Kelowna | British Columbia

Bylaw No. 11023 – Amendment No. 2 to Parks and Public Spaces Bylaw No. 10680 Bylaw No. 10680 – Parks and Public Spaces Bylaw (Consolidated for Convenience to Include Bylaw No. 10797) Bylaw No. 6819-91, Parks and Public Spaces Bylaw (Consolidated for Convenience to Include Bylaw Nos. 7123, 7592, 7872, 8044, 8378, 9061, 9071, 9175, 9453, 9524, 9496, 9696, 9852, 10032, 10222, 10426, and 10797)

Broad definition of smoking. Smoking prohibited in all parks, which are defined as “any real property owned or subject to a right of occupation by the City for the purposes of pleasure, recreation or community uses of the public including public parks, playgrounds, public squares, pathways and other public places and all improvements and shall include all beaches and other public areas adjacent to lakes or streams including foreshore or land covered by water; but does not include the travelled portion of a highway.” In the amended version of the bylaw (March 2015), clause 3.36 now states that, “No Person shall Smoke in a Park or Public Space except in a designated Smoking area.” This means that waterpipes and electronic smoking devices, as well as other weeds and substances, are included. The new definition of public places now allows staff to prohibit smoking around a public transit exchange, bus shelter or bus stop, as well as on all municipal property. Smoking is also prohibited on the surface of Okanagan Lake and the lake foreshore.

Products Included

Cigarettes, Cigars, Pipes, Electronic Smoking Devices, Other Weeds and Substances, Waterpipes

Definitions

“Smoke or Smoking means to inhale, exhale, burn or carry a lighted cigarette, cigar, pipe, hookah pipe, electronic cigarette, or other smoking equipment, that burns or vaporizes tobacco, marijuana or any other substance.” “Public Space means any real property or portions of real property owned or leased by the City to which the public is ordinarily invited or permitted to be in or on, and includes, but is not necessarily limited to, the grounds of public facilities or buildings, the surface of Okanagan Lake and the lake foreshore, any public transit exchange, transit shelter or bus stop, and public parkades or parking lots.”

Places Smoking Prohibited

Beaches
E-cigarettes (outdoors)
Municipal Property
Parks
Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities
Trails
Transit Shelters/Stops
Waterpipes (outdoors)

Policy Analysis

This bylaw is considered leading edge because it prohibits the use of other weeds and substances, including marijuana. By virtue of a new definition of smoking, the bylaw also deals with waterpipes and electronic cigarettes outdoors, but not indoors, which should be rectified through its bylaw that deals with clean indoor air. Smoking is banned on beaches and trails but the bylaw also allows for designated smoking areas, which are not recommended. However, Kelowna has shown significant leadership by prohibiting smoking on the surface of Okanagan Lake and the entire lake foreshore. To our knowledge, this is the first municipality in Canada to prohibit smoking on a lake.

Enforcement

Kelowna Parks Services will focus on voluntary compliance through education. Due to the size and nature of Kelowna’s park system (approximately 200 parks covering 900 hectares), signage may not be available, but the bylaw is still in effect.

Date Passed: March 26, 1991

Date in Force:

Date Last Amended: March 30, 2015

Leading Edge: Yes

Level of Government: Municipal

Smoke-free Ontario Act Status: Exceeds Smoke-free Ontario Act

Bylaw Under Development? No

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