CITY OF KELOWNA. BYLAW NO REVISED: July 23, 2007

Similar documents
By-law Number

THE CORPORATION OF THE CITY OF SAULT STE. MARIE BY-LAW NUMBER

SMOKING CONTROL BYLAW NO. 6263, 1995

CITY OF KAMLOOPS BY-LAW NO CLEAN INDOOR AIR BY-LAW RESPECTING SMOKING

CITY OF PRINCE GEORGE BYLAW NO. 8591

THE CORPORATION OF THE TOWNSHIP OF SABLES-SPANISH RIVERS BYLAW NO.# Being a Bylaw to Regulate Smoking in Public Places

HALIFAX REGIONAL MUNICIPALITY BYLAW NUMBER S-203 RESPECTING SMOKE FREE PLACES

(Office Consolidation)

BYLAW NUMBER 57M92. AND WHEREAS it has been determined that non-smoking is the norm for the Province of Alberta;

THE COUNCIL OF THE CORPORATION OF THE CITY OF BURLINGTON HEREBY ENACTS AS FOLLOWS:

TOWN OF COCHRANE. Bylaw 09/2017

THE CORPORATION OF THE MUNICIPALITY OF GREENSTONE BY-LAW NO

That the Finance and Administration Committee recommends to City Council:

SAPOTAWEYAK CREE NATION BY-LAW NUMBER 01/2007

PROTECTION. Chapter 953 SMOKING - REGULATION - PUBLIC PLACES AND WORKPLACES CHAPTER INDEX. Article 1 INTERPRETATION

THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO A BY-LAW REGULATING THE SMOKING OF TOBACCO IN PUBLIC PLACES AND WORKPLACES

BYLAW NO. 3345/2005. Being a bylaw of the City of Red Deer in the Province of Alberta respecting smoke free public places and workplaces.

An Ordinance amending Subsections A and B of Section of the Los Angeles Municipal Code to prohibit smoking in outdoor dining areas.

CITY OF HAMILTON BY-LAW NO A BY-LAW TO REGULATE SMOKING IN PUBLIC PLACES AND WORKPLACES

CITY OF COQUllLAM BYLAW NO. 3037, 1996

BEING A BY-LAW TO PROHIBIT SMOKING IN PUBLIC PLACES AND WORKPLACES IN THE CORPORATION OF THE TOWNSHIP OF BLACK RIVER-MATHESON.

BYLAW NUMBER 24M2018

CITY OF WILLIAMSBURG, KENTUCKY ORDINANCE NO

Town of Cochrane Council Report

CITY OF PORT COQUITLAM SMOKING CONTROL BYLAW, Bylaw No. 4037

ORDINANCE NO The Town Code of Guadalupe, Chapter 10, entitled Health and Sanitation is hereby amended by adding Article 10-5.

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

BYLAW NO. 18/015. AND WHEREAS the federal government is proposing to pass the Cannabis Act not later than the summer of 2018;

CITY OF SPRUCE GROVE BYLAW C SMOKING BYLAW. This Bylaw consists of nine (8) Sections and four (4) Schedules

SMOKE-FREE PLACES ACT

Town of Whitby By-law #

CLEAN INDOOR AIR REGULATION THE MORGAN COUNTY BOARD OF HEALTH

Mason County Board of Commissioners Ordinance No. 2 3-o 6 IN RE: ADOPTION OF CHAPTER RCW TO THE COUNTY TITLE 9 PEACE, MORALS AND SAFETY CODE

BYLAW NO. 18/022. purposes respecting people, activities and things in, on or near a public place or place that is open to the public;

PROPOSED BY: Mayor and Board of Aldermen BILL NO

TOWNSITE OF REDWOOD MEADOWS ADMINISTRATION SOCIETY BYLAW NO

Bill 112 Authorization Reference: PHSSC ; Minute Item 74 As amended by By-law No PHSSC ; Minute Item 6.2

ORDINANCEN3. An ordinance amending Chapter 41, Smoking, of the Dallas City Code by amending Sections

Tobacco Smoking (Public Places and Workplaces) Bill [HL]

No Smoking Model Ordinance Kansas City Metro Area

ORDINANCE NO

(English text signed by the State President) as amended by

B Y - L A W N U M B E R A BY-LAW TO PROHIBIT SMOKING IN THE CITY OF WINDSOR. Passed the 12th day of June, 2006.

