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Town of Westlock
By-Law No.
PROVINCE OF ALBERTA
SMOKING BY-LAW
A BY-LAW OF THE TOWN OF WESTLOCK, IN THE PROVINCE OF
ALBERTA, RESPECTING SMOKE FREE PUBLIC PLACES AND
WORKPLACES.
WHEREAS, the Council of the Town of Westlock deems it expedient and appropriate to regulate the
smoking of tobacco products in public places and workplaces within the Town of Westlock; and, in
accordance with the Municipal Government Act RS.A 2000 c. M-26 as amended, has the authority
to pass By-Laws 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;
WHEREAS, health officials have determined that second hand tobacco 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 to impose smoking restrictions in a manner that
balances competing considerations respecting health concerns, economic viability for business
operations, and an individual's personal freedoms;
NOW THEREFORE, the Council of the Town of Westlock, duly assembled, hereby enacts as follows:
That Smoking within the Town of Westlock in all Designated Public Places will be prohibited
commencing January 1, 2008.
SECTION 1 - SHORT TITLE
1.1
This By-Law may be cited as the -;smoking By-Law"
SECTION 2 - DEFINITIONS
In this By-Law:
2.1
"Ashtray" means a receptacle for tobacco ashes and for cigar and cigarette butts;
2.2
"Bar" means a place that is governed by either a "Class A - Minors Prohibited" or "Class B"
or "Class C" liquor license granted on behalf of the Province of Alberta under the Gaming and
Liquor Act;
2.3
"Building" includes anything constructed or placed on, in, over or under land, whether
permanent or temporary, into which a Person could enter;
2.4
"Designated Public Place" means a place prescribed in Section 3;
2.5
"Enclosed Walkway" means any pedway, bridge, hallway, connecting stairway, or similar
structure that is physically enclosed;
2.6
"Licensed Gaming Events" means events held pursuant to a bingo license or a casino license
granted on behalf of the Province of Alberta under the Gaming and Liquor Act;
2. 7
"Manager'' means an employer, or other person who, directly or indirectly controls, directs or
is responsible for a place or who controls the activities in the place;
a)
the person who ultimately controls, governs or directs the activity carried on
within any premises referred to in this By-Law and includes the person
usually in charge thereof;
b)
a Regional Health Authority Board appointed pursuant to the provisions of
the Regional Health Authority Act;
c)
the Board of Governors, Board of Trustees, or President of an Educational
Institution
2.8
"Outdoor Patio" means an area outside of a building intended for the consumption of food or
beverages by patrons of a business providing such food or beverages, and includes:
a)
a public premises where food or beverages are served that is not fully
contained within an enclosed building; and
b)
an outside extension of an eating or drinking establis*t regardless of
whether it is covered
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Town of Westlock
By-Law No. 006 _ 02
PROVINCE OF ALBERTA
SMOKING BY-LAW
(SECTION 2 - DEFINTIONS, cont'd')
2.9
"Bylaw Enforcement Officer" means a person appointed as a By-Law Enforcement Officer
pursuant to the Municipal Government Act, to do any act or perform any duties under this By-
law and includes a member of the Royal Canadian Mounted Police and, when authorized, a
Special Constable;
2.1 O
"Person" includes an individual, proprietorship, corporation or society;
2.11
"Private Club or Organization" includes premises that are not open to the public and the use
of which is restricted to members and their guests, residents and their guests or some other
basis acceptable to the Board.
