Towns taking different approach to smoking bylaw

Lighting up could be banned in public spaces in Black Diamond and permitted only on sidewalks and designated areas in Turner Valley if local councils approve their draft vaping and smoking bylaws as written. Both councils passed first reading to their respective smoking and vaping bylaws last week. The bylaw will come before Turner Valley council again at its Oct. 15 meeting and Black Diamond council at its Oct. 17 meeting in anticipation for the nation-wide legalization of cannabis on Oct. 17. Black Diamond council passed first reading of its bylaw, which restricts smoking and vaping of tobacco and marijuana in public places, workplaces and vehicles where minors are present. Those authorized to possess medical cannabis will not be exempt. “Smoking tobacco would not be allowed anywhere and we have areas where this is going to be cause for concern, namely some of our businesses like the hotel and grocery store,” chief administrative officer Sharlene Brown told council. The bylaw states that Brown can grant a permit to allow smoking in designated area. Council amended the bylaw so it allows non-cannabis materials only. “I don’t think cannabis should be allowed in any public venue or space… but if you’re a tobacco smoker you should be able to have a section,” said Coun. Jackie Stickel. “I think they’re different products.” Coun. Darryl Lalond disagreed, stating that neither cannabis nor tobacco should be allowed in public spaces. “I would like to see the special event exemption (Section 6) completely removed so there’s no smoking in pubic, period – cannabis or tobacco,” he said. “It opens up for liability issues with youth being right beside the fence where people are smoking.” Banning smoking altogether in preparation for legalization is not unusual for municipalities, said Coun. Brian Marconi. “I’m seeing more municipalities saying no smoking at all of any kind at a special event,” he said. “It’s easier to enforce. I support Section 6 being eliminated.” Coun. Sharon Hart said designated areas should be allowed for tobacco. “My concern is people are still going to smoke,” she said. “Cigarette butts are going to be all over the place if you don’t provide a spot for them to put their butts.” The bylaw states penalties for smoking in public areas is $250 for the first offence and $500 for subsequent offences. Turner Valley’s bylaw prohibits smoking or vaping tobacco and marijuana in public places, workplaces and vehicles with minors present, as well as within 10 metres of a childcare facility, community hall, library, outdoor pool, outdoor skating rink, playground, school, sports field and spray park, and five metres from a building’s entrance or exit. However, it permits smoking and vaping in designated areas at special events where permission is granted by the Town. Smoking or vaping of cannabis for medicinal purposes is allowed anywhere, said Gerry Melenka, Turner Valley planning and development co-ordinator. “Those who hold a card or documentation would be exempt from any requirements and can consume anywhere regardless of smoking and community services bylaws,” he said. “The expectation is if you’re having it for medicinal purposes you need to have documentation for it.” Coun. John Waring said smoking and vaping cannabis in public should be banned. Coun. Cindy Holladay agreed, adding that cannabis should be treated differently than tobacco. “I would rather go strict in the beginning with cannabis and just have public consumption banned until we see how things go,” she said. “If we set rules strict and then decide to loosen things up it’s much easier to do.” Coun. Lana Hamilton said she doesn’t expect to see people walking down the street in droves, smoking joints. “I don’t think it’s going to be drastically difference than what we’re already seeing,” she said. “I think the bylaw does a good job of laying out where is appropriate and essentially it’s saying it’s allowed on your property or on the sidewalk. I think we can sometimes get carried away in thinking everyone all of a sudden is going to be using cannabis. I don’t think that’s the case.” The bylaw states that penalties range from $150 for smoking in an undesignated space to $500 for smoking with a minor in a vehicle. The draft bylaws are available on both towns’ websites, inviting public input before coming back to councils next week.