The Smoking Bylaw, 2017 (No. 2017-20) - public smoking/vaping (functions as public-consumption rule) — full text

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Bylaw No. 2017-20 Disclaimer: This information has been provided solely for research convenience. Official bylaws are available from the Office of the City Clerk and must be consulted for purposes of interpretation and application of the law. Bylaw No. 2017-20 2 BYLAW NO. 2017-20 THE SMOKING BYLAW, 2017 _______________________________________ THE COUNCIL OF THE CITY OF REGINA ENACTS AS FOLLOWS: Purpose 1 The purpose of this Bylaw is to regulate smoking and vaping in public places. Authority 2 The authority for this bylaw is section 8 of The Cities Act and section 15 of The Tobacco Control Act. Definitions 3 In this Bylaw: (a) "City" means the City of Regina as a municipal corporation as well as the geographical area, as the context requires; (b) "enclosed public place" means all or any part of a building or other enclosed place or conveyance to which the public is customarily admitted or invited and includes: (i) an outdoor bus shelter; (ii) a public building or facility, including any part of a public building or facility that is rented out for private events; (iii) a vehicle that: (A) is used or made available for public transit or as a commercial vehicle; and (B) is used to transport members of the public; but only during any period that the vehicle is made available for hire, including any break period; (iv) a building, enclosed place or facility owned or leased by a private club that restricts admission to members and guests; and (v) the common areas of a multi-unit residential building; (c) "licensed premises" means any of the following places: (i) the portion of a place for which a restaurant permit, tavern permit or special use permit has been issued pursuant to The Alcohol and Gaming Regulation Act, 1997; and (ii) the portion of a tent or other portable shelter used in connection with an event which is open to the public or to which the public is customarily admitted or invited and for which a permit or an endorsement or an extension to an existing permit has been issued pursuant to The Alcohol and Gaming Regulation Act, 1997; (d) "outdoor public event" means any outdoor area of City owned, controlled or operated property including any sidewalk or street, being used for any public event where the public is invited to gather, including but not limited to: (i) a market, contest, festival, celebration, fair, exhibition or concert; or (ii) an outdoor public event held on any City property which is leased to a third party; or (iii) any event for which a City rental or use permit is required; (e) "outdoor public place" means any outdoor area of City owned, controlled or operated property that is open to the public or to which the public is customarily admitted or invited, and includes any outdoor recreational facility, utility easement, floodplain or buffer strip but does not include a street or sidewalk except during any outdoor public event, in which case a street or sidewalk being used as part of an outdoor public event is no longer excluded; (f) "outdoor recreational facility" means any outdoor City owned, controlled or operated playground, athletic field, spray pad, swimming pool, skating rink, skate park, picnic table, picnic shelter, gazebo, off leash area, outdoor exercise facility, running track, open-air stadium or other sports facility, hard surface court or athletic field, golf course, multi-use pathway or park; (g) "outdoor seating area" means an outdoor area or structure commonly referred to as a patio, deck, terrace or rooftop, whether enclosed or not, that is open to the public or to which the public is customarily admitted or invited that is operated as part of a restaurant or licensed premises, but does not include an outdoor area or structure made available by a restaurant or licensed premises if: (i) there is no seating of any kind provided in the area or in the structure; Bylaw No. 2017-20 2 (ii) there is no service of any kind provided in the area or in the structure; and (iii) there is no food or drink permitted in the area or in the structure at any time; (h) "owner" means any owner, lessee or operator; (i) "pedestrian mall" means a street or portion thereof designated for use by pedestrians and which prohibits or restricts vehicle use on all or any part of its width; (j) "restaurant" means any of the following places: (i) an enclosed public place for which a public eating establishment license has been issued pursuant to The Public Health Act, 1984; (ii) the portion of a tent or other portable shelter used in connection with a community event that is open to the public or to which the public is customarily admitted or invited and for which a temporary food service license has been issued pursuant to The Public Health Act, 1984; or (iii) a public place in which food is served or sold for the purpose of consumption at the premises and to which the public is customarily admitted or invited, commonly described as a restaurant, café, concession or other similar description; (k) "sidewalk" means the sidewalk constructed on or adjacent to a part of a street or that portion of a street intended primarily for use by pedestrians and does not include a pedestrian