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BYLAW NO. 1433-15
OF THE
TOWN OF BONNYVILLE
A BYLAW OF THE TOWN OF BONNYVILLE IN THE PROVINCE OF ALBERTA
RESPECTING SMOKE FREE PUBLIC PLACES AND WORKPLACES
WHEREAS, under the provisions of the Municipal Government Act, being Chapter
M-26 of the revised statutes of Alberta 2000, Part 2, Division 1, Section 7, the Town
of Bonnyville deems it necessary to pass such a Bylaw;
WHEREAS the Council of The Town of Bonnyville has the authority to pass bylaws
respecting:
a) the safety, health and welfare of people and the protection of people and
property;
b) people, activities and things in, on or near a public place or place that is open to
the public;
c) businesses, business activities and persons engaged in business;
AND WHEREAS it has been determined that second hand smoke (exhaled smoke
and the smoke from idling cigarettes, cigars and pipes) is a health hazard or
discomfort for many persons;
AND WHEREAS Council deems it expedient and appropriate to limit the effects of
second hand smoke for residents of and visitors to the Town of Bonnyville;
AND WHEREAS Council deems it appropriate to limit the exposure that children and
youth have to smoking in public places;
NOW THEREFORE, THE MUNICIPAL COUNCIL OF THE TOWN OF
BONNYVILLE DULY ASSEMBLED ENACTS AS FOLLOWS:
1.
SHORT TITLE
1.1
This bylaw may be cited as the "Smoke Free Bylaw."
2.
DEFINITIONS
In this Bylaw, the following terms shall have the meanings shown:
2.1
"Bingo Establishment" means any premises for which the Province of Alberta
has issued a bingo license under the Gaming and Liquor Act.
2.2
"Casino" means any premises for which the Province of Alberta has issued ~
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casino license under the Gaming and Liquor Act.
2.3
"Town" means the Town of Bonnyville.
2.4
"Drinking Establishment" means a business the primary purpose of which is
the sale of alcoholic beverages for consumption on the premises and the
secondary purposes of which may include entertainment, dancing, music, the
preparation and sale of food for consumption on the premises, take-out food
services and the sale of alcoholic beverages for consumption away from the
premises.
2.5
"Grandstand" means an open air seating facility primarily but not
exclusively limited to use in watching sporting events.
2.6
"Offence Ticket" means a municipal ticket issued by the Town allowing for
the voluntary payment of a specified fine established by this Bylaw.
2.7
"Outdoor Public Event" means an outdoor market, festival, concert or parade
requiring a Town of Bonnyville Special Event or Use of Streets Permit, and to
which the public is invited or permitted to attend.
2.8
"Patio" means an outdoor area also known as a deck, terrace or rooftop,
whether enclosed or not, that is open to the public or to which the public is
customarily admitted or invited that is operated as part of a Restaurant or
Drinking Establishment, but does not include an outdoor area or structure
made available by a Restaurant or Drinking Establishment if:
(a)
there is no seating of any kind provided in the area or on the
structure,
(b)
there is no service of any kind provided in the area or on the
structure; and
(c)
there is no food or drink permitted in the area or on the structure at
any time;
2.9
"Playground" means a structure or collection of structures designated and
intended for recreational use by children and, where mounted in a distinct
material such as sand, gravel, or wood chips, includes the material in which
those structures are mounted.
2.10
"Private Club" means an enclosed place or premises that operates primarily
for the benefit and pleasure of the members of a non-profit corporation,
service club or branch of the Royal Canadian Legion.
2.11
"Private Living Accommodation" means an area of a building used as a
residence and includes a hotel or motel room while it is occupied by a guest.
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2.12
"Proprietor'' means the owner, operator, manager or any other person in
charge or in control of a place or premises and includes:
(a) a person who is in charge of the place or premises at any
particular time;
(b) the owner or driver of a taxi-cab;
(c) the owner or driver of a public bus or other form of public transportation;
(d) the owner or driver of a school bus; and
(e) the Board of Trustees of a school, college or hospital;
2.13
"Public Building" means an enclosed or substantially enclosed building or
structure to which the public is customarily admitted or invited. Without
limiting the generality of the forgoing, public building includes bus shelters.
2.14
"Public Transportation Vehicle" means any vehicle used for the
transportation of people upon the payment of a fee.
2.15
"Restaurant'' means an enclosed place or premises the primary purpose of
which is the preparation and sale of food for consumption on the premises,
and the secondary purpose of which may include the sale of alcohol or non-
alcohol beverages, take-out food services and catering. A Restaurant does
not include a Drinking Establishment, but does include any premises in
respect of which a "Class A" Liquor License has been issued and where
minors are not prohibited by the terms of the license.
2.16
"Sidewalk Cafe" means an outdoor area, located on a public sidewalk,
to which the public is invited or permitted access and which abuts and is
operated as part of a Restaurant.
2.17
"Seasonal Skating Rink'' means an outdoor ice surface on which
members of the public are permitted to skate, whether on payment of
any fee or not, and includes public lakes, ponds and outdoor rinks with
boards or other ice support infrastructure.
2.18
"Skate Park'' means an area designated and intended specifically for
the use of skateboards, in-line skates or similar devices.
2.19
"Sports Field" means an outdoor area designed and intended for use in
a specific sporting event and includes soccer fields, baseball diamonds,
tennis courts, and similar areas, but does not include golf courses.
2.20
"Smoke" or "Smoking" means to inhale, exhale, burn or have control
over a lighted cigarette, cigar, pipe, hooka pipe, or other lighted
smoking implement designed to burn or heat tobacco or any other weed
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or substance for the purpose of inhaling or tasting of its smoke or
emissions.
