a strata corporation, the strata corporation is deemed to have contravened that subsection and is liable for the contravention. 4.4 An owner, manager, lessee of, or an employer at, a public place is not liable under subsection 4.3, as applicable, in respect of any portion of the 7 metre area described in subsection 4.1 (b) or (c) over which the owner, manager, lessee or employer has no control, if a person not under his or her employment or control smokes or vapes within that portion. (amended by Bylaw 2516, 2017) 4.5 It is a defence to a charge under subsection 4.3 if the owner, manager, lessee, employer or strata corporation, as applicable, demonstrates that he or she exercised reasonable care and diligence to prevent the contravention. 4.6 Subsection 4.3 applies whether or not the the person who smoked, vaped or any other person, is charged with contravening subsection 4.1. (amended by Bylaw 2516, 2017) 5. Signs 5.1 Where smoking or vaping is prohibited by this bylaw, the owner, manager, lessee or strata corporation of the building, structure, vehicle or place, as applicable, shall post a sufficient number of signs in accordance with the requirements of this section so as to be clearly visible from all points to which the smoking or vaping prohibition applies. (amended by Bylaw 2516, 2017) 5.2 Signs required by section 5.1 shall comply with the following requirements, conditions and specifications: 5.1.1 within a building or other structure, a sign must be posted in close proximity to each entrance and such additional signs must be posted as may be necessary to ensure that a sign is clearly visible from all points in the building to which the smoking and vaping prohibition applies; (amended by Bylaw 2516, 2017) 5.1.2 each sign required under this Section 5 shall carry the text "NO SMOKING", NO VAPOUR PRODUCTS", "NO SMOKING, NO VAPOUR PRODUCTS PERMITTED" or "NO SMOKING, NO VAPOUR PRODUCTS PERMITTED ON THESE PREMISES", as may be appropriate in the circumstances; (amended by Bylaw 2516, 2017) 5.1.3 the size of text on each sign shall be not less than the following heights based on the following maximum viewing distances in direct line of sight, whether or not letters are in upper or lower case: letter height maximum viewing distance 2.5 centimetres (1 inch) 3 metres (10 feet) 5.1 centimetres (2 inches) 6.1 metres (20 feet) 7.6 centimetres (3 inches) 12.2 metres (40 feet) 10.2 centimetres (4 inches) 48.8 metres (160 feet) 20.3 centimetres (8 inches) 73.1 metres (240 feet); and 5.1.4 each sign shall consist of at least two contrasting colours, or, if text is to be applied to a surface or mounted on a clear panel, then the text must contrast with the colour of the background; 5.3 Internationally recognized signage which prohibits smoking and vaping must be posted in addition to, but not in substitution for the sign requirements of this bylaw. (amended by Bylaw 2516, 2017) Page 4 5.4 No person shall remove, alter, conceal, deface or destroy any sign posted pursuant to this Bylaw. 6. Offences and Penalty Any person who contravenes or violates any provision of this bylaw or who suffers or allows any act or thing to be done in contravention or violation of this bylaw, or who fails or neglects to do anything required to be done under this bylaw, commits an offence and upon conviction shall be liable to a fine of not less than $150 and not more than $1,000 under Municipal Ticket Information (MTI) or not less than $135 and not more than $500 under a Bylaw Offence Notice (BON), and where the offence is a continuing one, each day that the offence is continued shall constitute a separate offence.