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Town of Kipling 4-2018 Smoking Bylaw
pg. 1
TOWN OF KIPLING
BYLAW NO 4-2018
A BYLAW FOR THE PURPOSE OF REGULATING AND
CONTROLLING SMOKING IN PUBLIC FACILTIES IN THE TOWN
OF KIPLING
The Council of the Town of Kipling, in the Province of Saskatchewan, enacts as
follows:
Purpose
The purpose of this Bylaw is to regulate smoking and the use of electronic
cigarettes in enclosed public places.
Authority
The authority for this bylaw is Section 8(1) of The Municipalities Act, 2005 and
The Tobacco Control Act 2001, Section 15.
Short Title
This bylaw shall be known as "The Smoking Bylaw".
Definitions
In this bylaw:
a. "Designated Officer"means the Bylaw Enforcement Officer and/or the
person appointed Chief Administrative Officer of the Town of Kipling by
Council.
b. Facility" means the Kipling Arena, Kipling Community Centre, Kipling
Water Treatment, Kipling Swimming Pool, Sewage Lift Stations, Kipling
Fire Hall, Kipling Professional Building, Town Shop, Kipling Golf Course
Clubhouse, or any other municipally owned or controlled facility that the
public may attend;
c. "Smoke or smoking" means to inhale, exhale, burn, carry or control a
lighted cigarette, cigar, pipe, or similar equipment that burns any
substance, including but not limited to nicotine, cannabis or generates
smoke, and includes the use of a hookah pipe, water pipe or bong;
Town of Kipling 4-2018 Smoking Bylaw
pg. 2
d. "Electronic Cigarette" means a handheld device containing a liquid,
whether or not it contains nicotine or cannabis, that is vaporized and
inhaled, and includes but is not limited to electronic cigarettes, e-
cigarettes, vaporizer cigarettes, personal vaporizers and electronic
nicotine or cannabis delivery systems.
e. "Town" means the town of Kipling.
2. No person shall smoke at any time in any part of a public facility or space
specified in Section 1(b) except for outside of the facility; or in the case of the
Kipling Swimming Pool, outside the fenced pool area.
PENALTY CLAUSE FOR VOLUNTARY PAYMENT
Where the Designated Officer believes that a person has contravened any
provision of this Bylaw, he may serve upon such person a Bylaw Violation Notice
as provided by this section either personally or by mailing or leaving same at his
last known address and such service shall be adequate for the purpose of this
Bylaw.
Such notice shall be deemed to have been served:
a)
On the expiration of twenty-four hours after it is posted, if it is mailed.
b)
On the day of actual delivery, if the notice is served personally; or
c)
On the business day following the transmission, if given by facsimile.
A Bylaw Violation Notice shall be in such form as determined in Schedule
A and shall state the section of the Bylaw, which was contravened, and the
amount pursuant to the General Penalty, Fines and Voluntary Payments Bylaw
for this Bylaw that shall be accepted by the Municipality in lieu of prosecution.
Upon production of a Bylaw Violation Notice issued pursuant to this section
within 14 days from the issue thereof, together with the payment of the fee as
provided in the General Penalty, Fines and Voluntary Payments Bylaw of the
municipality to the Administrator of the Town of Kipling, the person to whom the
ticket was issued shall not be liable for prosecution for the contravention in
respect of which the ticket was issued.
Payment of any Notice of Violation does not exempt the person from
enforcement of an order pursuant to Section 32, 32 and 34 of this Bylaw.
Notwithstanding the provisions of this section, a person to whom a Bylaw
violation Notice has been issued pursuant to this section may exercise his right to
defend any charge of committing a contravention of any of the provision of the
Bylaw.
Town of Kipling 4-2018 Smoking Bylaw
pg. 3
REPEAL
Bylaw 2-2003 is hereby repealed upon coming into force of this Bylaw.
EFFECTIVE
This Bylaw shall come into force and take effect on the day adopted by Council
the final passing thereof.
Read a First Time this _____ day of ____________, 2018.
Read a Second Time this _____ day of __________, 2018.
Read a Third Time and Adopted this ______ day of ________, 2018.
_________________________
Buck Bright, Mayor
(Seal)
_________________________
Gail Dakue, CAO