Sechelt, District of | British Columbia

District of Sechelt Smoking Control Bylaw No. 551, 2016

On 15 June 2016, a report regarding Bylaw 551, 2016 was received by Council but it did not receive first reading as recommended in the report.

Staff has been requested to provide Council with details on the approximate cost of signage for non-smoking areas and whether these costs can be covered within the 2016 budget. Also, Part 3(2) of the Smoking Control Bylaw No. 551, 2016 needs to be clarified as the wording currently suggests that smoking is allowed on public walkways.

The bylaw has been referred to the Planning and Community Development Committee for further review and for public consultation, and it is anticipated that a revised draft will be brought forward in the months to come.

It is proposed that smoking be prohibited:

  • In a Building;
  • In a Vehicle For Hire;
  • In or within 9.5 metres of the perimeter of an Outdoor Customer Service Area;
  • Within 9.5 metres measured on the ground from a point directly below any opening into any Building including any door or window that opens or any air intake.

In addition, it is proposed that a person must not smoke in or within 9.5 metres of:

  • A park or amenity including but not limited to the following; children’s play equipment or a playground, playing field (if other persons are present), swimming beach, food concession, picnic area, skateboard park in a park or District trail;
  • Any part of a park or other District property that is being used for any public event or activity that the District has authorized by the issuance of a permit with the exception of public walkways providing a public thoroughfare through the site;
  • The grounds of any municipal building used for public recreation.

Products Included

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

Definitions

Proposed definitions include:

“Building” means a structure, located on the ground, which is designed, erected, or intended for the support, enclosure, or protection of persons or property. When a structure is separated by party walls located upon lot lines then each portion of such structure shall be deemed a separate building;

“Outdoor Customer Service Area” means a part of private or public property located immediately outside of a restaurant, retail food service, neighbourhood public house or licensed lounge whether partially enclosed or unenclosed, including a balcony, patio, yard, or sidewalk that is connected to or associated with a Business or use in a Building or Premises that includes the service of food or beverages, which may include alcoholic drinks, to customers or other persons for consumption on site;

“Place of Public Assembly” means a Building or Structure used for the assembly of persons for such purposes as deliberation, education, worship, entertainment, recreation, business or amusement, including a shopping mall and a bingo hall, but does not include a Restaurant or a private residential dwelling;

“Smoke” or “Smoking” means to inhale, exhale, burn or carry a lighted cigar, cigarette, electronic cigarette, pipe, waterpipe or other lighted smoking equipment that burns or vaporizes tobacco or other weed or substance but does not include or apply to the ceremonial use of tobacco in connection with a traditional aboriginal cultural activity.

Places Smoking Prohibited

Beaches
Doorways, air intakes, operable windows
E-cigarettes (indoors)
E-cigarettes (outdoors)
Municipal Property
Outdoor Events
Parks
Patios - Restaurants and Bars
Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities
Trails
Waterpipes (indoors)
Waterpipes (outdoors)

Buffer Zones

Beaches - Buffer Zone 1-10 m
Doorways, Air Intakes and Operable Windows - Buffer Zone 1-10 m
Outdoor Events - Buffer Zone 1-10 m
Parks - Buffer Zone 1-10 m
Patios - Buffer Zone 1-10 m
Playgrounds - Buffer Zone 1-10 m
Sports and Recreational Fields and Facilities - Buffer Zone 1-10 m
Trails - Buffer Zone 1-10 m

Policy Analysis

If this bylaw is passed it will be considered leading edge by virtue of its comprehensive definition of smoking that includes e-cigarettes, waterpipes, and other weeds and substances.

It is proposed that smoking be prohibited both indoors, including in all buildings, as well as outdoors (municipal property, smoke-free buffer zones around buildings and also around patios).

Date Passed:

Date in Force:

Date Last Amended:

Leading Edge: Yes

Level of Government: Municipal

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

Bylaw Under Development? Yes

Supporting Information

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

2016 Survey Results (Proposed Smoking Control Bylaw)

15 June 2016 Council meeting minutes (includes draft bylaw)

Draft Bylaw No. 551 (p. 35-41)

October 13 Staff Report, including Public Opinion Survey (p. 14-34)

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