City Government

CITY OF FORT SASKATCHEWAN

SMOKING BYLAW #C7–04

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CITATION
1. This Bylaw is cited as the Smoking Bylaw.

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DEFINITIONS
2. In this Bylaw,
(a) "common areas" means the portions of a communal living facility that are not designated for exclusive use by an individual or family, and includes but is not limited to lobbies, hallways, stairways, elevators, reception areas, food service or eating areas, public washrooms and recreation or craft areas;
(b) "communal living facility" means a building or group of buildings where persons reside in private rooms or suites that are designated for their exclusive use, but share common areas such as recreation areas or eating facilities. Communal living facilities include rooming houses, seniors’ lodges, assisted living facilities and similar facilities;
(c) "minor" means a person less than 18 years of age;
(d) "private club" means a development holding a Class C Liquor License issued by the Alberta Gaming and Liquor Commission, and that is used for the meeting, social or recreation activities of members of non-profit, philanthropic, social service, athletic, fraternal or similar organizations to which access is restricted to members or invited guests;
(e) "private function" means a specific event for which an entire enclosed hall or room has been reserved, at which attendance is limited to people who have been specifically invited or designated by the sponsor, and at which attendance is at the control of the sponsor of the event or proprietor of the facility;
(f) "proprietor" means the owner of a premises or person designated by the owner to control, direct or govern an activity carried on in the premises;
(g) "public place" means the whole or part of an enclosed or substantially enclosed building, to which the public has access as by right or by invitation express or implied for the purposes of worship, entertainment, recreation, business, commerce or amusement, and includes but is not limited to restaurants, licensed liquor establishments where minors are permitted, theatres, convention facilities, walkways and food courts of shopping centres, arenas, recreation centres, video arcades, church or community halls, concert halls, auditoria, lecture halls, libraries; but does not include a Private Club or a place where a private function is being held while the private function is being held.

PROHIBITIONS
3. Subject only to the specific exemptions granted in this Bylaw, smoking is prohibited in any communal living facility or public place in the City of Fort Saskatchewan where minors are permitted.

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EXEMPTIONS
4.1 Smoking is permitted:
(a) in private clubs;
(b) in a place where a private function is being held, during the period when the private function is being held;
(c) in individual resident rooms or suites of a communal living facility; and
(d) in designated smoking areas, as defined in this Bylaw.

4.2 Measures must be affected so that no smoke drifts from any area where smoking is permitted to areas where smoking is prohibited.

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DESIGNATED SMOKING AREAS
5. A proprietor may designate an area of a public place or communal living facility as a designated smoking area provided that:
(a) minors are prohibited from entering the designated smoking area;
(b) the total area of the designated smoking area does not exceed 50% of: 
      i. the total area of the premises owned or controlled by the proprietor at that address, in the case of a public place; or 
      ii. the total area of the common areas of a communal living facility; and
(c) signage indicating an area is designated for smoking is posted pursuant to Section 6.2.

 

SIGNAGE
6.1 The proprietor of any premises in which smoking is prohibited pursuant to this Bylaw shall post a no smoking sign in a conspicuous location within the premises in proximity to the main public entrance of the premises, and conspicuously in at least one location on each floor therein.
6.2 Where this Bylaw permits an area to be designated as a smoking area, such area shall be identified by signs posted conspicuously at each entrance to the area designated as a smoking area, and such signs shall also indicate that minors are prohibited from the designated smoking area.

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ENFORCEMENT/PENALTIES
7.1 Any person who smokes in an area where smoking is prohibited is guilty of an offence under this Bylaw.

7.2 Any proprietor who permits a person to smoke in an area where smoking is prohibited is guilty of an offence. Proprietors must progressively enforce this Bylaw among persons who are present in their public place and who are not complying with the terms of this Bylaw, by:
(a) requesting compliance; or
(b) refusing service to persons who are contravening this Bylaw; or
(c) expelling from the facility persons who are contravening this Bylaw.

7.3 Any person who is in contravention of any provision of this Bylaw is guilty of an offence and subject to receive a violation ticket as follows:
(a) first offence $ 250.00;
(b) second offence $ 500.00;
(c) third and subsequent offences $1000.00.

7.4 Any person who commits an offence may pay the specified penalty indicated on the violation ticket, in which case, the person will not be prosecuted in court for the offence.

7.5 Any person who violates any provision of this Bylaw shall be liable, upon summary conviction before a Magistrate, in the City of Fort Saskatchewan, to a penalty not exceeding One Thousand Dollars ($1,000.00) exclusive of costs, for breach thereof, or in case of non-payment of the fine and costs to imprisonment for any period not exceeding thirty (30) days.

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GENERAL PROVISIONS
8.1 Each section of this Bylaw shall be read and construed as being separate and severable from each other section. Furthermore, should any section or part of this Bylaw be found to be improperly enacted for any reason, then such section or part shall be regarded as severed from the rest of the Bylaw and the Bylaw remaining after such severance shall be effective and enforceable.

8.2 Wherever the singular, plural, masculine, feminine or neuter is used throughout this Bylaw the same shall be construed as meaning the singular, plural, masculine, feminine, neuter, body politic or body corporate where the fact or context so requires the provisions hereof.

8.3 The insertion of headings is for convenience of reference only and shall not be construed so as to affect the interpretation or construction of this Bylaw.

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ENACTMENT 9. Bylaw #C7-04 shall come into force and have effect on January 1, 2005. On that date, Bylaw #C12–91 shall be repealed.