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CITY OF PRINCE ALBERT
BYLAW NO. 31 OF 2020
A Bylaw of The City of Prince Albert to regulate the conduct
and activities related to smoking· by people in public places
WHEREAS the Council of The City of Prince Albert deems it des·irable to
promote safe, enjoyable, and reasonable use of public places for the benefit of all
residents and visitors.
NOW THEREFORE THE COUNCIL OF THE CITY OF PRINCE AlBERT
IN OPEN MEETING ASSEMBLED ENACTS AS FOLLOWS:
Short Titl'e
1.
This Bylaw may be cited as the "Smoking in Public Places Bylaw".
Defiinitions
2.
In this Bylaw:
(a)
''Building" means an enclosed or substantially enclosed buil'ding or
structure and, without limiting the generality of the foregoing , includes any
bus shelter.
(b)
"Bylaw Enforcement Officer" means a person appointed by Council
pursuant to Section 337 of The Cities Act.
(c)
"City" means the Oity of Prince Albert.
(d)
"City Manager" means the chief administrahve officer of the City.
(e)
"City Vehicle" means any motor vehicle either owned by the City or with
respect to which the City is the lessee.
(f)
"Council" means the Council of the City of Prince Albert.
(g)
"Des·ignated Smoking Area" means an identifiabl'e :location outside of a
facility in which smoking is permitted.
BYLAW NO. 31 OF 202{)
PAGE 1
(h)
"Director" means the Director of Community Services of the City of Prince
Albert or designate.
(i)
"Electronic Cigarette" means a handheld device contain,ing a liquid that is
vapourized and inha,led, and tncludes but is not limited to electronic
cigarettes, e-cigarettes, vapourizer cigarettes, personal vapourizers, and
-electronic nicotine delivery systems.
U)
"Electronic Cigrarettes Retailer or a Vape Store Retailer" means a fully
enclosed premises where the sole function of the premises is the sale of
e
11ectronic cigarettes and electronic cigarette products, and for which a
valid City business license has been issued pursuant to the City of Prince
Albert's Business License Bylaw.
(k)
"Facility'' means buildings or improvements owned or operated by the City
of Prince Albert, whether under a joint-use agreement or otherwise, and
land, parking lots, d;riveways and passageways for ingress and egress
ancillary thereto.
(I ).
"No Smoking Area" means any public place, or portion of a public place,
designated by temporary or permanents signage or other marking as a no
smoking area.
(m)
"Park" means land owned by the City of Prince Albert whether controlled
by a person under contract with the Ciity of P·rince Albert or otherwise.
(n)
"Patio'' means an area outside of a building in ~tended for the consumption
of food or beverages by patrons of a business providing such food and
beverages.
(o)
"Playground" means a permanently mounted structure or collection of
structures designed and lntended for recreational use by children.
(p)
"Police Officer" means any member of a police force in Saskatchewan,
and any person appointed pursuant to The Police Act, 1990 as a special
constable or peace officer.
(q)
"Public Vehicle'' means a bus, taxi or other vehicle that is used to transport
members of the public for a fee.
(r)
"Seasonal Skating Rink" means an outdoor ice surface on which members
of the public are permitted to skate, whether on payment of any fee or not,
and indudes public la'kes, ponds, and outdoor r,inks with boards or other
ice support infrastructure.
BYLAW NO. 31 OF 2020
(s)
"Skate Park" means an area designed and intended specifically for the
use of skateboards, bikes, in-line skates, or similar devices.
(t)
"Smoke" or "Smoking" means to smoke, ho'ld, or otherwise have control
over an ign..ited tobacco product, igni,ted marij,uana product or any other
similar ignited product designed to be inhaled through the mouth or to use,
hold, or otherwise have control over an e'lectmnic cigarette or Hookah
pipe. This excludes the
lega ~l consumption of marijuana on Private
Property as outlined in the Government of Saskatchewan's Can.nabis
Framewor:k.
(u)
"Sports Field" means an outdoor area designed and intended for use in a
specific sporting event and includes soccer fields, football fields, baseball
diamonds., tennis courts, basketball courts ,, and simi,lar areas but does not
include golf courses.
(v)
"Tobacco Product" means a product manufactured from tobacco and
intended to be smoked including, but not limited to, a cigarette or a cigar.
(w)
"Water Spray Park" means a structure or collection of st·ructures that spray
or release water which is designed and intended for recreational' use.
(x)
"Window" means a window that can be opened to admit air.
Genera·l Prohibitions
3.
