Nakusp | British Columbia

Village of Nakusp Smoking and Idle Control Bylaw No. 623, 2009

Broad definition of smoking includes other weeds and substances. Smoking prohibited on beaches and all other recreation areas, as well as within 3 meters of any doorway, window or air intake of a place of Public Assembly (a building or structure, or portion thereof used for the purposes of education, recreation, or business). Exceptions: (a) Council, in its sole authority and discretion, may make exceptions as it deems necessary or appropriate by a resolution at a Regular Council Meeting. (b) Public areas such as the park or a ball field that is rented or leased from the Village by a private individual or organization, may have exceptions stated in and forming part of their agreements.

Products Included

Cigarettes, Cigars, Pipes, Other Weeds and Substances

Definitions

“Smoke or smoking” means, inhaling, exhaling, burning or carrying of a lighted cigar, cigarette, pipe or other smoking equipment of tobacco, or any other weed or plant.

Places Smoking Prohibited

Beaches
Doorways, air intakes, operable windows
Parks
Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities

Buffer Zones

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

Policy Analysis

This is considered leading edge because the definition of smoking includes other weeds and substances. Furthermore, smoking is banned on all beaches and within 3 m of the doorway of any public place or workplace. However, 3 m is not a great enough distance to prevent the smoke from entering buildings, creating a nuisance or health hazard for people entering and exiting. At least 7 m is recommended based on outdoor SHS scientific research. Council has the power to allow for exemptions, which is not recommended.

Enforcement

The bylaw indicates that it is meant to be largely self-enforcing: “The intent of this bylaw is to set standards in the general public interest, and not to impose a duty on the Village or its employees to enforce its provisions. A failure to administer or enforce its provisions, or the incomplete or inadequate administration or enforcement of its provisions, does not give rise to a cause of action in favor [sic] of any person.”

Date Passed: January 26, 2010

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? No

Supporting Information

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

Contact: info@nakusp.com or 250-265-3689

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