CITY OF COQUllLAM BYLAW NO. 3037, 1996

Transcription

1 CITY OF COQUllLAM BYLAW NO. 3037, 1996 A Bylaw for the purpose of regulating the places where people may smoke. WHEREAS the approval of the Minister of Health is necessary for any bylaw adopted pursuant to Section 692 of the Miiniciwf Ad, R.S.B.C Chapter 290; AND WHEREAS Council has been advised that second hand tobacco smoke (exhaled smoke and the smoke from idling cigarettes; cigars and pipes) is a health hazard or discomfort for many inhabitants of the City of Coquitlani; AND WHEREAS it is desirable for the protection, promotion and preservation of the health, safety and welfare of inhabitants of the City of Coquitlam to prohibit or regulate smoking, or both, in the City of Coquitlam to the extent provided herein: THEREFORE the Council of The Corporation of the City of Coquitlam, in open meeting assembled HEREBY ENACTS AS FOLLOWS: 1. TITLE This Bylaw may be cited for all purposes as Smoking Control Bylaw No. 3037, DEFINITIONS 2.1 In this Bylaw: Building Area means a structure wholly or partly enclosed by a roof and used for the shelter or accommodation of persons, but does not include foyers, stairways, washrooms, cloakrooms, food preparation areas, and food storage areas; Council means the Municipal Council of The Corporation of the City of Coquitlam; Coniniercial Establishment means any place or premises where goods or services are displayed, offered for sale or rental or sold or rented by retail or wholesale, including, but not limited to restaurants, liquor outlets, gaining facilities and places where the only trade or business carried on is the custoin-blentling of tobaccos or the sale of tobacco, pipes, cigai 5 or smokcrs sundritts;

2 Bylaw No. 3037, 1996 Page 2 Common Public Area means any part of a building or multiple residential dwelling that is generally open to and accessible by the public or generally available for common use by the occupants, including, but not limited to, hallways, foyers, smnvays, elevators, escalators, laundry rooms, washrooms and amenity areas; Gaming Facility means a facility registered by the B. C. Gaming Coninzission, including but not limited to bingo parlours and casinos; Health Care Facility means any facility where medical or health services are being provided to individuals on a professional basis including, without restricting the generality of the foregoing, community care facilities, mental health facilities, dental offices, medical offices, chiropractic offices, optometrist offices, and any counseling centres or offices;! Liquor Outlet means a commercial establishment which is licensed under the Liquor Control and Licensing Act, including but not limited to lounges, pubs, neighbourhood pubs, beer parlours, and not including restaurants; Mall means any public area which is totally enclosed and to which commercial establishments have access; Owner includes the registered owner or purchaser under an agreement for sale, mortgagee in possession, agent, tenant, and any person in charge or control of a building, premises, land, vehicle, machine, boat, conveyance or chattel; Personal Services Establishment means an establishment in which a person provides a service to or on the body of another person, and includes but is not limited to a barber shop, beauty parlour, health spa, massage parlour, tattoo shop, sauna and steam bath; Place of Employment means any enclosed indoor place of work other than: (1) a private home which also serves as a place of work, or (2) a workplace occupied solely by an independent contractor or only by the partners to a partnership, and includes any parts of a commercial establishment used exclusively by the employees of such premises;

3 Bylaw No. 3037, 1996 Page 3 Place of Public Assembly means a building or portion thereof used for the gathering together of persons for the purpose of deliberation, education, worship, entertainment, recreation, business, professional seminars or amusement, but does not include a restaurant, bingo parlour, casino, public house, cocktail lounge, cabaret or bar. Post means the act of keeping continuously on display; Proprietor means the person who owns, controls, governs or directs the activity carried on within a building, place or premises referred to in this Bylaw and includes the person actually charged thereof; Public Health Inspector is the Public Health Inspector appointed for the City under the Health Act, R.S.B.C. 1979, Chapter 161; Reception Area means the public space used by an office or establishment for the receiving or greeting of customers, clients, or other persons dealing with such office or establishment: Restaurant means any food service establishment in which prepared food is served to the public in exchange for money or services, or any place to which the public have access for the purpose of purchasing food for human consumption on or off the premises, but does not include a liquor outlet; Service Line means an indoor line or two or more persons awaiting services of any kind, regardless of whether or not such services involves the exchange of money, including but not limited to, sales, provision of information, transactions or advice and transfer of money or goods; Service Counter means the counter and an area of 3 meters continuous to the counter. Smoke or Smoking means the inhaling, exhaling, burning or carrying of a lighted cigarette, cigar, pipe or other lighted smoking equipment burning tobacco or any other weed or substance, but does not include sinogng by actors as part of a stage or theatrical performance; Smoking Room means a designated area in which sniohng is permitted and that conforms to the specifications in Section 5 of this Bylaw.

