Smoking, Vaping and Waterpipe Smoking Bylaw No. 2024-02
Luseland, Saskatchewan
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## THE TOWN OF LUSELAND
## BYLAW NO. 2024-02
## A BYLAW TO REGULATE SMOKING, VAPING AND WATERPIPE SMOKING IN PUBLIC PLACES, WORKPLACES, VEHICLES AND PROPERTY
for the purposes of the municipality that it considers expedient in relation to the following
WHEREAS, Section 8 (1) of The Municipalities Act provides that Council may pass bylaws
- (a) the safety, health and welfare of people and the protection of people and property; (b) people, activities and things in, on or near a public place or place that is open to the
AND WHEREAS Section 10.1, 11 and 11.1 of the Tobacco and Vapor Product Control Act and Regulations authorizes a municipality to prohibit or regulate the smoking of tobacco or cannabis in public places and workplaces;
AND WHEREAS waterpipe smoke from both tobacco-based products and non-tobacco "herbal" products contains harmful toxins and chemicals such as particulate matter, polycyclic aromatic hydrocarbons, carbon monoxide and heavy metals, with similar levels of toxins in both tobacco-based and nicotine-fee waterpipe smoke;
AND WHEREAS smoking, in general, negatively affects indoor and outdoor air quality for indicators including carbon monoxide and particulate matter, which are themselves associated with impacts on human health;
AND WHEREAS it is desirable for the health, safety and well-being of the inhabitants of the Town of Luseland to prohibit the use of all smoke products in enclosed public places, enclosed workplaces, and other specified areas within the Town of Luseland to protect individuals from conditions hazardous to human health;
AND WHEREAS Legislation states that if a Municipality with Bylaws further restricting tobacco or vapor products, that Bylaw takes precedence over the Provincial requirements. Whichever provision that is more restrictive is the provision that prevails.
NOW THEREFORE, The Council of the town of Luseland, in the province of Saskatchewan, enacts as follows:
This Bylaw may be referenced as "The Smoking and Vaping Bylaw"
## TITLE
## Il. DEFINITIONS
## 1. In this Bylaw:
phytocannabinoids produced by, or found in, such a plant, regardless of
a. "ashtray" means a receptacle or similar equipment for tobacco and/or cannabis ashes and for cigarette and cigar butts; b. "business" means carrying on a commercial or industrial undertaking of any kind or nature or the provision of a professional, personal or other service, and includes any activity carried on by a government, government agency, crown corporation, educational institution, municipality, or charitable organization; c. "cannabis" means any part of a cannabis plant, including the substances that contains or has on it any part of such a plant. Any substance whether that part has been processed or not. Any substance or mixture of plant, regardless of how the substance was obtained;
that is identical to any phytocannabinoid produced by, or found in, such a general public for the purpose of access to a retail shop, establishment or d. "common area" means any enclosed area of a building that is open to the stairwells, lobbies, public rest-rooms and elevators;
office, and includes but is not limited to corridors, passageways, escalators,
е. "council" means the Council of the Town of Luseland Appendix C, attached thereto which it is owned or operated by the Town and
f. "designated municipal building" means any building or area within or area in which is governed by the scope of this bylaw;
"designated smoking area" means one or more areas designated under premises;
h. "drinking establishment" means a business where the primary purpose is the sale of alcoholic beverages for consumption on the premises and the secondary purposes of which may include entertainment, dancing, music, the preparation and sale of food for consumption on the premises, take-out food services and the sale of alcoholic beverages for consumption away from the inhalant-type device, whether called an electronic cigarette or any other name,
"electronic smoking device" means an electronic device, a vaporizer or substance and produce a vapor intended to be inhaled by the user of the that contains a power source and heating element designed to heat a device, whether or not the vapor contains nicotine;
purposes, including schools and other such places;
intended for use as a place in which individuals come for educational
"educational institution" means any building or portion thereof used or service to an employer, or a person who receives any instruction or training in k. "employee" means a person who performs any work for, or supplies any the activity, business, work, trade, occupation or profession of an employer;
profession, project or undertaking who has control or direction of, or is directly
overseer, receiver, or trustee of an activity, business, work, trade, occupation,
"employer" includes an owner, operator, proprietor, manager, superintendent, or indirectly responsible for, the employment of a person in it;
i. That is covered by a roof; and
vehicle or conveyance or a part of any of them,
m. "enclosed public place" means the inside of any place, building or structure, or expressly or by implication, whether or not a fee is charged for entry;