2.21
"Toboggan Hill" means an outdoor area signed of used as a toboggan
site.
2.22
"Violation Ticket" means a violation ticket as defined in the
Provincial Offences Procedure Act.
2.23
'Water Spray Park'' means a structure or collection of structures that
spray or release water which is designed and intended for recreation use.
2.24
'Work Place" means all or any part of a building, structure or other enclosed
area in which employees perform the duties of their employment, whether or
not members of the public have access to the building, structure or area as of
right or by express or implied invitation, and includes reception areas,
corridors, lobbies, stairwells, elevators, escalators, eating areas, washrooms,
lounges, storage areas, laundry rooms, enclosed parking garages and work
vehicles.
3.
PURPOSE
3.1
The purpose of this bylaw is to regulate smoking in public places in order to
promote the safe, enjoyable and reasonable use of such property for the
benefit of all citizens.
4.
REGULATION OF SMOKING
4.1
No person shall smoke in any indoor place to which the public is ordinarily
invited or permitted to attend or in any work place or public place in
accordance with Section 3 of the Tobacco Reduction Act, Statutes of
Alberta, 2005, Chapter T-3.8.
4.2
Notwithstanding anything contained in this bylaw, the prohibitions set out in
Section 4 do not apply to any Private Living Accommodation.
4.3
No person shall smoke within ten metres of a playground, seasonal skating
rink, skate park, sports field, water spray park or toboggan hill.
5.
No Proprietor of a place where smoking is prohibited by Section 4 shall
permit smoking in that place.
5.1
A Proprietor who takes the following steps or ensures that the following
steps are taken shall be deemed to have complied with the obligation
described in Section 4.1 :
(a)
advise a smoker that smoking is not allowed and request the smoker to
put out any lit substance;
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(b)
ask any smoker who refuses to comply with such a request to leave the
premises;
(c)
refuse to provide any further service to such person; and
(d)
immediately report to the RCMP any smoker who refuses to put out any
lit substance or refuses to leave the premises when requested to do so.
5.2
No Proprietor of a place where smoking is prohibited by this bylaw shall
permit ashtrays to be placed or to remain in that place.
5.3
Nothing in this bylaw affects the rights of people respecting traditional
spiritual practices or ceremonies.
6.
SIGNS REQUIRED
6.1
Every Proprietor of a place or premises mentioned in Section 4 shall
ensure that signs prohibiting smoking are posted in proximity to all of the
public entrances to such place. Such signs shall be in general conformity
with the form specified in Schedule "A".
6.2
Where there is no public entrance to a place or premises mentioned in
Section 4, signs prohibiting smoking shall be posted in a prominent location
on or near the premises in such manner as to be readily visible to any
member of the public using such place or premises.
6.3
No person shall remove, alter, conceal, deface or destroy any sign posted
pursuant to this bylaw.
7.
INSPECTIONS
7 .1
For the purpose of determining if the provisions of this Bylaw are being
complied with, a Town Peace Officer or a member of the RCMP is a
designated officer for the purposes of Section 542 of the Municipal
Government Act of Alberta and may inspect such places or premises at
all reasonable times.
8.
ENFORCEMENT
8.1
Any person who contravenes a provision of this Bylaw is guilty of an
offence and is liable upon conviction:
(a)
for a first offence, to a fine of $200.00; and
(b)
for a second or subsequent offence, to a fine of not less than
$200.00 and not more than $2,500.00.
8.2
An individual who is convicted of an offence shall also be liable, in default of
payment of any fine, to imprisonment for up to six months.
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8.3
Each day that an offence continues shall constitute a separate offence.
8.4
Where a Town Peace Officer or a member of the RCMP has reason to
believe that a person has contravened any provision of this Bylaw, he
or she may serve upon such person:
(a)
an Offence Ticket allowing payment to the Town of the specified fine
set out in Section 8.1 (a), which payment shall be accepted by the
Town in lieu of prosecution for the offence; or
(b)
for a first offence, a Violation Ticket requiring a person to appear in
Court with the alternative of making a voluntary payment; or
(c)
for a second or subsequent offence, a Violation Ticket requiring a
person to appear in Court without the alternative of making a
voluntary payment.
8.5
If a Violation Ticket containing a specified penalty is issued to a person for a
breach of this bylaw, the person may make a voluntary payment equal to the
specified fine by delivering the Violation Ticket and the specified fine to the
Provincial Court Office specified on the Violation Ticket within the required
time. In that event, the voluntary payment will be accepted as a guilty plea
and no court appearance is required.
9.
SEVERABILITY
9.1
Should any provision of this bylaw be found to be invalid it is the intention of
Council for the Town that such invalid portion be severed and that the
remainder of the bylaw be given full force and effect.
10.
SCHEDULE
Attached to and forming a part of this Bylaw is the following schedule:
a) Schedule A - No Smoking Sign
11.
TRANSISTIONAL AND COMING INTO FORCE
11.1
This Bylaw shall come into force and effect upon the date of the passing of the
third and final reading and signed thereof;
11 .2
Upon the coming into force of this Bylaw, Bylaw No. 1113-96, The Health
Bylaw of the Town of Bonnyville, is hereby repealed.
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INTRODUCED AND GIVEN FIRST READING this 27th day of January, A.O., 2015.
Mayor
..yk..
GIVEN SECOND READING this I()
day of f .eb f u.a rj
A.O.,
2015.
\
Mayor
Chief Administrative Officer
cJ)..
GIVEN THIRD AND FINAL READING this ID
day of f ebrY.a ry A.D.,
2015.
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Mayor
SCHEDULE "A"
NO SMOKING
TOWN OF BONNVVILLE
BYLAW NO. 1433-15
MAXIMUM FINE $2,500
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