Town of Cochrane Council Report Meeting: Regular Council Meeting Date: February 13, 2017 Originated By: Stacey Loe, Senior Manager, Legislative and Government Services Title: Bylaw 09/2017 ~ Smoking Regulations Agenda Item: 5c RECOMMENDED ACTION That Council give First Reading to Bylaw 09/2017 STRATEGIC / SUSTAINABILITY PLAN ITEM BACKGROUND Bylaw 09/2017 attached for Council's consideration is being brought forward in response to the following resolution passed by Council at the January 9, 2017 regular meeting: RES # 13/01/16 Moved by Councillor Toews that Administration be directed to prepare an amendment to the Town of Cochrane Smoking Bylaw 20/2000 to prohibit smoking within 5 meters of Recreation Facility properties and sports fields, and to include electronic smoking devices within the prohibitions of the bylaw. Amendment to be brought forward for Council consideration no later than February 13, 2017. The existing Town of Cochrane Smoking Bylaw 20/2000 was adopted July 26, 2000 at a time when many communities were moving forward with specific smoking regulations as a result of amendments to Municipal Authorities and in the absence of updated Provincial regulations. Bylaw 20/2000 specifically regulates smoking in indoor public restaurants where minors are allowed. Subsequent amendments to Provincial Legislation results in the current bylaw provisions being redundant. The Tobacco and Smoking Reduction Act, and Tobacco Reduction Regulation prohibit smoking (subject to some specific exemptions), in the following places: a public place a workplace in a vehicle where a minor is present in a public vehicle within 5 metres from a doorway, window or air intake of a public place or workplace Further, Public Place is defined as follows: (f) public place means all or any part of a building, structure or other enclosed area to which members of the public have access as of right or by express or implied invitation including (i) the common areas of a multi-unit residential facility, including patios, pools, other recreation areas and enclosed parking garages, (ii) a group living facility, (iii) an outdoor bus or taxi shelter, (iv) licensed premises, (v) a restaurant, and (vi) a hotel;
Bylaw 09/2017 ~ Smoking Regulations February 13, 2017 Although the Act does not specifically include sports facilities or sports fields in the prohibitions, it does provide Municipalities with the authority to make bylaws regulating, restricting or prohibiting smoking. The Act goes even further and provides that where there is a conflict between a provision of the Act and a provision of a municipal bylaw, the more restrictive provision prevails; therefore, a Municipality could expand the established areas where smoking is prohibited. The use of e-cigarette is new, therefore there were no regulations contemplated in the existing bylaw. COMMUNICATION / PUBLIC ENGAGEMENT Adoption of a Smoking Bylaw does not require any regulated public consultation such as a public hearing, advertising or notice; however, given the impact to two highly accessed and utilized community facilities, Administration recommends that Council postpone giving further Readings until the proposed Bylaw can be advertised to provide residents and users of the facilities with the opportunity to submit their comments. The Spray Lake Sawmills Family Sports Centre has submitted a letter identifying their concerns with the proposed changes which directly impact the two community facilities they operate. This letter is attached for Council's information. FINANCIAL IMPLICATIONS Additional signage will be required to be posted in accordance with the provisions of the Act and Regulations at every entrance/exit to the properties and facilities, as well as on all public parks and sports fields. OPTIONS / IMPLICATIONS Option 1 That Council give First Reading to Bylaw 09/2017. Implications: Giving Bylaw 09/2017 First Reading will provide the community with the proposed bylaw to consider and provide comment. Option 2 That Council not give First Reading to Bylaw 09/2017 and provide further direction. Implications: Not giving First Reading to Bylaw 09/2017 will result in the current smoking restrictions remaining in place. Option 3 That Council give all three Readings to Bylaw 09/2017 Implications
Bylaw 09/2017 ~ Smoking Regulations February 13, 2017 Giving Bylaw 09/2017 all Three Readings will result in the new regulations being in place and enforceable. ATTACHMENTS Bylaw 09/2017 Letter of Concern - Spray Lake Sawmills Family Sports Centre