ii. To which the public is ordinarily invited or permitted access, either vehicle or conveyance or a part of any of them, n. "enclosed workplace" means the inside of any place, building or structure, or i. That is covered by a roof; and employment whether or not they are acting in the course of their ii. That employees work in or frequent during the course of their employment at the time;
provisions of this Bylaw;
of the Council for the Town of Luseland for the purpose of enforcing the
o. "enforcement officer" means anyone appointed and acting under the direction to enter or exit a building, including windows;
"entrance and exit" means any entrance or exit used by the public and/or staff
"municipality" means the Town of Luseland in Appendix B;
"no smoking or no vaping sign" means a sign prescribed by this Bylaw set out sports fields, pool, rink, and includes any lane and walkway leading thereto, or used for public recreation including, but not limited to, parks, playgrounds,
"outdoor place of public assembly" means an area outside that is designated any parking lots connected thereto, and any spectator or player seating areas;
consumption of food or beverages by patrons;
"outdoor patio" means an area outside of a building intended for the which members of the public are invited to enter for the purpose of receiving u. "personal service establishment" means any building or portion thereof in services, health spa services, massages, tattoos or electrolysis, as the case the following, but not limited to, haircuts, manicures, ear-piercing, tanning, spa members of the public assemble whether by invitation or by general admission v. "place of public assembly" means a building or portion thereof where amusement and includes, without limiting the generality of the foregoing, for the purposes of worship, entertainment, recreation, business or bowling alleys, bingo halls, curling rinks, halls, libraries, and museums;
theatres, convention centers, arenas, rec centers, pool and billiard halls, cigar, cigarette, pipe or any other smoking device;
w. "smoke" or "smoking" means the lighting, carrying or smoking of any lighted x. "smokeless tobacco" means and includes any form of chewing tobacco or y. "town" means the Town of Luseland;
authorized official of the Town of Luseland;
z. "town administrator" means the Town of Luseland Administrator or other
## aa. "vape" or "vaping" means;
electronic smoking device or similar device containing tobacco,
i. Inhaling or exhaling the vapor, emissions or aerosol produced by an nicotine, cannabis or any other substance; and bb. "waterpipe" means any lighted or heated smoking equipment, whether called a waterpipe or any other name, used to burn or heat tobacco or non-tobacco substance or a combination thereof, with which vapor or smoke may be passed through the water basin before inhalation.
## Ill. PROHIBITION
c. Restaurants:
b. Educational Institutions;
2. No person shall smoke, waterpipe, vape or use smokeless tobacco in any of the following public places except in a designated smoking area established in accordance with Part V of this Bylaw. No proprietor, employer, or employee shall permit the smoking, water piping, or vaping in any of the following public places: a. Common areas;
forming part hereof;
d. Designated Municipal Buildings, as set out in Appendix C attached hereto and g. Retail Shops;
e. Personal Service Establishments; Places of Public Assembly;
School Buses;
Service Lines;
Outdoor Patios
Outdoor Places of Public Assembly;
Drink Establishments;
Entrances and Exits;
Common Areas;
m. Businesses;
Enclosed Public Places; and The prohibitions in this Bylaw shall apply whether or not a notice is posted that
Enclosed Workplaces.
smoking and vaping is prohibited.
3. A proprietor or employer of a designated place may, where sufficient space exists, ensure that ashtrays are placed more than three (3) meters from the entrance or exit of designated place.
anything other than an ashtray, as defined within this Bylaw. Any person who does
4. No person may dispose of ashes, butts or residue of tobacco or cannabis products in not comply with this Section is guilty of an offense.
5. No person shall smoke or hold lighted tobacco, smoke or hold lighted cannabis, smoke or hold a lighted waterpipe, or use an electronic device within three (3) meters from any entrance or exit
## SIGNS
6. Subject to Section IV (8) and (9), a person who carries on a business in any of the public places listed in Section Ill, shall promptly display and keep prominently displayed one or more no smoking no vaping signs.
this Bylaw.
Vehicles as he/she deems appropriate to inform the staff and public any provisions of
7. The Town Administrator shall post a sign(s) in the Town Buildings and/or Town here (5.ghici chand a wide um of 15 centimeters high and 20 centimeters c. The words Town of Luseland Bylaw No 2024-02
and may include
9. A No Smoking No Vaping sign outdoors near entrances and exits shall state: a. The phrase "Thank you for not smoking or vaping within 3 meters of doorways, windows, and air intakes", and b. A graphic symbol substantially in the form shown on Appendix A attached hereto which shall be a minimum of 4.5 centimeters high and 14 centimeters wide (1.7" high and 5.5" wide).