(amended by Bylaw 2516, 2017) READ A FIRST, SECOND AND THIRD TIME this 15th day of July, 2008. ADOPTED this 29th day of July, 2008. _____________________ Ian Sutherland, Mayor _____________________ Robin Arthurs Director of Administrative Services Page 5 SCHEDULE "A" (Public Municipal Open Spaces) All Municipal Parking Lots or Parking Areas Arrowhead Park 1625 Arrowhead Road Bill's Place Park 40178 Bill's Place Bracken Park/Brown Memorial Park 13-B Bracken Parkway Boulevard Park 2385 The Boulevard Braemar Park 2364 Argyle Crescent Brennan Park, 1009 Centennial Wa (amended by Bylaw 2516, 2017) Coho Park 40460 Park Crescent Cottonwood Park 41660 Cottonwood Road Eagle Run Park 1546 Eagle Run Drive Eaglewind Park 1170 Bailey Street Eagle Viewing Sites 40963 Government Road Edgewater Park 1030-B Edgewater Drive Fisherman's Park, Brennan Road 41481 Brennan Road Glacier View Park 1054 Glacier View Drive Jack's Trail Park 1038 Condor Road John Hunter Park 38426 Hemlock Avenue Jura Park 2546 Jura Crescent Kingswood Park 41310-B KingswoodRoad McDonald Place Park 1647 McDonald Place McNaughton Park 1880 Maple Drive Merrill Park 2300-B Greenwood Way Municipal Animal Control Dog Pound and Parking, 39903 Government Road Municipal Operations/Public Works Yard, 39909 Government Road Nexen Beach/ Squamish Oceanfront Trail, 27200 Galbraith Avenue Northridge Park 13891 Clarke Drive Pat Goode Park, 40422 Cheakamus Way Porcupine Park 2588 Pentland Way Parkland next to Bill's Place Rose Park/Lily's Garden 38400 Loggers Lane Site Block 19 Cleveland Avenue 37950 Cleveland Avenue Smoke Bluff Park 1990 Smoke Bluff Road Squamish Junction Park 38284 Cleveland Avenue Squamish Skate Park/ Carson Place Park 38684 Buckley Avenue Stan Clarke Park 37950 Second Avenue Tiampo Park no address Willow Park 1803 Willow Crescent Quest University Bridge Skate Bowl 2605 The Boulevard (amended by Bylaw 2516, 2017) Mount Garibaldi Cemetery 44500 Government Road Squamish Adventure Centre 38551 Loggers Lane Municipal Hall 37955/37957 Second Avenue Public Safety Building, Tantalus Road Emergency Services Building, 1000 Finch Drive All Trails on Municipal Trails as identified on Appendix 1 to Schedule "A", as attached and including, but not limited to: Oceanfront Trail Corridor Trail Municipal Dykes and Trails All trails on and leading to the Dykes through municipal or crown property Page 6 SCHEDULE "B" (Exemptions) Squamish Youth Centre between the hours of 4:00p.m. and 7:30a.m. 1135 Carson Place Squamish Homeless Drop In Centre during open hours of operation 37930 Third Avenue Deleted (amended by Bylaw 2516, 2017) District of Squamish Municipal Campground, 39275 Loggers lane (amended by Bylaw 2516, 2017) Page 7 Appendix 1 Page 1 Deleted (amended by bylaw 2516, 2017) TYPE NAME TR_ZONE_NU TRAIL_ZONE TRAIL_ID MTB - Single Track 5 Pt. Hill - Southside 2 VallleyCliffe 203 Alder Trail 9 Brohm - Cat Lakes 901 MTB Access Alice Lake Park Road 8 Alice Lake 801 MTB Access Bob McIntosh Memorial Trail 8 Alice Lake 803 MTB - Double Track Brackendale Walking Park 7 Brackendale 722 MTB - Single Track Bridge Trail 9 Brohm - Cat Lakes 903 MTB Access Brohm Creek Hollow 9 Brohm - Cat Lakes 972 Hiking Trail Brohm Creek Trail 9 Brohm - Cat Lakes 918 MTB - Single Track Catnap 9 Brohm - Cat Lakes 906 MTB - Single Track Cheakamus Loop 9 Brohm - Cat Lakes 908 MTB Access Cheshire Cat 9 Brohm - Cat Lakes 909 Trials Motorbike Co Crumpit 2 VallleyCliffe 206 Hiking Trail Connector Trail 9 Brohm - Cat Lakes 981 MTB - Single Track Cracked Humerous Link 7 Brackendale 702 MTB - Single Track Cracked Patella 7 Brackendale 703 Credit Line Trail 8 Alice Lake 808 MTB - Single Track Crouching Squirrel - Hidden Monkey 8 Alice Lake 809 MTB Access Debeck's Grind 8 Alice Lake 811 Dryden Creek Trail 7 Brackendale 704 MTB - Double Track Dump Express 7 Brackendale 705 MTB - Single Track Follow Your Nose 7 Brackendale 706 SDBA Forgotten Trail 4 Mt. Mulligan/Alpen 401 MTB - Single Track Four Lakes - North 8 Alice Lake 815 MTB - Single Track Four Lakes - South 8 Alice Lake 816 Hiking Trail Four Lakes Trail Alice Lake 8 Alice Lake 841 Hiking Trail Four Lakes Trail Alice Lake Connect 8 Alice Lake 842 MTB Access Four Lakes Trail Road 8 Alice Lake 817 MTB Access FSR Rough Road Brohm 1 9 Brohm - Cat Lakes 916 MTB - Single Track Glosettes 2 VallleyCliffe 217 MTB - Single Track High Trail 9 Brohm - Cat Lakes 912 MTB Access Hydro Line Road 7 Brackendale 707 MTB - Single Track Icy Hole of Death 8 Alice Lake 819 SDBA Joel's RIP 2 VallleyCliffe 219 MTB - Single Track Lacking Head 