Public health vs free choice vs biz interest

Smoke Free Bylaw 1375

The purpose of this report is to present an amended bylaw for Council’s consideration with regard to implementing smoking regulations within the boundary of the Town of Oliver.

OPTIONS:
1.Council may choose to support the recommendation
2.Council may choose to refer back to staff for additional information
3.Council may choose not to support the recommendation

RECOMMENDATION:
That Smoke Free Bylaw 1375 be forwarded to the Regular Council Meeting of June 11, 2018

At the November 24, 2017 Regular meeting Council received correspondence from a resident concerned about public smoking (cigarette, vaping, cannabis) in public spaces (pool, splash park, playgrounds, parks, etc.). Council sought input from Oliver Parks & Recreation Society and they provided the following resolution:
That staff be directed to provide comment to the Town of Oliver on behalf of the Society that supports a restriction of all forms of public smoking in the public facilities and parks operated by the Society (Arena, Hall, Pool, Rotary Park, Community Park, Kinsmen Splash Park, and Lion’s Park) and that those restrictions be regulated by the Town of Oliver.

Interior Health Authority provided support to staff in the development of a smoke free bylaw with sample bylaws together with educational and promotional materials regarding smoking cessation. Staff utilized provisions from like-sized municipalities in the development of a bylaw suitable for the Town of Oliver and reflects the highest level lof municipal restrictions and provincial legislation.

At the April 23, 2018 Committee of the Whole meeting staff presented a draft of Town of Oliver Smoke Free Bylaw 1375 to Council for discussion. The bylaw was deferred back to staff for changes and be brought back to a future regular meeting for consideration.

Some questions that arose were:
•Who will enforce the bylaw? For example at pubs with outdoor patios
•Does the “responsible person” become the enforcement officer?
•Street is an “outdoor public space” can this be clarified?
•What will the fine amounts be?

At the May 14, 2018 Council discussed the changes to the bylaw and referred the bylaw back to staff for further investigation regarding regulations to businesses with outdoor patios.

Upon further investigation and discussion with the Interior Health Authority and in reviewing the Tobacco and Vapour Products Control Regulations,  it was noted that Section 4.22 (3) exempts patios that serve food and beverages from having to meet the 6m buffer zone around entranceways (as long as the doors and windows are kept shut and not left open, smoking can be allowed in the entire patio).

Therefore, no consultation was undertaken with the businesses with the outdoor patios.

Staff have removed the definition of “customer service area” from the proposed bylaw as well as have changed the suggested 7.5 metre buffer zone back to the Provincial regulated 6 metre buffer zone.

To be discussed today at 4pm Town of Oliver – Committee of the Whole

 

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