Bylaw No. 3345/2005, Smoke-Free Bylaw

Smoking is prohibited on grandstands: open air seating facilities primarily but not exclusively limited to use in watching sporting events. Smoking is also prohibited on bar and restaurant patios and at sidewalk cafes. As of 2013, smoking was also prohibited within 10 m of a playground, seasonal skating rink, skate park, sports field, water spray park or toboggan hill. It is also prohibited at outdoor public events, including public markets, concerts, festivals and parade routes.

On 26 June 2014, Red Deer clarified that smoking (and vaping) are prohibited in the following places: bingo establishments, casinos, drinking establishments, grandstands, outdoor public events, patios, private clubs, public buildings, public transportation vehicles, restaurants, sidewalk cafés, workplaces, and within 10 metres of playgrounds, seasonal skating rinks, skate parks, sports fields, water spray parks, or toboggan hills. Council approved the release of $10,000 in one-time funding from the capital budget for signage. Funds are also being dedicated on an ongoing basis from the community services budget to engage in public education.

The City announced on June 26, 2014 that its definition of smoking includes the use of electronic cigarettes, which are now prohibited wherever smoking is prohibited indoors and outdoors. Furthermore, the use of waterpipes is prohibited wherever provincial law prohibits indoor smoking, no matter what substances are being used in the waterpipe.

Products Included

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

Definitions

“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 or substance for the purpose of inhaling or tasting of its smoke or emissions. (As revised in 2013)

“Outdoor Public Event” means an outdoor market, festival, concert or parade requiring a City of Red Deer Special Event or Use of Streets Permit, ant to which the public is invited or permitted to attend.

“Sidewalk Café” 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.

“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.

“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.

“Skate Park” means an area designated and intended specifically for the use of skateboards, in-line skates, or similar devices.

“Toboggan Hill” means an outdoor area signed or used as a toboggan site.

Places Smoking Prohibited

E-cigarettes (indoors)
E-cigarettes (outdoors)
Outdoor Events
Patios – Restaurants and Bars
Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities
Waterpipes (indoors)
Waterpipes (outdoors)

Buffer Zones

Playgrounds – Buffer Zone 1-10 m
Sports and Recreational Fields and Facilities – Buffer Zone 1-10 m

Policy Analysis

A novel and well worded statement of the purpose of the bylaw was added in 2013. Useful definitions are also provided for a number of public places that aren’t defined in most similar bylaws. This bylaw is also leading edge because it prohibits the use of waterpipes and its definition of smoking includes other weeds and substances.

As of July 8, 2013 the bylaw also prohibited smoking at outdoor public events. As of June 26, 2014, the use of e-cigarettes is prohibited wherever smoking is prohibited indoors (including workplaces) and outdoors. This is a very strong bylaw that can serve as a model for municipalities in Alberta and across Canada.

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