2 VallleyCliffe 222 Hiking Trail Lakeside Trail East Side 9 Brohm - Cat Lakes 913 Hiking Trail Lakeside Trail West Side 9 Brohm - Cat Lakes 913 MTB - Single Track Larry's Link 7 Brackendale 710 MTB Access Larry's Loop 7 Brackendale 711 Live Wire 7 Brackendale 723 MTB Access Mamquam FSR 4 Mt. Mulligan/Alpen 402 MTB - Single Track Mid-Life Crisis 8 Alice Lake 824 MTB - Double Track Mike's Loop 8 Alice Lake 825 MTB - Single Track Mike's Loop Access 8 Alice Lake 826 MTB - Double Track Of Mice and Men Hill 8 Alice Lake 829 MTB Access OLD Highway 7 Brackendale 725 MTB - Single Track Powerhouse Plunge 5 East Mashister 526 MTB - Single Track Promenade Loop 9 Brohm - Cat Lakes 914 MTB - Double Track Promenade Loop Branch 2 9 Brohm - Cat Lakes 923 MTB - Single Track Promenade Loop Connector 9 Brohm - Cat Lakes 921 MTB Access Ray Peters Trail 7 Brackendale 712 MTB Access Ray Peters Trail Connector 7 Brackendale 724 MTB - Single Track Reefer Rip 7 Brackendale 713 MTB - Single Track Rigs in Zen 8 Alice Lake 831 MTB Access Run Eddy Run 9 Brohm - Cat Lakes 969 MTB - Single Track Rusty Bucket 7 Brackendale 715 MTB - Single Track Rusty-Reefer Link 7 Brackendale 714 MTB Access Squatter's Cabin 9 Brohm - Cat Lakes 971 MTB - Single Track Sweet Judy 7 Brackendale 718 Hiking Trail Tantalus View Trail 9 Brohm - Cat Lakes 919 MTB - Single Track The Barber Chair 2 VallleyCliffe 243 MTB - Single Track The End - Hole Connector 8 Alice Lake 836 MTB - Double Track The Ring Creek Rip 5 East Mashister 536 Tongue 'n' Groove 4 Mt. Mulligan/Alpen 403 MTB - Single Track Two Cycle 7 Brackendale 719 MTB - Single Track Two Fist 7 Brackendale 720 Value Added 8 Alice Lake 838 Wonderland Trail 7 Brackendale 721 Brohm Lake Checkamus River Lakeside Trail West Side High Trail Lakeside Trail East Side Brohm Creek Trail Bridge Trail Highway 99 Paradise Valley Rd Midnight Way Legend Municipal Boundary Rivers/Creeks non smoking trails Ocean/Lakes/Rivers streets_fdm - Trails on Crown and Municipal Lands Scale 1:70,000 July 8th, 2008 Brohm Lake High Trail Cheshire Cat Alder Trail Bridge Trail FSR Rough Road Brohm 1 Promenade Loop Cheakamus Loop Catnap Run Eddy Run High Trail Highway 99 Cat Lake Rd - Brohm Lake Cat Lake Cheshire Cat Promenade Loop Bridge Trail Alder Trail Catnap Run Eddy Run Highway 99 Cat Lake Rd - Cheekye River Live Wire Wonderland Trail Ray Peters Trail Two Cycle Hydro Line Road Rusty Bucket Dryden Creek Trail Larry's Loop OLD Highway Reefer Rip Dump Express Two Fist Sweet Judy Follow Your Nose Ray Peters Trail Connector Larry's Link Larry's Loop Ray Peters Trail Reefer Rip Larry's Loop Two Cycle Reefer Rip Follow Your Nose Highway 99 unsigned Government Rd Squamish Valley Rd Ross Rd Landfill Rd Highway 99 - Stump Lake Alice Lake Cheekye River Alice Lake Park Road Wonderland Trail Cheshire Cat Mike's Loop Rigs in Zen Dump Express Debeck's Grind Four Lakes Trail Alice Lake Credit Line Trail Ray Peters Trail Highway 99 Alice Lake Rd Black Bear Rd Highway 99 - Stump Lake Alice Lake Fawn Lake Edith Lake Alice Lake Park Road Credit Line Trail Four Lakes - North Mike's Loop Four Lakes Trail Road Four Lakes Trail Alice Lake Four Lakes - North Four Lakes Trail Road - Cheekye River Ray Peters Trail Wonderland Trail Live Wire Hydro Line Road Two Cycle Rusty Bucket Sweet Judy Dryden Creek Trail Larry's Loop Dump Express OLD Highway Reefer Rip Two Fist Follow Your Nose Ray Peters Trail Connector Larry's Link Rigs in Zen Ray Peters Trail Larry's Loop Sweet Judy Ray Peters Trail Reefer Rip Two Cycle Reefer Rip Larry's Loop Follow Your Nose Highway 99 Government Rd Ross Rd Squamish Valley Rd Axen Rd Birken Rd Parkwood Pl - Alice Lake Edith Lake Credit Line Trail Rigs in Zen Of Mice and Men Hill Value Added Debeck's Grind Mike's Loop Alice Lake Park Road Four Lakes Trail Road Mid-Life Crisis Icy Hole of Death Icy Hole of Death - M a m q u a m R i v e r Mamquam FSR Powerhouse Plunge Glosettes Co Crumpit Forgotten Trail Joel's RIP Tongue 'n' Groove Mamquam FSR Glosettes Mamquam Rd Kintyre Dr - v e r M a m q u a m R i v e r The Ring Creek Rip Mamquam FSR Mamquam FSR Mamquam Rd -