4 Bylaw No. 3037, 1996 Page 4 3. SMOKING RESTRICTIONS 3.1 No person shall smoke: in any common public area; in a taxi cab, limousine or vehicle for hire except with the consent of all passengers and the driver; in a public transportation facility or vehicle, including but not limited to a school bus, a public bus, the West Coast Express, a transit shelter or waiting room relating to any form of transportation; I in any part of a commercial establishment except as otherwise permitted in this Bylaw; in any place of employment; in a place of public assembly except as otherwise permitted in this Bylaw; in any personal services establishment: in a mall; in any hotel or motel rooms designated by the proprietor as nonsmoking; in any City owned and operated buildings or vehicles; in any health or community care facility except as otherwise permitted in this Bylaw; in a restaurant, gaming facility, or liquor outlet except as permitted by in this Bylaw; 3. I. 13 in any service line; or 3. I. 14 at a service counter

5 Bylaw No. 3037, 1996 Page No proprietor of a place or operator of a vehicle, as set out in Section 3.1 shall permit a person to smoke in their establishment or vehicle contrary to the provisions of this Bylaw. Occupancy to areas where smoking is permitted is restricted to persons 19 years of age or older. Smolung Regulations A proprietor of a restaurant, gaming facility or liquor outlet, shall designate a building area within the premises containing not less than 70% of the total seating capacity as a designated non-smolung area and shall not permit smoking in the area. The designated non-smoking area set out in Section 3.4. I shall be increased to 80% effective January 01, 1998 and this Section shall come into force January 01, The designated non-smokmg area set out in Section 3.4. I as amended by Section 3.4.2, shall be increased to 90% effective January 01, 1999 and this section shall come into force January 01, The designated non-smoking area set out in Section 3.4.1, as amended by Sections and 3.4.3, shall be increased to loo%, such that smoking is prohibited entirely, effective January 01, 2000 and this section shall come into force as of January 01, The designated smoking area permitted under this section shall: be designed, located and maintained so that the iinpact of tobacco smoke on patrons in adjacent areas where smoking is not permitted is minimized by means of ventilation, air cleaning, physical separation or other effective means: be located so that non-smoking custonitfrs do not have to pass through it to enter or leave the premises or to gain access to the washrooms or cashiers; and have its limits clearly identified by signs which comply with Section 4.

6 Bylaw No. 3037, 1996 Page Not withstanding the foregoing, employees may smoke in a designated Smoking Room which conforms to the specifications contained in Section 5 of this Bylaw in restaurants, places of public assembly, health care facilities, gaming facilities, liquor outlets or other commercial establishments. 4. SIGNS Where an establishment is exempted from a total prohibition on smoking under the provisions of Section 3, the proprietor shall post a sign, in proximity to the front entrance, indicating WARNING: SMOKING IS PERMITTED IN THIS ESTABLISHMENT - EXPOSURE TO TOBACCO SMOKE INCREASES HEALTH RISKS INCLUDING CANCER and the words Medical Health Officer at the bottom right hand comer of the sign. I Where smoking is prohibited by this Bylaw a proprietor of any building, structure, space, place or area shall post a sign, in proximity to the front entrance, indicating NO SMOKING IN THIS BUILDING and the words MAXIMUM FINE $2, All signs required pursuant to Sections 4.1 and 4.2 shall conform to the following conditions and specifications: In every area where smoking is not perinitted under this Bylaw, the proprietor shall post a sufficient number of signs, as prescribed in Section prominently displayed so as to be clearly visible from all points to which no smoking applies. In every area where a smoking area has been designated under this Bylaw, the proprietor shall post a sufficient number of signs, as prescribed in Section prominently displayed so as to be clearly visible from all points to which smoking applies. For the purposes of Section letter height means the actual height of the letter regardless of whether it is a capital or lower case letter. \

7 Bylaw No. 3037, 1996 Page Required signs shall: Where smoking is not permitted, carry the text "NO SMOKING" in capital or lower case letters or a coinbination thereof Where smoking is permitted, carry the text "SMOKING IN THIS AREA ONLY" in capital or lower case letters or a combination thereof Consist of two contrasting colours, or if the lettering is to be applied directly to a surface or to be mounted on a clear panel,!he lettering shall contrast to the background colour The size of the lettenng shall be not less than the following height based upon the iiiaxiiiiuiii viewing distance in direct line of sight for: Viewing Distance Letter Height (i) Up to (IO') 1.25 cm (1/2 in) (ii) Up to 6.1 in (20') 5.1 cm (2 in) (iii) Up to (40') 7.6 cm (3 in) (iv) Up to 24.4 m (80') 10.2 cm (4 in) (v) Up to 48.8 m (160') 15.2 cm (6 in) (vi) Up to 73. I in (240') 20.3 ciii (8 in) Include in the text at the bottom of each sign: "City of Coquitlam Smoking Control Bylaw No. 3037, 1996", in letters not less than.65 cm (1/4 in.) in height for signs with letter size of 1.25 cm (1/2 in.) and not less than 1/4 of the height of the letter on all other sizes of letters Notwithstanding the provisions of Section 4.3.4, the following graphic symbol may be used to indicate "no smoking" areas:

