Bylaw No. 554-Pl-15 – A Bylaw Regulating Smoking in Public Places

The Municipality has the authority to regulate non-tobacco products by virtue of the Municipal Government Act, RSA 2000, Chapter M-26, which authorizes a council to pass bylaws for municipal purposes respecting safety, health and welfare of people […]

Cold Lake’s bylaw’s definition of smoking includes the use of electronic cigarettes, waterpipes and other weeds and substances. Smoking is prohibited in the following designated public places: public buildings; patios; public transportation vehicles; workplaces; municipal outdoor recreation areas and those areas within 5 m of a municipal outdoor recreation area; within 5 m from a doorway, window or air intake of a building, patio or workplace.

Products Included

Cigarettes, Cigars, Pipes, Electronic Smoking Devices, Other Weeds and Substances, Waterpipes

Definitions

“Smoke” or “Smoking” means to smoke, inhale or exhale smoke from, burn, carry, hold or otherwise have control over a lit cigarette, cigar, pipe, electronic cigarette or other device that burns or heats tobacco or any other weed, herb or other substance that is intended to be smoked or inhaled.

“Electronic cigarette” means a vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, containing a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled and includes all components used in conjunction with the device, including the e-liquid, cartridge and any other component that may be sold separately from the device itself.

“Municipal outdoor recreation area” means any park, playground, or outdoor recreation facility such as but not limited to soccer pitches, baseball diamonds, football field, water park, skate park or outdoor skating rinks located on lands owned by the city of Cold Lake including cemeteries, undeveloped municipal reserves or other open spaces or any land managed by the City for recreational purposes through lease or other formal arrangement with a private land owner or other public organization such as a school district”.

“Patio” means an area outside of a building intended for the consumption of food or beverages by patrons of a business providing such food and beverages.

“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.

Places Smoking Prohibited

Beaches
Doorways, air intakes, operable windows
E-cigarettes (indoors)
E-cigarettes (outdoors)
Parks
Patios – Restaurants and Bars
Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities
Transit Shelters/Stops

Buffer Zones

Doorways, Air Intakes and Operable Windows – Buffer Zone 1-10 m
Parks – Buffer Zone 1-10 m
Patios – Buffer Zone 1-10 m
Playgrounds – Buffer Zone 1-10 m
Sports and Recreational Fields and Facilities – Buffer Zone 1-10 m
Transit Shelters/Stops – Buffer Zone 1-10 m

Policy Analysis

This bylaw is leading edge by virtue of the inclusion of electronic cigarettes and waterpipes both indoors and outdoors, as well as smoking other weeds and substances than tobacco. It also provides for a 5 m buffer zone around patios and all buildings to which the public has access.

Enforcement

The proprietor and employer of every designated public place must ensure that ashtrays are placed more than 5 m from the entrance or exit of the designated public place. This clause of the bylaw should greatly assist in enforcement and reduce smoking around doorways.

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