TOWN OF COCHRANE Bylaw 09/2017 Being a bylaw of the Town of Cochrane in the Province of Alberta, Canada for the purpose of regulating smoking within the Town of Cochrane, specifically with respect to Public Sports Fields and Recreation Centres. WHEREAS: WHEREAS: WHEREAS: WHEREAS: The Municipal Government Act, Statutes of Alberta, 2000 C.M.- 26 and amendments thereto provides that a Municipal Council may pass a bylaw for purposes respecting the safety, health and welfare of people and the protection of people and property; and further for the purposes respecting people, activities and things in, on or near a public place or place that is open to the public; It has been determined that second-hand tobacco smoke is a health hazard or discomfort for many inhabitants of the Town of Cochrane; The community desires an environment where the exposure to environmental smoke is the exception as opposed to the norm; Council intends to prohibit smoking near all Public Sports Fields and Recreation Centres; NOW THEREFORE: Council of the Town of Cochrane, duly assembled, enacts as follows: 1. This Bylaw may be cited as The Smoking Bylaw. Definitions 2. In this Bylaw, a) Electronic smoking device means an electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, cigar, cigarillo or pipe. b) officer means a person appointed as a Bylaw Enforcement Officer pursuant to the Municipal Government Act, or a Royal Canadian Mounted Police Officer. Bylaw 09/2000 Town of Cochrane/Page 1 of 5
c) outdoor Pool means a structure that contains water which is designed and intended for recreational use, and includes a spray park or a wading pool. d) outdoor skating rink means an outdoor ice surface that is designed for recreational skating, playing hockey or other outdoor ice activities. e) playground means an outdoor area upon which apparatus such as swings and slides are placed. f) public premises means any place to which the public may have either express r implied access for the purpose of worship, entertainment, recreation, business, amusement, education, transportation, consumption of food or drink, or for the provision and receipt of services. g) public vehicle means a bus, taxi or other vehicle that is used to transport members of the pubic for a fee. h) sports field means an outdoor area which is set apart and used for the playing of sporting activities. Prohibitions 3. (1) No person shall: (a) (b) carry or possess a lit cigarette, cigar or pipe, or burn tobacco in any manner; or use an electronic smoking device; in public premises or a public vehicle. (2) No person shall: (a) (b) carry or possess a lit cigarette, cigar or pipe, or burn tobacco in any manner; or use any electronic smoking device; in, on or within 5 metres of a: (i) (ii) (iii) (iv) outdoor pool; outdoor skating rink; playground; or sports field; to which the public has access as of right or by express or implied invitation. Bylaw 09/2000 Town of Cochrane/Page 2 of 5
(3) No person shall: (a) (b) carry or possess a lit cigarette, cigar or pipe, or burn tobacco in any manner; or use an electronic smoking device; within 5 metres of an entrance or exit to a public premise. (4) No person shall permit ashtrays or objects intended to be a receptacle for a cigarette butt to be placed in areas where smoking is prohibited by this Bylaw. (5) No personal shall: (a) carry or possess a lit cigarette, cigar or pipe, or burn tobacco in any manner; or (b) use an electronic smoking device; anywhere on the property of a public recreation facility. (6) for the purposes of subsection (5) public recreation facility means 800 Griffin Road East, Legal Plan 8111002, Block 1 commonly referred to as Spray Lake Sawmills Family Sports Centre And 609 Fourth Avenue North, Legal Plan 1496LK, Block PT1 commonly referred to as the Cochrane Arena. 3.1 (1) Despite any other provisions of this Bylaw, a person may, inside an enclosed premises where the primary function of the premises is the sale of electronic smoking devices, use an electronic smoking device to sample a product prior to purchase. Penalties 4. (1) Any person who contravenes any provision of this Bylaw is guilty of an offence and on summary conviction is liable to a fine of not more than $10,000.00. (2) Where an Officer believes that a person has contravened any provisions of this bylaw, the officer may commence proceedings against the person by issuing a violation ticket pursuant to the Provincial Offences Procedures Act. (3) The specified penalty payable in respect of a violation of a provision of this Bylaw shall be the amount shown as the specified penalty in Schedule A of this Bylaw. Bylaw 09/2000 Town of Cochrane/Page 3 of 5
