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BY-LAW 10-01 OF THE TOWN OF ATHABASCA, IN THE PROVINCE OF ALBERTA, TO
REGULATE SMOKING WITHIN THE TOWN OF ATHABASCA.
WHEREAS CONTINUED EXPOSURE TO ENVIRONMENTAL TOBACCO SMOKE IN
PUBLIC PLACES AND WORKPLACES IS AN UNACCEPTABLE HEALTH RISK; AND
WHEREAS IT IS DESIRABLE TO PROMOTE THE HEALTH AND WELL BEING OF
PERSONS, ESPECIALLY CHHJDREN, IN THE MUNICIPALITY; AND
WHEREAS IT IS THE INTENT OF COUNCIL TO PROTECT THE PUBLIC HEALTH AND
WELFARE BY RESTRICTING SMOKING IN RESTAURANTS, TO PROTECT SMOKE-
FREE AIR FOR NON-SMOKERS, AND TO RECOGNIZE THAT THE NEED TO BREATHE
SMOKE-FREE AIR SHALL HAVE PRIORITY OVER THE DESIRE TO SMOKE IN AN
ENCLOSED PUBLIC AREA; AND
WHEREAS PART H - 7 (a & b) OF THE MUNICIPAL ACT (s.a. 1994 c M-26.1 as amended)
AUTHORIZES THE COUNCIL OF A LOCAL MUNICIPALITY TO PASS A BY-LAW
REGULATING THE SMOKING OF TOBACCO IN PUBLIC PLACES OR WORKPLACES
AND DESIGNATING PUBLIC PLACES OR WORKPLACES OR CLASSES OR PARTS OF
SUCH PLACES AS PLACES IN WHICH SMOKING TOBACCO OR HOLDING LIGHTED
TOBACCO IS PROHIBITED;
THE COUNCIL OF THE TOWN OF ATI-IABASCA HEREBY ENACTS AS FOLLOWS:
PART I
1.
DEFINITIONS
"CLASS "A" public place" means an enclosed building or an enclosed portion of building
used for the sale of goods and/or service of food or drink or both food and drink to the
public for consumption on the premises but does not include outdoor patio or a Class "C"
public place.
dinner theatres
restaurants
fast food outlets
community halls
Class "A" public place includes:
Class "A" public place shall be designated as:
100% SMOKE-FREE.
"CLASS "B" public place" means a public place used for the playing of games of chance as
de?ned by the Gaming ControlAct, 1992, whereno patron under the age of eighteen (18) years
of age is admittedto the premises at any time. and includes such public places as Church
basements, community halls, non and/or not-for-pro?t society facilities, and other places of
public assembly.
Class "B" public place shall be:
E)$'MPTED
FROM THIS BYLAW.
"CLASS "C" public place" means an enclosed building or an enclosed portion of a building
used for the sale and service of food and drink to the public for consumption on the
premises which is licensed under the Liquor License Act and where no patron under the age
of eighteen (18) years of age is admittedto the premises at any time.
A Class "C" public place includes: bar
entertainment lounge
nightclubs
not-for-pro?t
organization's private social functions
Class "C" public place shall be:
EEMPTED
FROM ITHS BY LAW.
BY-LAW 10-01
OF THE
By-Law 10-01
Page
-- 2 -
10.
11.
12.
14.
16.
A Class "C" public place does not include premisesotherwisede?ned in this by-law;
Athabasca Branch #103 of the Royal Canadian Legion
PERSONS UNDER THE AGE OF EIGHTFEN
18 YEARSARE PRESENT.
"CLASS "D" publicplace" shall mean all public buildings owned by the Federal, Provincial,
and Municipal Governments and shallbe designated as JRE___L
"CLASS "E" publicplace" shallmean all telephone booths, elevators, escalators, stairwells,
and service lines and shall be designated as 1
"CLASS "F" public place" shall mean all busses, taxis, handi-busses, and public transit
vehicles and shall be designated as
"CLASS "G" public place" shallmean all buildings used for retail/commercial
purposes
within the boundaries of the Town of Athabasca;and shall be designated as;
Class "G" public place shall be:
E)$'MPTED
FROM THS BYLAW
"CLASS "H" public place" shall mean all buildings used for industrial purposes withinthe
boundaries of the Town of Athabasca;and shallbe designated as;
"Class "H" public place shall be:
EXEMPTED FROM THIS BYLAW
"employee" means a person who performs any work for or supplies any service to an employer,
and includesa volunteer and a person who is self employed and employment has
a correspondingmeaning;
"employer"
means any person who, as the owner, manager, contractor, superintendent or
overseer of any activity, business, work,trade, occupation,or profession, has control over or
direction of, or is directly or indirectly responsible for the employment of an employee, whether
paid or not, therein;
"enclosed" means closed in by a roof or ceiling and walls (includingglass) with an appropriate
opening or openings for ingress or egress, which openings are equippedwith doors which are
kept closed except when actually in use for ingress or egress;
"food court or indoor patio" means an area located within a public place that is used in
conjunction with a restaurant or take-outeating establishment,where unenclosedseating
accommodation is providedor where meals or refreshments are consumed by the public-
''Medical Officer of Health" means the MedicalOf?cer of Health for the Town of Athabasca
Regional Health Services Unit or any person acting under his or her authority;
"minor" shall mean a person underthe age of eighteen (18) and be consistentwith the
de?nition for "minor" as containedwithinthe LiquorControl Act of the Province of Alberta;
"proprietor"
means the person who ultimately controls, governs or directsthe activity carried
on within the premisesreferredto inPART III PUBLIC PLACES, and includesthe person
actually in charge of the premises;
"private club" means a not-for-pro?t corporate establishmentthat operates solely for the
bene?t andpleasure of its members,that directsits publicityand advertisementsto its members
and has passed bylaws regulating the admissionof persons and the conditions of membership,
the fees and dues of members,the issue of membershipcards, the suspension and terminationof
memberships,the quali?cation of and the remunerationof the directors, the time for and the
manner of electing directorsand the time, place and notice to be given for the holding of
meetings of the members and of the board of directors;
.u
AH
PART IV
SIGNAGE REQUIREMENTS
1.
