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 New legislation, AB Canada, Calgary & Medicine Hat

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Toirtis

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Location : Calgary, Alberta, Canada
Registration date : 2013-10-02

PostSubject: New legislation, AB Canada, Calgary & Medicine Hat   Thu Oct 03, 2013 7:57 pm

In the past six months, the municipality of Medicine Hat, followed by that of Calgary, have passed new non-smoking in public places bylaws. I am presenting a fairly comprehensive summary of the important bits of each below.


Medicine Hat's bylaw #4136

Prohibition and Exceptions
3. No person shall Smoke within ten (10) metres of an Outdoor Public Place.

4. Notwithstanding Section 3, and subject to the Tobacco Reduction Act (Alberta) and regulations thereunder, Smoking is permitted on a roadway, sidewalk, parking lot, campground, golf course, or private residential property but is not permitted on the City's Heritage Trail System.

"Outdoor Public Place"
means an outdoor

(i) beach;

(ii) Pool (includes the swim lake at Echo Dale Regional Park;);

(iii) Park (means public space controlled by the City and set aside as a park to be used for rest, recreation, exercise, pleasure, amusement and enjoyment, and includes the City's Heritage Trail system;);

(iv) Playground (means a structure or collection of structures designed and intended for recreational use by children and, where mounted in a distinct material such as sand, rubber, gravel, or wood chips, includes the material in which those structures are mounted);

(v) Seasonal Multipurpose Pad (means a surface on which members of the public are permitted to skate or engage in other physical activities, whether on payment of a fee or not, and includes, public lakes, ponds, outdoor rinks with boards or other ice support infrastructure and outdoor basketball courts);

(vi) Skate or BMX Park ( means an area designed and intended specifically for the use of one or more of the following:
(i) skateboards;
(ii) bicycles;
(iii) in-line skates; or
(iv) similar devices);

(vii) Sports Field (means an area designed and intended for use in a specific sporting event, including spectator seating areas, and includes a soccer pitch, football field, rugby pitch, baseball diamond, tennis court and similar areas,);

(viii) Water Playground, open to the public from time to time.

General Penalty
8. Any person that violates Section 3 of this Bylaw is guilty of an offence, and the
penalty payable upon conviction in a court of competent jurisdiction shall be:

(a) Not less than $100 nor more than $1,000 for a first offence by that person; and
(b) Not less than $200 nor more than $2,000 for any subsequent offence by that
person

Calgary's bylaw is a bit less severe (It has a lot more pertaining to bingo halls, casinos, workplaces, etc, but I am including mostly only the newer outdoor public places amendments that were added this summer.).

Calgary Bylaw 57M92

PROHIBITION AND EXCEPTIONS
3.(1) No person shall carry or possess a lit cigarette, cigar or pipe, or burn tobacco in any manner in a public premises.

(1.1) No person shall carry or possess a lit cigarette, cigar or pipe, or burn tobacco in any manner in, on or within 5 metres of a:

(a) outdoor pool;

(b) outdoor skating rink;

(c) playground;

(d) skate park; or

(e) sports field to which the public has access as of right or by express or implied invitation.

(2) Except when on a public sidewalk, no person shall carry or possess a lit cigarette, cigar or pipe, or burn tobacco in any manner within 3 metres of an entrance or exit to a public premises.

(3) No person shall permit ashtrays or objects intended to be a receptacle for a cigarette butt to be placed in indoor areas where smoking is prohibited by this Bylaw.

(4) No person shall provide services or allow services to be provided to any person who is carrying or possesses a lit cigarette, cigar or pipe in an area or premises in which smoking is prohibited by this Bylaw.

(5) No person shall carry or possess a lit cigarette, cigar or pipe, or burn tobacco in any manner in Olympic Plaza.

(6) For the purposes of subsection (5): “Olympic Plaza” means the area bounded on the north by 7th Avenue S.E., on the east by Macleod Trail S.E., on the south by 8th Avenue S.E. and on the west by 1st Street S.E., but excluding lots 39 and 40 of Block 52 on Plan A.

MINIMUM PENALTIES AND SUBSEQUENT OFFENCES
8.1 The minimum penalty which may be imposed for:

(a) a first offence in respect of a violation of any provision of this Bylaw shall be $50.00;

(b) a second offence of the same provision of this Bylaw within a twenty-four month period shall be $100.00;

(c) a third or subsequent offence of the same provision of this Bylaw within a twenty-four month period shall be $200.00.

Living in Calgary, I am happy that what passed here was a lot more reasonable than what Medicine Hat got, but I am still not thrilled by it. It should also be noted that in a province where a full 50% of the year is occupied by less than clement weather, we have precious few places outside private homes that we can enjoy a pipe....none of which are indoors, as our province has banned all indoor smoking rooms (except in private residences).
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Hawker

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Age : 51
Location : Alberta
Registration date : 2012-05-15

PostSubject: Re: New legislation, AB Canada, Calgary & Medicine Hat   Fri Oct 04, 2013 3:12 pm

After reading your post Toirtis it makes me glad i'm a hick & spend alot of my time west of the 5th.
My advise to you my friend is get the hell out of that rat race to where life can be enjoyed without bylaws & every Tom Dick & Harry (sorry Big C) telling you what you can & can not do. Society is getting carried away with rules & regulations & it's inconsiderate ignorant people in the past that have screwed things up for every one. 20 years ago when common sence was abolished rules & regulations were implemented and it looks like it's only going to get worse.Evil or Very Mad
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