mall, public square or plaza or any part thereof; (l) "smoke or smoking" means to inhale, exhale, burn, carry or control a lighted cigarette, cigar, pipe, or similar equipment that burns any substance or generates smoke, and includes the use of a hookah pipe, water pipe or bong; (m) "street" means any street, alley or other road designed and intended for or used by the general public for the passage of vehicles, and includes any area primarily intended to be used for the parking of vehicles and the necessary passageways on that area; and does not include a pedestrian mall, public square or plaza or any part thereof; Bylaw No. 2017-20 3 (n) "vape or vaping" means the use of an electronic cigarette, vapourizer, or any other heated smoking equipment used to vaporize any substance whether or not it contains nicotine; and (o) "vape retail store" means a fully enclosed premises where the sole function of the premises is the sale of electronic cigarettes, vapourizers and other heated smoking equipment. Outdoor Public Seating Areas 4 No person shall smoke or vape in any outdoor seating area. 5 The owner of any area to which section 4 applies shall ensure that signs indicating that smoking and vaping is prohibited are displayed in a conspicuous location at all entrances to the outdoor public area and at least one sign in a conspicuous location in each outdoor seating or waiting area. 6 Signs required pursuant to section 5 must: (a) be at least 12.7 centimetres x 12.7 centimetres in size; (b) include, in black or red on a white background, the international symbol designating no smoking, with the symbol having a diameter of at least 9 centimetres; (c) include the words: "Smoking and Vaping Prohibited" or "No Smoking or Vaping", or other similar wording, in black on a white background; and (d) be clearly visible. 7 The absence of a sign as required by sections 5 and 6 does not relieve any person from compliance with section 4 of this Bylaw. 8 No owner of an area to which section 4 applies shall permit smoking or vaping within that area. Outdoor Public Place 9 No person shall smoke or vape in any outdoor public place. Public Places 10 No person shall smoke or vape within 10 metres outside of any doorway, window or air intake of an enclosed public place. 11 No person shall vape in any enclosed public place. Bylaw No. 2017-20 4 Exemptions 12 Nothing in this Bylaw prohibits a person from smoking or vaping for the purposes of traditional spiritual or cultural practices or ceremonies, if smoking or vaping is an integral part of the traditional spiritual or cultural practices or ceremonies being carried out with the consent of the owner of that place. 13 The onus to prove that the exemption in section 12 applies shall be on the person alleged to be in violation. 14 Section 11 does not apply to any places exempted from the application of section 11(2) of The Tobacco Control Act. 15 Nothing in this Bylaw prohibits a person from vaping for the sole purpose of testing the device, or sampling products used with the device, prior to purchase within a vape retail store. 16 Council may consider and approve any further exemption for an outdoor public event. Enforcement 17 Any person who contravenes any provision of this Bylaw is guilty of an offence punishable on summary conviction by a fine in an amount not exceeding: (a) Two thousand dollars ($2,000) in the case of an individual; (b) Five thousand dollars ($5,000) in the case of a corporation; or in default of payment by an individual, by imprisonment for a term of not more than thirty (30) days. 18 For the purpose of enforcement of this Bylaw and sections 324, 325, 326 and 328 of The Cities Act, the following persons are designated officers: (a) any member of the Regina Police Service; (b) any person employed by the City of Regina in the following positions: (i) Manager of Bylaw Enforcement; (ii) Senior Bylaw Enforcement Officer; and (iii) Bylaw Enforcement Officer; (c) any person designated by the City as a Bylaw Enforcement Officer; and Bylaw No. 2017-20 5 (d) any tobacco enforcement officer appointed under The Tobacco Control Act or any public health officer appointed under The Public Health Act, 1994. Repeal 19 Bylaw 10167 is repealed upon coming into force of this Bylaw. Effective Date 20 This Bylaw comes into force on July 15, 2017. READ A FIRST TIME THIS 29th DAY OF May 2017. READ A SECOND TIME THIS 29th DAY OF May 2017. READ A THIRD TIME AND PASSED THIS 29th DAY OF May 2017. Michael Fougere Jim Nicol Mayor City Clerk (SEAL) CERTIFIED A TRUE COPY City Clerk ABSTRACT BYLAW NO. 2017-20 THE SMOKING BYLAW, 2017 _____________________________________________ PURPOSE: To regulate smoking and vaping in public places. ABSTRACT: This bylaw prohibits smoking and vaping at outdoor public seating areas, City owned or operated outdoor public places, within 10 metres of windows, doors and air intakes of enclosed public places and prohibits vaping in enclosed public places. STATUTORY AUTHORITY: Section 8 of The Cities Act and section 15 of The Tobacco Control Act. MINISTER'S APPROVAL: N/A PUBLIC HEARING: N/A PUBLIC NOTICE: N/A REFERENCE: Executive Committee, May 17, 2017, EX17-15 AMENDS/REPEALS: Repeals Bylaw 10167 CLASSIFICATION: Regulatory INITIATING DIVISION: City Services INITIATING DEPARTMENT: Fire and Protective Services