Bylaw No. 754-2010 - Smoke-free Vehicles for Minors Bylaw

Leduc, Alberta · No. 754-2010 · adopted 2010-12-13 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 64b884a29e59 · verified 2026-09-27 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Bylaw No. 754-2010 PAGE 1 A BYLAW OF THE CITY OF LEDUC, IN THE PROVINCE OF ALBERTA, TO PROTECT MINORS FROM THE HARMFUL EFFECTS OF SECOND-HAND TOBACCO SMOKE IN PRIVATE VEHICLES WHEREAS, pursuant to section 7(a) of the Municipal Government Act, R.S.A. 2000, c. M-26, as amended or repealed and replaced from time to time, a Council may pass bylaws for municipal purposes respecting the safety, health and welfare of people and the protection of people and property; AND WHEREAS, pursuant to section 10(2) of the Tobacco Reduction Act, S.A. 2005, c. T-3.8, as amended or repealed and replaced from time to time, any conflict between the Tobacco Reduction Act and a provision of a municipal bylaw that regulates, restricts or prohibits smoking, shall be resolved in favour of the more restrictive provision; NOW THEREFORE the Council of the City of Leduc in the Province of Alberta, duly assembled, enacts as follows: BYLAW TITLE 1 This Bylaw shall be known as the "Smoke-free Vehicles for Minors Bylaw". DEFINITIONS 2 In this Bylaw, unless the context otherwise requires: (a) "Minor" means a person who is under 18 years of age; (b) "Peace Officer" means a bylaw enforcement officer appointed by the City of Leduc, a member of the Royal Canadian Mounted Police and, when authorized, a Community Peace Officer appointed under the Peace Officer Act, S.A. 2006, c. P-3.5, as amended or repealed and replaced from time to time; (c) "Private Vehicle" means a car, truck, van, bus or other passenger motor vehicle having four wheels, but does not include a "public vehicle" or "work vehicle" as those terms are defined in the Tobacco Reduction Act; (d) "Smoke" means to smoke, hold or otherwise have control over a lit Tobacco Product; (e) "Tobacco Product" means a product composed in whole or in part of tobacco, including tobacco leaves and any extract of tobacco leaves, but does not include any product for use in nicotine replacement therapy; (f) "Violation Ticket" has the same meaning as in the Provincial Offences Procedure Act, R.S.A. 2000, c. P-34, as amended or repealed and replaced from time to time. Bylaw No. 754-2010 PAGE 2 PROHIBITION 3 No person shall Smoke in a Private Vehicle while another person who is a Minor is present in the Private Vehicle regardless of whether or not any window, sunroof, car-top, door or other feature of the Private Vehicle is open, or whether the Private Vehicle is moving or stationary. ENFORCEMENT 4 A Peace Officer may issue a Violation Ticket pursuant to Part 2 of the Provincial Offences Procedure Act to any person who the Peace Officer has reasonable and probable grounds to believe has contravened section 3 of this Bylaw. 5 If a Violation Ticket is issued in respect of an offence, the Violation Ticket may: (a) specify the fine amount established by this Bylaw for the offence; or (b) require a person to appear in court without the alternative of making a voluntary payment if the Peace Officer believes that such appearance is in the public interest. SPECIFIED PENALTY 6 The specified penalty established for use on a Violation Ticket if a voluntary payment option is offered is: (a) $100.00 for a first offence; and (b) $200.00 for a second or subsequent offence. VOLUNTARY PAYMENT 7 If a Violation Ticket is issued with a specified penalty a person who commits an offence may make a voluntary payment by submitting to a Clerk of the Provincial Court, on or before the initial appearance date indicated on the Violation Ticket, the specified penalty set out on the Violation Ticket. SEVERABILITY 8 Every provision of this Bylaw is independent of all other provisions and if any provision of this Bylaw is declared invalid for any reason by a Court of competent jurisdiction, all other provisions of this Bylaw shall remain valid and enforceable. Bylaw No. 754-2010 PAGE 3 ENACTMENT 9 This Bylaw shall come into force and effect on July 2, 2011 and is duly signed. READ A FIRST TIME IN COUNCIL THIS 8th DAY OF NOVEMBER, 2010. READ A SECOND TIME AS AMENDED IN COUNCIL THIS 13th DAY OF DECEMBER, 2010. READ A THIRD TIME AS AMENDED IN COUNCIL AND FINALLY PASSED THIS 13th DAY OF DECEMBER, 2010. "original signed" _____________________________ Greg Krischke MAYOR "original signed" _____________________________ Laura Knoblock CITY CLERK December 14, 2010 _______________________________ Date Signed