Revelstoke City Council hereby gives notice of its intention to amend Clean Air Bylaw No. 1632. The City of Revelstoke considers it expedient and desirable for the health, safety and welfare of the residents to regulate smoking in the City of Revelstoke.

Currently the Clean Air Bylaw includes no smoking in City owned buildings and vehicles acquired by the City for municipal purposes. The City is proposing that the amending bylaw expand smoking prohibitions to include; City owned property including parks, outdoor recreational facilities on City property, including but not limited to a sports field, grandstand, seating area or bleacher, the Cemetery, a trail or path on City property or property the City is licenced to maintain, a street along a parade route while the parade is in progress and municipal streets during temporary road closures for public events, for example Grizzly Plaza during Street Fest or the Summer Market.

BYLAW No. 2001

A Bylaw For The Purpose of Amending Clean Air Bylaw No. 1632

WHEREAS the Council of the City of Revelstoke has enacted "Clean Air Bylaw No. 1632", being a bylaw for the purpose of prohibiting smoking in City owned buildings.

AND WHEREAS the Council of the City of Revelstoke wish to expand the smoking prohibition of the Bylaw to include City owned property and municipal streets during temporary road closures for public events.

NOW THEREFORE the Council of the City of Revelstoke in open meeting assembled enacts as follows:

1. That the recitals of Bylaw No. 1632 be replaced in its entirety with the following:

WHEREAS under the provisions of Section 8, Fundamental Powers, sub-section (3)(i) of the Community Charter, Council may regulate and impose requirements to public health matters.

AND WHEREAS Council considers it expedient and desirable for the health, safety and welfare of the residents to regulate smoking in the City of Revelstoke.

2.That Sections 1–4 of Bylaw No. 1632 be replaced in their entirety with the following Sections 1-7:

DEFINITIONS:

1. In this Bylaw unless the context otherwise requires:

“Bylaw Enforcement Officer” means the person hired or appointed by Council by resolution from time-to-time as a Bylaw Enforcement Officer and includes the appointment provided under Section 70 of the Police Act R.S.B.C. 1996, Chapter 367.

“City” means the City of Revelstoke.

"City property” means real property and buildings owned or leased by the City, and any motor vehicle owned or leased by the City.

“Council” means the Council of the City of Revelstoke.

“Smoke” means to smoke, hold or otherwise have control over lighted tobacco.

“Street” means a public street, highway, road, lane, sidewalk, thoroughfare, bridge, square and the curbs, gutters, culverts and retaining walls in connection therewith.

PROHIBITION

2. No person shall Smoke in any of the following places:

a) City property;

b) a park on City property;

c) an outdoor recreational facility on City property, including but not limited to a sports field, grandstand, seating area or bleacher;

d) a cemetery on City property or a Cemetery the City is licenced to maintain;

e) a trail or path on City property or property the city is licenced to maintain;

f) a street along a parade route while the parade is in progress,

g) a street where a temporary road closure has been approved for a public event.

OFFENCE AND PENALTY

3. Anyone who violates any section of this bylaw is guilty of an offence and is liable, on summary conviction, to a fine of not more than $200.00.

ENFORCEMENT

4. This Bylaw is designated under the provisions of Section 264 of the Community Charter as a Bylaw that may be enforced by means of a ticket in the form prescribed, and in accordance with this Bylaw.

5. Bylaw Enforcement Officers are designated to enforce this Bylaw pursuant to Section 264(1)(b) of the Community Charter.

SEVERABILITY

6. If any section of this Bylaw is held to be invalid by a Court of competent jurisdiction, then such invalid portion shall be served and such decision shall not affect the validity of the remainder of the Bylaw.

CITATION

7. This Bylaw shall be cited for all purposes as the “Clean Air Amendment Bylaw No. 2001”

READ A FIRST TIME THIS 23rd DAY OF August, 2011

READ A SECOND TIME THIS 23rd DAY OF August, 2011

READ A THIRD TIME THIS DAY OF , 2011

ADOPTED BY CITY COUNCIL THIS DAY OF , 2011