CHAPTER 18 SMOKING IN WORKPLACES AND ENCLOSED PUBLIC PLACES

By-law (Consolidated as amended)

PROPOSED ORDINANCE 4960 RESTRICTIONS ON SMOKING AND USE OF E-CIGARETTES, VAPING

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009

SENATE, No STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED SEPTEMBER 13, 2018

The Education of Blind and Deaf Persons Act

HOPKINSVILLE, KENTUCKY OFFICE OF THE MAYOR. December 14, 2012

CITY OF PALMER, ALASKA. Ordinance No

Title 22: HEALTH AND WELFARE

Introduced by Councilmember AN ORDINANCE

ASSEMBLY, No STATE OF NEW JERSEY. 218th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

ORDINANCE 4960 RESTRICTIONS ON SMOKING AND USE OF E-CIGARETTES, VAPING

DIVISION 5. REGULATIONS AND REQUIREMENTS RELATING TO SMOKING OF TOBACCO PRODUCTS

CABELL HUNTINGTON HEALTH DEPARTMENT. A REGULATION ELIMINATING SMOKING IN WORKPLACES AND PUBLIC PLACES Effective 10/27/10

Surrey Public Health Smoking Protection By-law Amendments

SMOKE-FREE ORDINANCE Effective January 1, 2017

B. To protect, in particular, the health of vulnerable populations including children and those with chronic health conditions; and

SMOKING REGULATIONS IN THE WORKPLACE

A Bill First Extraordinary Session, 2006 SENATE BILL 19

CHAPTER 95: HEALTH, SAFETY AND SANITATION

Proposed Int. No. 484-A. By Council Members Vacca, Barron, Constantinides, Gentile, Johnson, Kallos, Koo, Richards, Rodriguez, Vallone and Cohen

Statement of Purpose:

ORDINANCE NO. 05- WHEREAS, The Elective Commission of the City of Harlingen, Texas finds it is in

Frequently Asked Questions Regarding the St. Joseph Smoke-Free Indoor Air Ordinance of 2014

Council Agenda Report

Boston Public Health Commission Regulation Clean Air Works Workplace Smoking and E-Cigarette Use Restrictions. (As Amended on December 17, 2015)

City of Lacombe Bylaw 461

CITY OF VINELAND ORDINANCE NO

CHAPTER 132: REGULATING SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT

Smoke-Free Areas Minimum Standard. May, 2015

ASSEMBLY, No STATE OF NEW JERSEY. 213th LEGISLATURE INTRODUCED NOVEMBER 23, 2009

CITY OF TORONTO. BY-LAW No

ALLEN COUNTY CODE TITLE 10 DEPARTMENT OF HEALTH ARTICLE 8 SMOKING ORDINANCE

CHAPTER 120: TOBACCO

ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 38 OF THE CODE OF PRINEVILLE BY ADDING REGULATIONS REGARDING ELECTRONIC SMOKING DEVICES

Effective this date, said Administrative Policy supersedes all previous directives on this subject.

CHAPTER 64 (CORRECTED COPY) 1. Section 2 of P.L.2005, c.383 (C.26:3D-56) is amended to read as follows:

Be it enacted by the People of the State of Illinois,

Madison County Health Regulation 700, Clean Indoor Air Regulation, adopted by the Madison County Board of Health on April 11, 2007.