A person shall not smoke o:r vape:
(a)
Inside a building;
(b)
On a restaurant patio;
(c)
Inside a public or City vehicle;
(d)
Within 9 meters from a main entrance and 6 meters from a secondary
doorway, window or air intake of a building or patio;
(e)
Within 9 meters from an outdoor spectator area, public playground,
seasonal skahng rink., s'kate park, basketbal,l or tennis court, sports field,
outdoor paddling pool or spray park;
(f)
Within alii areas of the Kinsmen Water Park;
(g)
At Little Hed River Park during a fire ban;
BYLAW NO. 31 OF 2020
PAGE 3
(h)
At a facility with a designated smoking area except within the designated
smoking area.
Siqnage
4.
The owner of any area under Section 3 shall ensure that signs indicating that
smoking and vaping is prohibited are displayed in a clearly visfbl'e location at all
entrances to the publk area.
5.
Signs required under section 4 must:
(a)
be at least 12.7 centimetres x 12.7 centimetres in size;
(b)
include, in black or red on a whirte background, the international symbol
designating no smoking, with the symbol having a diameter of at least 9
centimetres;
(c)
incl'ude the words: "Smoking and Vaping Prohibited" or "No Smoking or
Vaping".
6.
The absence of a sign as required by Sections 4 and 5 does not relieve any
person from compliance with Section 3 of this Bylaw.
Exemptions
7.
Nothing in this part of the By'law prohibits a person from smoking or holding
lighted tobacco or tobacco related products for the purposes of traditional
spiritual or cultural practices or ceremonies, if the product is an integral part of
the traditional spiritual or cultural practices or ceremonies being carried out with
the consent of the owner.
8.
The onus to prove that the exemption in Section 7 applies shall be on the person
alleged to be in vio"lati:on.
9.
Noth'ing in this part shall restrict smoking on property designated as an Urban
Reserve.
10.
Nothi,ng in thi.s Bylaw prohibits a person from vaping for the sole purpose of
testring the device or sampling products used with the device, prior to purchase
within a vape retail store.
11.
Nothing in this part shall restrict a person from smoking in an area of a building
designed, intended and used exclusively as a private residence.
BYLAW NO. 31 OF 2020
PAGE4
Enforcement
12.
Any person who contravenes any provision of this Byl:aw, The Tobacco Control
Act of Saskatchewan, or any Bylaw or Act as may be passed in their stead from
time to time is guilty of an offence punishable on summary conviction and liable
to a fine of not more than $2,000 .in the case of an individua'l or $5,000 in the
case of a corporation .
13.
In the case of an offence that is of a continuing nature, a contravention
conshtutes a separate offence in respect of each occasion on whi.ch it continues
and a person guil.ty of such an offence is liable to a fine in the amount not less
than that established by this Bylaw for each such occasion.
14.
The fo'llowing fine amounts have been established:
(a)
$220 for any offence for which a fine 1is not otherwise established 1in th·is
section.
(b)
Double thirs fine amount, $440, for an.y subsequent offence.
15.
A subsequent offence means an offence committed by a person within one (1)
year after that person has already been convicted of the same offence or has
voluntar.ily paid a fine for the same offence.
16.
When a Police Officer or Bylaw Enforcement Officer issues a summary offence
ticket for a vio'lation of this Bylaw, the Police Officer or Bylaw Enforcement Officer
may enter on the ticket the amount of $220 plus any applicable surcharges
which , if paid within the prescribed time, wiU be accepted as a guilty plea to the
offence.
17.
Without restricting any other power, duty or function granted by this Bylaw, a
Po'lice Officer or Bylaw Enforcement Officer may:
(a)
Carry out any inspections to determine compliance Wirth this Bylaw;
(b)
Take any steps or carry out any actions required to enforce this Bylaw;
(c)
Take any steps or carry out any actions required to remedy a
contravention of this Bylaw;
(d)
Establish areas where activities otherw.ise regulated , restricted
or
prohibi·ted by this Bylaw are permitted.
BYLAW NO. 31 OF 2.020
PAGE 5
18.
Without restricting any other power, duty or function granted by this Bylaw, and in
addition to the powers, duties and functions set out in provision 17 of this Bylaw,
a Police Officer may:
(a)
evict, or deny admission , or the right to ga·in entry to a park or facility, or
the right to any privilege associated with the use or occupation of a park or
facility, to any person who he or she reasonably believes to have
attempted or impeded with the enjoyment of any person attending a park
or facility or participating in an activity or performance.
Hepeal of Bylaws
19.
That Bylaw No. 28 of 2018 and all consequential amendments be repealed.
Coming into Force
20.
This bylaw shall come into force and take effect on, from and after the final
passing thereof.
INTRODUCED AND READ A FIRST TIME THIS \~~~ DAY OF ~-\.o~ , AD 2020.
READ A SECOND TIME THIS
\ ~ """"'
DAY OF Ot... -\.o'rer
I AD 2020.
READ A TH'IRD TIME ANID PASSED TH'IS
\~-\-It\
DAY OF 0(...\oW
I AD 2020.
MAYOR
BYLAW NO. 31 OF 2020
PAGES