2.12
"Private Residence" means a self - contained living premise for domestic use of one or more
persons and is provided with a separate private entrance from the exterior of a building or
from a common hall, lobby or stairway, but does not include any portion of such area used as
a workplace with the exception of a hotel room or motel room;
2.13
"Public" means any person regardless of age, other than the owner, lessee, proprietor or
employer of a particular building or place;
2.14
"Public Building" means any enclosed building or structure as defined in this By-Law to which
the public can and does have access by right or by invitation, whether or not:
a)
b)
c)
d)
e)
f)
all classes of the public are invited;
the manager has the right to exclude any particular person;
payment, membership or the performance of some formality is required prior
to access;
the public has access to the building only at certain times, or from time to
time;
a member of the public has access only if they are a member or if they are
accompanied by a member;
Subject to subsection g) and h) below, if the public has access only to a
portion of the building or structure, the entire building or structure shall be
deemed to be a Public Building;
Where a building includes a private residence, the following shall apply:
g)
that portion of the building containing the private residence shall be deemed
to not be a public building;
h)
If a building contains two or more private residences, those common areas of
the building including washrooms, corridors, reception areas, elevators,
escalators, foyers, hallways, stairways, lobbies, laundry rooms and enclosed
parking garages shall be deemed to be a public building
2.15
"Sign" means a sign as prescribed in the Alberta Regulation 207/2005 Smoke-Free Places
Act, Alberta Regulation 207/2005 Smoke-Free Places Act Signs Regulation;
2.16
Smoke" or "Smoking" includes the carrying, holding or otherwise controlling of a lighted cigar,
cigarette, pipe or any other lighted smoking equipment;
2.17
"Violation Tag" means a ticket or similar document issued by the Town pursuant to the
Municipal Government Act RS.A. 2000, c. M-26, as amended, and as referred to in Section 7
of this By-Law;
2.18
"Violation Ticket" means a ticket issued pursuant to Part II of the Provincial Offences
Procedure Act, RS.A. 2000 c. P-34, as amended and regulations thereunder, and as referred
to in Section 8 of this By-Law;
2.19
"Workplace" means any enclosed area of a building or structure in which an employee works
and includes washrooms, corridors, bars, eating areas, outdoor patios, reception areas,
elevators, escalators, foyers, hallways, stairways, enclosed walkways, amenity areas,
lobbies, laundry rooms, licensed gaming events, and enclosed parking garages utilized by an
employee. Without limiting the generality of the foregoing:
a)
a place is a Workplace whether or not the employee is employed by the
b)
c)
d)
manager of the premises at which the employee works;
subject to clause d) below, if an employee works in any portion of a building,
the entire building shall be deemed to be a workplace;
home offices that employ non-residents or that require public access shall be
deemed to be a workplace; and
any portion of a building that is used exclusively c;tprivate residence,
including a hotel room or a motel room shall n
be deemed to be a
workplace
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Town of Westlock
By-Law No. 2006 - 02
PROVINCE OF ALBERTA
SMOKING BY-LAW
SECTION 3 - GENERAL PROVISIONS
3.1
No person shall smoke in the following places;
(a) public building
(b) work place
(c) bar
(d) outdoor patio
(e) private club or organization
3.2
Subject to Section 3.3, the following are Designated Public Places for the purposes of this
By-Law:
3.3
a)
Public Buildings and those areas within 3 meters of a public entrance except
on a public sidewalk adjacent to a roadway.
b)
Workplaces and those areas within 3 meters of a public entrance except on a
public sidewalk adjacent to a roadway.
c)
Bar and those areas within 3 meters of a public entrance except on a public
sidewalk adjacent to a roadway.
d)
Outdoor Patio and those areas within 3 meters of a public entrance except
on a public sidewalk adjacent to a roadway.
e)
Private Club or Organization and those areas within 3 meters of public
entrance except on a public sidewalk adjacent to a roadway.
No person shall smoke in a Designated Public Place, whether or not a "No Smoking" sign is
posted or visible.
3.4
No manager shall permit smoking in a Designated Public Place, whether or not a "No
Smoking" sign is posted or visible.
SECTION 4 - ASHTRA VS
4.1
The manager of every Designated Public Place shall ensure that no ashtrays are placed or
allowed to remain in any Designated Public Place.
4.2
The manager of every Designated Public Place shall, if employees or members of the public
from time to time gather to smoke at a location outside the Designated Public Place, ensure
that ashtrays are placed more than 3 meters from the entrance or exit of the Designated
Public Place, except where allowed in Section 3.2.
SECTION 5 - SIGNS
5.1
5.2
5.3
5.4
The manager of every Designated Public Place shall ensure that signs are posted
conspicuously and in accordance with Smoke - Free Places Signs Regulation and this By-
law so as to clearly identify that smoking is prohibited.
NO SMOKING
Town ofWestlock
Smoking By-Law 2006-02
The graphic symbol referred to in Subsection 5.1 shall include the text "Town of Westlock" or
"Town of Westlock Smoking By-Law 2006-02."