Wherea no smoking sign is required to be placed or posted pursuant to this by-law, the sign
shall:
(a)
have the proportions, characteristicsand minimummeasurements
illustratedin
Schedule C at the end of and forming part of this by-law;
(b)
consist of two (2) contrasting colors,or if the lettering and graphic symbol is to be
applied to a surface or to be mounted on a clear panel, the lettering and the graphic
symbol shall contrast to the background color;
(c)
be posted in English and any other language the Medical Of?cer of Health may
decide.
Where an employer or proprietor prohibits smokingthroughout the entire workplace or public
place under the control, supervisionor ownershipof that employer or proprietor, that person
may post signs in a form, size and locationthat indicatethat the entire workplace or public plac
PART VI
REPEAL PROVISIONS
1.
The following by-law is amended to includeall municipallyowned buildings, facilities,an
d
vehicles.
(a)
By-Law 17-96governing smokingwithin Town-ownedfacilitiesand vehicles.
PARTVH
ENACTMENT
THIS BY-LAW COMES INTO FORCE OCTOBER 15 2001.
THE ATTACHED SCHEDULES "A", "B" & "C" MAY BE AMENDEDBY
PART V
OFFENCES
1.
Any person (property owner, proprietor,employer, employee, client,customer, etc.) wh
o
contravenes any provisionof this by-law is guilty of an offence.
Fines
(g)
(h)
Every proprie
(a)
prohib
except where smoking is permitted;
(b)
post no smoking signs conspicuously where smoking is prohibited in the premises
;
(c)
prohibit ashtrays and likeparaphernaliain areas where smokingis prohibited;
a home for specialcare as de?ned in the HomesfortheAged and Rest Homes Act
.
a school as de?ned in the EducationAct.
tor shall,
it smoking
By-Law 10-01
Page
- 4 -
0 Smoi ing Symbo?
The followingfacilities shall be designated as "No-SmokingFacilities".
1)
2)
3)
4)
5)
7)
8)
9)
10)
11)
12)
The Athabasca Skating Arena located at Lot B, Block 3, Plan 778 K.S.
BEING 4409 - 48"' Street.
Anton]. SchinkingerMunicipal Building located at Lots 21 to 24, Block 22
,
Plan 7241A.H. BEING 4705 - 49"'Avenue.
The Town Public Works Shop located at Lot A, Plan 2197RS BEING 4901
Woodheights Road (rented from County of Athabasca).
The JohnM. Stychin Water Treatment Plant located at Lot 3A, Plan 992-
6518 BEING 5004 - 519*Avenue.
The Town of Athabasca Fire Hall located at Lot 1, Plan 912 0677 BEING
4707 - 50"!Street.
The Town of Athabasca Landing Pool 8: Teen Centre located at Lots 13 to
18, Block 21, Plan 7241AH BEING 4705 - 48* Avenue.
The Brick School Complex which includes the Nancy Appleby Theatre,
the Archives, the Alice B. Donahue Library, and the offices in the Brick
School located at Lots 6 to 9, Block20, Plan 7241AH BEING 4720 - 48"'
Street.
The Town of Athabasca Community Centre located at 4901 - 48"'Street.
The Town of Athabasca Curling Rink ground ?oor located at Lot B, Block
3, Plan 778KS BEING 4409 - 48th Street.
The Town of Athabasca Tourism Booth (Train Caboose) located at on
Riverfront Lot 12, Plan 992-6518on 47"' Street entry to Campsite.
The Town of Athabasca Riverfront Stage located in Town Common Lot
6A, Plan 992-6518BEING 4909 - 50"'Avenue.
ALL VEHICLES AND EQUIPMENTOWNED BYTHE TOWN OF
FACILITIES 8: PROPERTY
TOWN-OWNED
Any person who smokes
in violation of any of the provisions
of this By-law
shall be liable to a penalty of $100.00 and, upon summary conviction, to a
?ne up to the maximum of $2,000.00
The Municipal Manager or his designate
shall be responsible
for the
enforcement
of this By-Law.
NO SMOKIN
GFINES
SYMBOL & SIGN