c. The words Town of Luseland Bylaw No 2024-02
and may include
"smoking and vaping in this area only"; or
10. A designated smoking and vaping area sign shall state:
b. "smoking and vaping permitted" or
- c. Words or graphics symbols of similar meaning, an example of which is shown in Appendix B
11. No person shall remove, cover up, mutilate, deface or alter any sign required to be posted.
## V. DESIGNATED SMOKING AREAS
a. If the area is equipped with a ventilation system that is separate from the ventilation system of the remainder of the building, is under negative pressure and is vented directly to the outdoors; b. If the area is not used for any function other than a smoking and vaping area; and
12. The owner or operator of a public place listed in section 3, as a matter of policy, may designate one or more smoking areas in the business premises, by prominently posting in those areas a designated smoking and vaping area sign in the following circumstances:
Commissioner or under any other law.
c. If the area is not located in an area in which smoking is prohibited by the Fire
## VI. EXCEPTIONS
13. Traditional pipe ceremonies are exempt from this Bylaw.
14. This Bylaw does not apply to the portion of a premises used primarily as a private dwelling.
VIl. OFFENCES AND PENALTIES
15. Any person who smokes and/or vapes within an area set out in Section Ill and not within a "smoking area" designated pursuant to Section V is guilty of an offence against this Bylaw.
16. Any owner or proprietor of a business or premises who: a. Refuses to warn an individual who is smoking or vaping in the business or premises in any area where they are not permitted to do so under this Bylaw;
b. Permits or allows an individual to continue to smoke in the business or premises in any area where they are not permitted to do so under this Bylaw Is guilty of an offence pursuant to this Bylaw.
the signage required under section IV is guilty of an offence.
17. Any owner or proprietor of a business or premises who does not erect or place any of
18. Any owner or proprietor of a business or premises who designates smoking areas that are not established as required in section V is guilty of an offence.
19. Any person who is guilty of an offence against any provision of this Bylaw shall be Hate we mean in 850 , ease a aprior, and In any case of not less than:
c. One Hundred Dollars ($100.00) for a first offence;
d. One Hundred and Twenty-Five Dollars ($125.00) for a second offence; and e. One Hundred and Fifty Dollars ($150.00) or more for a third and each subsequent offence.
20. Notwithstanding all sections of VII, where an Enforcement Officer believes that a person has contravened the provisions of any of the sections of this Bylaw, he/she nay serve or cause to be served upon such person a Town of Luseland Bylaw Ticket, providing the person is a resident of the Town of Luseland and surrounding district, or a Summary Offence Ticket Information, providing that the person is not a resident of the Town of Luseland and surrounding district, as prescribed by this section.
21. The Town of Luseland Bylaw Ticket shall be in prescribed form similar to that provided in Appendix D of this Bylaw and shall indicate thereon the Section of the Bylaw which was contravened and the amount of the penalty to be paid as provided in section VII (19) hereunder.
22. The Summary Offence Ticket Information shall be in prescribed form similar to that provided in Appendix E of this Bylaw and shall indicate thereon the Section of the Bylaw which was contravened and the amount of the penalty to be paid as provided in Section VII (19) hereunder.
a. Seventy-Five Dollars ($75.00) for a first offence;
23. The Voluntary penalty for contravention of the provisions of this Bylaw are:
One Hundred Dollars ($100.00) for a second offence; and
One Hundred and Twenty-five Dollars ($125.00) or more for a third and each
## subsequent offence.
24. Upon production of the Town of Luseland Bylaw Ticket or Summary Offence Ticket Information issued pursuant to section VII (21) or section VII (22) within seven (7) days from the date of service, together with payment as indicated to the Town of Luseland Administrator or designate thereof at the Municipal Office, Luseland, Saskatchewan, it will be accepted as a guilty plea to the offence.
25. If payment pursuant to section VII (21) or section VII (22) is not received within seven (7) days, a summons shall be issued to the person alleged to have committed the offence, and thereafter the provisions of section VII (21) or section VII (22) shall no longer apply with respect to that offence, and may be liable to further prosecution with fines under section VII (19) being payable on summary conviction.
## VIlI. SEVERABILITY
26. A decision of the Court that one or more provisions of this Bylaw are invalid in whole or in part does not affect the validity, effectiveness or enforceability of the other provisions or parts thereof with respect to this Bylaw.
Bylaw No. 2002-12 is hereby repealed.
This Bylaw shall come into force and take effect on the day of approval by the Council of the Town of Luseland.
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Read a third time and adopted this la day of March 2024
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APPENDIX "A"
TOWN OF LUSELAND BYLAW NO. 2024-02
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APPENDIX "B"
TOWN OF LUSELAND BYLAW NO. 2024-02
## Thank you
Saskatchewan /
saskatchewan.ca
for not smoking or vaping
within 3 metres of doorways, windows, and air intakes.