ORDINANCE NO SECTION 1. Section of the Code of Ordinances of the City of Greenville, Texas, is hereby amended to read as follows:

Georgia Smokefree Air Act O.C.G.A A 1 through 31 12A 13

Frequently Asked Questions about the Dee Johnson Clean Indoor Air Act

SENATE, No. 359 STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL

ORDINANCE NO

Montgomery County Code

CITY OF WATAUGA, TEXAS ORDINANCE NO. 1551

FALL RIVER HOUSING AUTHORITY SMOKE-FREE HOUSING POLICY

ASSEMBLY, No STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED MAY 24, 2018

H 5876 SUBSTITUTE A ======== LC000725/SUB A ======== S T A T E O F R H O D E I S L A N D

ORDINANCE NO. F AN ORDINANCE AMENDING CHAPTER 2 SMOKE-FREE AIR REGULATiONS OF THE WHEATON CITY CODE

Non-Smoker Protection Act

TOWN OF NORWELL BOARD OF HEALTH

Tobacco Products Control Act No. 83 of 1993 as amended

CITY OF ELIZABETHTOWN, KENTUCKY ORDINANCE NO

Transcription:

SUMMARY: The Clean Indoor Air and Smoking Regulation Bylaw sets out the regulations under which owners or operators of restaurants, bowling alleys, bingo halls and shopping mall food services may designate part of their premises as an area in which smoking is permitted. The bylaw also provides for the size, colours and wording required on no-smoking and smoking permitted signs. This bylaw is a 'consolidated' version and includes amendments up to the date listed in the bylaw heading. It is placed on the Internet for convenience only, is not the official or legal version, and should not be used in place of certified copies which can be obtained through the Office of the City Clerk at City Hall. Plans, pictures, other graphics or text in the legal version may be missing or altered in this electronic version.

CITY OF KELOWNA BYLAW NO. 5980-86 REVISED: July 23, 2007 CONSOLIDATED FOR CONVENIENCE TO INCLUDE BYLAW NOS. 7334, 7966, 8846 and 9572 CLEAN INDOOR AIR AND SMOKING REGULATION BYLAW A bylaw for the purpose of providing clean indoor air and to regulate the places people may smoke indoors in the City of Kelowna WHEREAS it has been determined that second-hand tobacco smoke (exhaled smoke and the smoke from idling cigarettes, cigars, and pipes) is a health hazard and discomfort for many inhabitants of the City of Kelowna; AND WHEREAS pursuant to the Local Government Act, Council may, by bylaw, subject to the Health Act, regulate persons, their premises, and their activities to further the care, protection, promotion and preservation of the health of the inhabitants of the City of Kelowna; AND WHEREAS the approval of the Minister of Health is necessary for any bylaw adopted pursuant to the Local Government Act; NOW THEREFORE, the Council of the City of Kelowna, in open meeting assembled, enacts as follows: 1. In this bylaw, unless the context otherwise requires, BL7334 and BL8846 amended definitions: (a) "Council" means the Municipal Council of the City of Kelowna. (b) (c) "Manager of Inspection Services" means a person appointed by the Municipal Council of the City of Kelowna. "Medical Health Officer" means the medical health officer appointed under the Health Act to act within the limits of the jurisdiction of the local board of health for the City of Kelowna. BL7334 added the following definition: (d) "Prominently" means placed in such a position that the text of the sign or graphic symbol is clearly visible to a person. (e) "Smoke" or "Smoking" includes the carrying of a lighted cigar, cigarette, pipe or other lighted smoking equipment.