In addition to the graphic symbol referred to in Subsection 5.2 there may be added
appropriate symbols such as directional arrows.
No person other than a manager or a person acting under the manager's instructions shall
remove, alter, conceal, deface or destroy any sign posred pursuant to th~. _,.,
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Town of Westlock
By-Law No. 2006 - 02
PROVINCE OF ALBERTA
SMOKING BY-LAW
SECTION 6 - PENAL TIES
6.1
The specified penalty for an offence(s) committed pursuant to this By-Law will be established
by resolution of Council.
6.2
In the case of an offence that is of a continuing nature, a contravention shall constitute a
separate offence in respect of each day, or part of a day, on which that offence continues.
SECTION 7 - VIOLATION TAGS
7.1
A Bylaw Enforcement Officer is hereby authorized and empowered to issue a Violation Tag to
any person who the Bylaw Enforcement Officer has reasonable and probable grounds to
believe has contravened any provision of this By-Law.
7.2
Where a Violation Tag is issued pursuant to Section 7 of this By-Law, the person to whom the
Violation Tag is issued may, in lieu of being prosecuted for the offence, pay to the Town the
penalty specified within the time period indicated on the Violation Tag.
7.3
Nothing in the By-Law shall prevent a Bylaw Enforcement Officer from immediately issuing a
Violation Ticket.
SECTION 8 - VIOLATION TICKET
8.1
In those cases where a Violation Tag has been issued and if the penalty specified on a
Violation Tag has not been paid within the prescribed time, then a Bylaw Enforcement Officer
is hereby authorized and empowered to issue a Violation Ticket pursuant to Part II of the
Provincial Offences Procedure Act, RS.A 2000, c.P-34 as amended.
8.2
Notwithstanding Section 7 of the By-Law, a Bylaw Enforcement Officer is herby authorized
and empowered to immediately issue a Violation Ticket pursuant to Part II of the Provincial
Offences Procedure Act, RS.A 2000, c.P-34, as amended, to any person who the By-Law
Enforcement Officer has reasonable grounds to believe has contravened any provision of this
Bylaw.
SECTION 9 - SEVERABILITY
9.1
If any section or sections of this By-Law or parts thereof are found in any court of law to be
illegal or beyond the power of Council to enact, such section or sections or parts thereof shall
be deemed to be severable and all other sections or parts of this By-Law shall be deemed to
be separate and independent there from and to be enacted as such.
SECTION 10 - ENFORCEMENT
10.1
For the enforcement of this By-Law, a Bylaw Enforcement Officer, upon producing proper
identification, may at all reasonable hours, enter any Designated Public Place and may make
examinations, investigations and inquiries.
This By-Law shall come into force and effect all as of January 1, 2008
READ A FIRST TIME THIS
11th
DAY OF
December, AD. 2006.
READ A SECOND TIME THIS __
r .-d:-____ DAY OF _ ..... t}J
____ c""";.\,.""',\J
.... t..
........... 1--_____ , AD. 2007.
READ A THIRD TIME THIS ___
I;;_"'--- DAY OF __
..... l'l_L
.............. ~
__
J..-. ___ _. A.O. 2007.
Page4of4
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Town of Westlock
Offence
Schedule of Penalties
Penalties
First Offences - Specified Penalties for Violation Tickets
Person smoking in a Designated Public Place
Manager allowing smoking when in a
Designated Public Place
Manager's failure to ensure proper signage
Anyone found removing; altering; concealing; defacing; or
destroying any sign posted pursuant to By-law 2006-02
Any other offence
By-Law No. 2006-02
Smoking By-Law
Penalties
$250.00
$500.00
$250.00
$250.00
$250.00
Section
3.1, 3.2, 3.3
3.4
5.1
5.4
Second or subsequent offence within one (1) year of committing first offence. double the specified penalty
shall apply. All offences double the original amount.
First, Second or Subsequent Offences - Specified Penalties for Violation Tags
All offences
$250.00
Administrative Surcharge -
if payment of penalty charged is not received by the Municipality within
30 (thirty) days of date of issuance of Violation Tag, the surcharge shall be
$20.00 or 20% of the specified penalty, whichever amount is greater.