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## APPENDIX "C"
## TOWN OF LUSELAND BYLAW NO. 2024-02
The Designated Town Buildings shall include the following:
a. Town Office;
c. Luseland Salvador Homecoming Hall;
b. Luseland Mall;
Luseland Fire Hall;
e. Luseland Swimming pool:
Water Treatment Plant;
Town Recycle Building;
h. Town Storage Shop;
g. Town Shop;
Fairground Buildings:
k. Sky Dome;
m. Pump Houses;
p. Transfer Station.
o. Museum; and
n. Airport Building;
## APPENDIX "D"
## TOWN OF LUSELAND BYLAW NO. 2024-02
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## NOTICE OF VIOLATION TOWN OF LUSELAND
NAME:
MAST
PFIRSTY
ADDRESS:
LUSELAND
(OTHER)
NO..
Male 1) Female () DOB: \_
Der. Months Yea
(PROVINCE
ON THE
\_ DAY OF
20\_ AT\_
AT
AM / PM
(ANE)
Did unlawfully commit the following offence under:
( ) BYLAW NO.
Section No.
( ) BYLAW NO.\_
Section No.
( ) BYLAW NO.
Section No.
Description of Offence:
VOLUNTARY PENALTYS.
IDENTIFICATION:
Licence No.\_
Province: Sask/ | Other
Name ol Enforcement Ollicer suing Summons
(POSTAL CODE:
(SASKATCHEWAN)
(LOCATION)
(LOCATION)
¡LOCATION)
FINE REVENUE IS PAYABLE TO:
Town of Luseland
503 Grand Ave
Luseland, SK SOL 2AO
rou may make voluntary payment of the above penalty at the Munepal Office of the Town of Luseland during regular office hours or by mall within seven (2) days from the date of service of this Notice of
violation. rosecution in court and, upon summary conviction, youshall be lable to the penalty provided for
"you do not maice the voluntary payment witin the ome setout above, you shall be llable to under the General Penalty Section of the said Bulaw.
APPENDIX "E"
## TOWN OF LUSELAND BYLAW NO. 2024-02
ON BEHALF OF HER MAJESTY THE QUEEN IN THE PROVINCE OF SASKATCHEWAN THE PEACE OFFICER DECLARES THAT HE SHE
HAS REASONABLE GROUNOS TO BELIEVE ANO DOES BELIEVE THAT:
DANERSIDENCEND. Schemen ILL Chas.
- Other Junsdiction
3, on ma.
20
VIT THE FOLLOW
- Tha Mignuays and Transparasion All 1997
- Regulssors undor indicatod ACT.
Description of Oftence: I Exceed Sored Limtol,
- Diner:
- Passenger toning to property mere smal bett
- Other.
- A payment option of 3.
- extete which must bo paid no bear then the.
Puntuane 1o The Summary Oftencho Procodure Ace, 1990 thie oftence rollers to:
day of
Pursne do Tha Summary Ollences Procedure Act 1990 this oftence rebaten to: SuN
I no amount as shoem of you choose nol la Day the amount shoem betore your court date, or you riend to plead not gusty you are commanded to appear in:
- Traine Cour O Provincial Course.
on the .
\_ day of.
- M. to scare so the above charge and bo turer doul with according do che lore
ECTOR -
court date, or appens at:
- mataccour O provincial commot.
on tha.
..Me to seamar to tha stone charge and to hather dealt with according to thra lone.
. a Peace Oficer in Sambacheuen
CERTEY all dd anthe...
- day of.
, sue the icter
THE FOLLOWING DOES NOT FORM PART OP THE CHANGE BUT IS PROVIDED FOR FORMATION ORRY:
Typarewa and Model
- VEHICLEISAPOVIEA UNIT, TAUCX, (EXCLUDING PICK-UPS) OR BUS
NSG-DOTNO.
Larce Era Year
Which: was clocked at\_
00
Municipal Polce Offcer
Highway Traile Officer
umitr.
Widlie Officer
Rovenue Omicer
RAMP.
DATE
PLEA:
#
GIVEN UNTIL
O CULTY CO NOTOLILTY
SURCHARGE,
FOR CRONY,
FIHOMO OF THE COURT.
TOTAL
-SC DEF.COM
OTHER
20 --TORAY. DATEARD MACE OF NOCMENT.
SASKATCHENAN:
D
OCCUADE AGE RANBEE
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**S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 Appendix PART 1 Forms FORM A