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DISTRICT
OF UCLUELET
BYLAW N0,
1187, 2016
"A Bylaw to Regulate Smoking"
WHEREAS, it is desirable for the protection, promotion and preservation of health for the
citizens and visitors of the District of Ucluelet;
AND WHEREAS, Council has consulted with the medical health of?cer on this Bylaw and
deposited a copy thereof with the Ministry of Health;
NOW THEREFORE,
Council under its statutory powers, including Section 8(3)(i) of the
Community Charter, S.B.C. 2003, c. 26 (the "Community Charter") and Public Health
Bylaws Regulation, EC. Reg. 42/2004, enacts as follows:
Title
1) This bylaw may be cited as "Smoking Control Bylaw No. 1187, 2016."
De?nitions
2)
"E--cigarette"means a product or device, whether or not it resembles a cigarette,
containing an electronic or battery-powered heating element capable of vaporizing a
substance for inhalation or release into the air;
'
3)
"Customer service area" means a partially enclosedor unenclosedarea, 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 oralcoholic
drinks to customers
or other persons for consumption on site;
4)
"Municipal Park" means any property owned and dedicated as a park by the District of
Ucluelet and including but not limited to public playgrounds, playing ?elds, beaches,
designated public spaces or public trails;
5)
"Smoke" or "Smoking" means to purposely inhale or exhale smoke from or burn or
carry, a lighted cigarette, cigar, pipe, e--cigaretteor other smoking equipment that burns
or vaporizes tobacco, weed or other substance;
6)
"Building" includes a structure
9)
No person shall smoke in a restaurant;
10)
No person shall smoke within 8 meters of "customer service areas".
Exceptions
11)
The District of Ucluelet reserves the right to designate smoking areas for outdoor
special events.
Fines
12)
Fines and penalties for tickets issued for offences against this bylaw shall be in
accordance with Schedule "A", attached hereto and forming part of this Bylaw.
13)
Pursuant to section 264(4) of the Community Charter, the words or expressions set out
in Column 1 of Schedule "A" designate the offence committed under the bylaw section
appearing in Column 2 opposite the respective words or expressions.
14)
Pursuant to section 265(1)(a) of the Community Charter, the amounts appearing under
Column 3 of Schedule "A" are the fines set for the corresponding offences designated
in Column 1 of each Schedule.
Duty of Administration and Enforcement
15)
The intent of this Bylaw is to set standards of general public interest, and not to impose
a duty on the District of Ucluelet or its employees to enforce its provisions and:
a)
A failure to administer or enforce its provisions or the incomplete or inadequate
administration or enforcement of its provisions is not to give rise to a cause of
action in favour of any person; and
b) The grant of any approval 01 permission o1 issuance of any pennit is not a
lepresentation, warranty
or statement of compliance with the Bylaw and the
issuance thereof 1n enor is not to give rise to a cause of action.
Severability
16)
Where a decision by a mm": of competent jurisdiction determines that any part of this
Bylaw is illegal, void, or unenforceable severs, that pait is deemed severed from this
Bylaw and is not to affect the balance of this Bylaw.
READ A FIRST TIME this 26th day of January,
2016.
READ A SECOND
TIME this 26th day ofJanlnary,
2016.
READ A THIRD TIME this 26th day of January,
2016.
A )OPTED
this 9th day of February,
2016.
CERTIFIED
A TRUE AND CORRECT
COPY: "Smoking Control Bylaw No. 1187,
2016."
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Chief Administrative
Of?cer
Dianne St. Jacques
Andrew Yeates
THE CORPORATE
SEAL of the District of Ucluelet was hereto af?xed in the presence of:
' ChiefAdministrative
Of?cer
Andrew Yeates
SCHEDULE
"A"
BYLAW 1187, 2016
SMOKING
FINES
Column 1
a Offence
__
Column 2
» Section
Column 3
- Set Fine
Smoking in a municipal
7
$50
park
Smoking too close to a
8
$50
.1
building opening
Smoking in a restaurant
9
$50
10
$50
Smoking too close to a
customer service area