General Provisions 5. (1) Each provision of this Bylaw is independent of all other provisions, and if any provision of this Bylaw is declared invalid for any reason by a Court of competent jurisdiction, all other provisions of this Bylaw shall remain valid and enforceable. (2) The attached Schedule A shall form part of this Bylaw. (3) This Bylaw repeals or amends Bylaw 20/2000 This Bylaw shall come into full force and effect upon the date of third and final reading. Read a first time Read a second time Unanimous consent Read a third time Mayor Manager, Legislative Services Bylaw 09/2000 Town of Cochrane/Page 4 of 5
Schedule A Section 3(1) Carrying or possessing a lit cigarette, cigar or pipe or using an electronic smoking device 3(2) Carrying or possessing a lit cigarette, cigar or pipe or using an electronic smoking device in, on or within 5 metres of an outdoor pool, outdoor skating rink, playground or sports field. 3(3) Carrying or possessing a lit cigarette, cigar or pipe or using an electronic smoking device within 5 metres of an entrance or exit to a public premises Specified Penalty $100 $100 $100 3(4) Placing ash trays $200 3(5) Carrying or possessing a lit cigarette, cigar or pipe or using an electronic smoking device on public recreation facility property. $100 Bylaw 09/2000 Town of Cochrane/Page 5 of 5
A recommendation has been put forth at Council, for the Town to adopt a no smoking bylaw on all recreation/sporting property in the town of Cochrane. Personally I d like the current bylaws to remain in place that state no smoking within 5 meters from the doors, and not to change to no smoking on the property. Why: This comes at a time when we are looking to launch new sections of the facility, new tenants and tons of new people will be coming to our facilities. I d rather my staff focus on selling memberships and touring the fantastic facilities, over having to deal with people smoking on the property. My big concern is 'policing and enforcing the rules'. I have no intention of hiring staff or making it a part of staffs job to go outside and tell people they have to go 'off the property' to smoke. On any given weekend we have 5,000+ people coming to the facility, both local and out of town. We currently have 2 main entrances and several secondary. Once the expansion opens, there will be 2 more main and several secondary entrances. Is Council going to allocate the necessary 'man power funds' to hire more bylaw officers to do frequent rounds to all of the recreation fields (soccer, outdoor ice, baseball, football, rugby, Mitford Pond) CA across from the High School, SLSFSC? I don't see this happening. If this bylaw is going to be changed to say no smoking on the property, I have some suggestions: I would suggest that signage be erected at each roadway entrance to the properties and on the properties themselves (wall signs, signs on posts). Further to this, SLS FSC and Cochrane Arena need the buy in and support of Rocky View County and in the case of the Cochrane Arena, Rocky View County and Rocky view School Division. Up at the Cochrane Arena, students and parents could literally stand on RVC or RVC school division property and smoke without breaking a bylaw of Cochrane. Bylaw Officers would likely need this too, in order to enforce the bylaw. The signage should not only say no smoking, no e smoking on property, but also list the fines and the bylaw phone number to call, if someone wants to report a person smoking on the property Perhaps less of a concern, but still a potential issue, is the loss of productivity of staff that smoke. Right now they can go outside and 5 meters away from the doors. Now if they have to go off the property site, that could really hurt productivity for tenants and for SLS FSC, ref s, contractors. Parents would now have to leave their kids for a longer period of time while they walk off site to smoke. Someone in the lounge / restaurant would not be gone for 5 minutes, but rather 10 15 minutes. It would hurt their business. Construction workers on the expansion site. Productivity could really be hurt, as the construction workers would now have to walk off the property to smoke, and this could really add up. Just some thoughts for consideration. Please don t change the bylaw. Robin Mitchell General Manager Spray Lake Sawmills Family Sports Centre