Duncan | British Columbia

Bylaw No. 3064, 2012, Being a Bylaw to regulate and prohibit smoking in certain areas of the City. Also known as Smoking Regulation Bylaw No.3064, 2012

Smoking is prohibited within 3 m of most public or workplace doorways, operable windows or air intakes, in any public facility and in substantially enclosed transit shelters. Public facilities are broadly defined to include parks, playgrounds, sports fields and the area surrounding City Hall where public and private events are held. Smoking is also prohibited in private vehicles when children or youth under the age of 16 are present. The broad definition of smoking includes other weeds or substances which are also prohibited inside public places and workplaces.

Products Included

Cigarettes, Cigars, Pipes, Other Weeds and Substances

Definitions

“Smoke” or “smoking” means the inhaling, exhaling, burning or carrying of a lighted cigarette, cigar, pipe or other lighted smoking equipment burning tobacco or any other weed or substance, but does not include the carrying of lighted incense, smoking by actors as part of a stage or theatrical performance or as part of a traditional aboriginal cultural activity. “Public facility” includes, but is not limited to, any outdoor gathering place, buildings and land owned or operated by the City of Duncan, including but not limited to parks, playgrounds, sports fields, and City Square. “City Square” shall mean the area immediately surrounding City Hall, including all benches, the stage, sidewalks and brickwork areas East of Craig Street, South of Ingram, and west of the Canada Avenue sidewalk and during public or private events shall include Craig Street and any adjacent sidewalks when closed for event purposes.

Places Smoking Prohibited

Doorways, air intakes, operable windows
Outdoor Events
Parks
Playgrounds, which may include Splash Pads and Wading Pools
Private Vehicles with Children Present
Sports and Recreational Fields and Facilities
Transit Shelters/Stops

Buffer Zones

Doorways, Air Intakes and Operable Windows - Buffer Zone 1-10 m

Policy Analysis

This bylaw is considered leading edge because it includes other weeds and substances and prohibits their use inside public places and workplaces. It is also leading edge because it prohibits smoking in vehicles when youth under age 16 are present. The bylaw is also technically leading edge because of the 3 m smoke-free buffer zone around doorways to public places and workplaces. However, 3 m is not a great enough distance to prevent the smoke from entering a building and from creating a nuisance or health hazard for people entering and exiting. At least 7 m is recommended based on outdoor SHS scientific research. Exemptions for stage performances are not recommended.

Age Restrictions

Private Vehicles with Children Present - 16

Date Passed: December 17, 2012

Date in Force: December 17, 2012

Date Last Amended:

Leading Edge: Yes

Level of Government: Municipal

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

Bylaw Under Development? No

Supporting Information

Please find contact information related to this bylaw, and links to supporting materials.

Contact: duncan@duncan.ca or 250-746-6126

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