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policies/district-bylaws/2015-020---outdoor-smoking-regulation.pdf?sfvrsn=3819c6fb_0"
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---
THE CORPORATION OF THE DISTRICT OF SUMMERLAND
BYLAW NUMBER 2015-020
A Bylaw to Regulate Smoking Outdoors in the District of Summerland
WHEREAS a council may, by bylaw, regulate, prohibit and impose requirements in relation to
public health and public places;
AND WHEREAS it is desirable for the health, safety, welfare and environment of the inhabitants
of and visitors to the District of Summerland to prohibit or regulate smoking, or both, in the District
of Summerland as in this Bylaw more particularly sets out;
NOW THEREFORE the Council of the District of Summerland, in open meeting assembled enacts
as follows:
1.
TITLE
This Bylaw will be cited as "Outdoor Smoking Regulation Bylaw No. 2015-020".
2.
DEFINITIONS
In this Bylaw:
"Bylaw Enforcement Officer" means a Bylaw Enforcement Officer for the District;
"Council" means the Council of the Corporation of the District of Summerland;
'.'Designated Smoking Area" means an area that is set aside and with signage indicating
that smoking is allowed in this area, provided that such area will be a minimum of nine (9)
metres from any entrance, exit, building opening of any District facility including but not
limited to parkland, playground, sports field, spectator seating area, ice surface whether or
not a "No Smoking" sign is posted;
"District" means the Corporation of the District of Summerland;
"Facility" means any building, structure or premise to which the District holds right of
ownership.
"Highway" includes a street, road, lane, bridge, viaduct and any other way open to public
use, other than a private right of way on private property, which is intended for or used by
the general public for the passage of vehicles and includes the area between the lateral
property lines thereof;
"Municipal Sidewalk" means a sidewalk intended for pedestrians located between that
portion of a Highway intended for the general passage of vehicles and the lateral property
Bylaw No. 2015-020
Page 2
line but does not include a sidewalk located within a District owned park or District owned
and operated public space;
"Outdoors" means an open outdoor space located on District Property, including any
temporary building, structure or part thereof, whether covered by a roof or not, but does not
include a Highway intended for the passage of vehicles or the vehicles, whether open or
closed upon such a Highway;
"Park" means any Property owned or occupied by the District for the purpose of pleasure,
recreation or community use by the public, including but not limited to dedicated parks and
trails, but does not include District Property leased to a third party;
"Person" includes an individual or corporation;
"Property" means that which belongs exclusively to the District, and to which legal rights
apply;
"Smoke" or "Smoking" means the inhaling, exhaling, burning or carrying of a lighted
cigarette, cigar, pipe, electronic cigarette, or other smoking equipment that burns or
vaporizes tobacco, marijuana, or any other substance;
"Swimming Beach" means an area adjacent to the shore of the lake or other body of water
that is used for swimming; and
"Walkway" means that area of land designated or designed specifically for the passage of
pedestrians or active uses and shall include a pathway but will not include a Municipal
Sidewalk.
3.
SMOKING PROHIBITED
3.1
No Person may smoke outdoors on any Park, Swimming Beach, Walkway owned and
occupied by the District, or on Property upon which is located a Facility operated by the
District, whether or not a "No Smoking" sign is posted.
4.
EXEMPTIONS
4.1
Notwithstanding Section 3.1, such prohibition will not apply to:
a)
a Highway or Municipal Sidewalk; and
b)
a Designated Smoking Area.
5.
OBSTRUCTION
A Person must not interfere with, delay, obstruct or impede a Bylaw Enforcement Officer or
designate, or another person lawfully authorized to enforce this Bylaw in the performance
of duties under this Bylaw.
Bylaw No. 2015-020
Page 3
6.
ENFORCEMENT BY TICKET
This Bylaw is designated pursuant to Section 264 (1) (a) of the Community Charter as a
bylaw enforceable by means of a ticket in the form prescribed in the Community Charter
Bylaw Enforcement Ticket Regulation, B.C. Reg. 425/2003.
7.
BYLAW ENFORCEMENT OFFICERS
Bylaw Enforcement Officers are designated to enforce this Bylaw by means of a ticket
pursuant to Section 264 (1) (b) of the Community Charter.
8.
VIOLATIONS AND PENAL TIES
8.1
The provisions of this Bylaw may be enforced by a Bylaw Enforcement Officer through the
issue of a ticket under the "District of Summerland Ticket Information Utilization Bylaw No.
95-030".
8.2
Any person who violates any provision of this Bylaw or permits or allows any act or thing to
be done in violation of 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 is guilty of an offence against
this Bylaw and punishable upon summary conviction by a find of not less than $1,000, and
the cost of prosecution.
9.
SEVERABILITY
If any section or lesser portion of this Bylaw is held to be invalid by a Court of competent
jurisdiction, such invalidity shall not affect the remaining portions of the Bylaw.
10.
REPEAL
"Clean Indoor Air and Smoking Regulation Bylaw, Number 91-001 ", and all amendments,
are hereby repealed.
Read a first, second time this 24th day of August, 2015.
Read a third time this 14th day of September, 2015.
Deposited with the Minister of Health this 8th day of October, 2015.
Adopted by the Municipal Council this 13th day of October, 2015.
' I