8 Bylaw No. 3037, 1996 Page 8 and the following graphic symbol may be used to indicate SMOKING areas: Each symbol in Section shall include the text % City of Coquitlam Smoking Control Bylaw No. 3037, 1996, in letters and figures at least 5% of the diameter of the circle and introductory stroke in red with a cigarette, letters and figures in black. I With respect to the graphic symbols, the diameter of the circle referred to in Section shall be not less than the number of centimeters (inches) prescribed below, based upon the maximum viewing distance and direct line of sight, as follows: Viewine Distance Size Diameter (I) 3 m (IO ) or less 10.2 cm (4 ) (ii) 6.1 m (20 ) or less 15.2 cm (6 ) (iii) 12.2 m (40 ) or less 20.3 cm (8 ) (iv) 24.4 m (80 ) or less 30.6 cm (12 ) (v) 48.8 m (160 ) or less 40.6 cm (16 ) (vi) 48.8 m exceeding (160 ) 61.0 cm (24 ) Notwithstanding that the symbol in Section is a cigarette, it shall be deemed to include a lighted cigar, cigarette, pipe, or other lighted smoking equipment. No person shall remove, alter, conceal, deface or destroy any sign posted pursuant to this bylaw.

9 Bylaw No. 3037, 1996 Page 9 5. SMOKING ROOM 5.1 Where smoking is permitted in a Smoking Room by this Bylaw the Smoking Room shall be: (a) no larger than 10% of the floor area of the portion of the building, structure, place or area that is generally open to and actively used by the public but not including foyers, stairways, washrooms and cloakrooms, or 5 square meters, whichever is the smaller, (b) physically separated from the rest of the premises and sealed with four walls, a ceiling and a tight-fitting door. (c) separately heated, cooled and ventilated from the rest of the premises, (d) exhausted to the outside so as to provide a negative pressure within the room, and (e) equipped so that its only use is to perinit persons to smoke. (9 identified by means of a sign in proximity to the front entrance indicating "WARNING: EXPOSURE TO TOBACCO SMOKE INCREASES HEALTH RISKS INCLUDING CANCER - SMOKING IS PERMITTED IN SMOKING ROOMS ONLY." MEDICAL HEALTH OFFICER 5.2 A proprietor of premises who has established a Sniolung Room shall ensure that smoking by employees is restricted to the Smoking Room, however, no employee of the premises shall be required to enter the room while it is occupied by smokers. 6. EXCEPTIONS 6. I This Bylaw does not regulate smoking in a private home.

10 Bylaw No. 3037, 1996 Page OFFENCES AND PENALTY 7.1 Any person who contravenes the provisions of this Bylaw is guilty of an offence and, on summary conviction, ib liable to a tine of not exceeding $2, Any proprietor who fails or neglects to perform any of the duties imposed by this Bylaw, shall be guilty of an offence and liable to a penalty of not more than $2, Each day that a violation of this Bylaw occurs constitutes a separate offence. 8. VALIDITY 8.1 In the event there is a conflict between this byiaw and the provisions of any other Federal or Province of British Columbia Act or Regulation, or any other Bylaw that is applicable to the City, the more restrictive Act, Regulation or Bylaw shall prevail as may be specifically applicable to the intended purpose. 8.2 If any part of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder which shall continue in full force and effect and be construed as if the Bylaw had been adopted without such invalid portions. 9. ENFORCEMENT 9.1 The Bylaw Enforcement Officers, Fire Department Officers, Police Officers and Public Health Inspectors, having jurisdiction in the City of Coquitlam may enter any premises in the City of Coquitlam at any reasonable time for the purpose of determining compliance with and enforcing this Bylaw. 10. REPEAL 10.1 City of Coquitlam Bylaw No. 1715, 1987, and all amendments thereto, are hereby repealed effective December 31,

11 Bylaw No. 3037, 1996 Page 11 1 I. EFFECTIVE DATE This Bylaw shall come into force and take effect on January 01, READ A FIRST TIME this 15th day of July, READ A SECOND TIME this 15th day of July, READ A THIRD TIME this 15th day of July, RECEIVED THE APPROVAL OF THE MINISTER OF HEALTH this of October, th day RECONSIDERED, FINALLY PASSED AND ADOPTED AND THE SEAL OF THE CORPORATION AFFIXED this 07th day of October, y City Clerk city ot Goquitlam