Consolidated Bylaw No. 5980-86 Page 2. BL7334 and BL7966 amended the following definition: (f) "Workplace" means the whole or any part of a building or structure in which a business is carried on and which is physically partitioned off from any public premise, but excludes private residences and any part of the building or structure which constitutes a public premise. BL7334 and BL8846 amended Section 2: 2. PROHIBITION (a) (b) No person shall carry or have in his possession a burning cigarette, cigar, or pipe containing burning tobacco, or burn tobacco in any other manner in any indoor workplace, unless he is in a designated smoking area as outlined in section 3 of this Bylaw; and No employer shall allow any person to carry or to have in his possession a burning cigarette, cigar, or pipe containing burning tobacco, or to burn tobacco in any other manner in any indoor workplace over which that employer has control, unless the person is in a designated smoking area as outlined in section 3 of this Bylaw. BL9572 added a new subsection (c): (c) No person shall carry or have in his possession a burning cigarette, cigar, or pipe containing burning tobacco, or burn tobacco in any other manner within 10 metres of any entrance or exit to the Kelowna International Airport main terminal building. BL8846 amended Section 3: 3. DESIGNATED SMOKING AREAS An employer may either designate the entire workplace over which he has control as non-smoking by posting one or more non-smoking signs, or may designate one or more smoking areas in the workplace, so long as no worker is required to enter into the smoking area except: (a) to respond to an emergency endangering life, health or property, or to investigate for illegal activity; or (b) if that workplace is a "public entertainment facility" as defined by B.C. Regulation 3/2002 (the "Environmental Tobacco Smoke Regulation"), as amending B.C. Regulation 296/97 (the Occupational Health and Safety Regulation), and the smoking area and the worker's entry into it meets all of the requirements for a "separate place for smoking" as set out in B.C. Regulation 3/2002 (the "Environmental Tobacco Smoke Regulation") as amending B.C. Regulation 296/97 (the Occupational Health and Safety Regulation); or (c) the tobacco smoke has been effectively removed. BL8846 amended Section 4: 4. SIGNS BL7966 and BL8846 amended sub-section (a): (a) An employer shall prominently display and keep prominently displayed one or more no smoking signs at each entrance to the building or premises, at one or more conspicuous locations within the premises, in public washrooms and the entrances to stairwells.

Consolidated Bylaw No. 5980-86 Page 3. (b) A no-smoking sign shall state: (i) (ii) the phrase 'no smoking', or be a graphic symbol substantially in the form shown on Schedule "A" attached hereto, which shall be a minimum of four inches (10.16 cm) in diameter and may include the words 'Bylaw No. 5980-86' or 'Bylaw No. 5080-86 Maximum Penalty $500.00'. (c) A designated smoking area sign shall state: (i) (ii) (iii) 'Smoking permitted in this area only' or 'Smoking permitted'; or words or graphic symbols of similar meaning. (d) Signs shall consist of at least two contrasting colours, or if the lettering is to be applied to a clear panel then the lettering shall contrast to the colour of the background. BL7966 and BL8846 amended subsection (e): (e) All employers having care or control over a workplace for which a designated smoking area, as outlined in section 3 of this Bylaw, has been identified must post in a prominent location at each entrance to the applicable workplace, a sign stating the ratio of smoking to non-smoking seating in effect in the workplace at that particular time in the form shown on Schedule B attached hereto. 5. INSPECTION OF PREMISES The Medical Health Officer and/or Manager of Inspection Services or their appointed representative, shall have the right of entry and may enter on to any land or into any building at all reasonable hours in order to inspect the same and ascertain whether the provisions of this Bylaw are being or have been carried out. Any person interfering with or obstructing the entry of any such official or employee of the City of Kelowna on to any such land or into any such building to which said entry is made or attempted, pursuant to the provisions of this section of the Bylaw, shall be deemed to be guilty of infraction of this Bylaw and liable to a penalty of not more than $500.00. BL8846 and BL9572amended Section 6: 6. OFFENCE AND PENALTY Any person who contravenes a provision of this bylaw shall be guilty of an offence and, on summary conviction, shall be liable to a fine of not less than $25.00 and not more than $500.00 for the first offence; not less than $75.00 and not more than $500.00 for the second offence; and not less than $150.00 and not more than $500.00 for the third and subsequent offences. 7. This Bylaw may be cited as the "Clean Indoor Air and Smoking Regulation Bylaw No. 5980-86".

Consolidated Bylaw No. 5980-86 Page 4. Read a first time by the Municipal Council this 12th day of May, 1986. Read a second time by the Municipal Council this 12th day of May, 1986. Read a third time by the Municipal Council this 12th day of May, 1986. Approved by the Minister of Health this 4th day of July, 1986. Reconsidered, finally passed and adopted by the Municipal Council of the City of Kelowna this 29th day of July, 1986. "G.D. Hammill" Mayor "R.A. Beauchamp" City Clerk

Consolidated Bylaw No. 5980-86 Page 5. BL7334 (November 9, 1993) adds the following Schedule 'A': SCHEDULE 'A'

Consolidated Bylaw No. 5980-86 Page 6. BL7966 (April 8, 1997) adds the following Schedule B : SCHEDULE B