Coun. Andy McGrogan argued Monday that more clarity is needed in new smoking restrictions debated this month, but eventually agreed to passing the bylaw with administrators promising to provide an information campaign spelling out the changes.--News Photo Collin Gallant
cgallant@medicinehatnews.com@CollinGallant
New updates to the city smoking bylaw have passed despite initial indications Monday that rules may go back to staff again for further refinement.
The changes, meant to delete some instances of local overlap with new provincial rules and add to others, had been tabled late last month as councillors asked for more clear definitions.
The lingering issue, according to Coun. Andy McGrogan and others, was that the city’s heritage trail system, on which smoking is prohibited, is connected to – and in a small number of areas is actually connected by – traditional sidewalks, where provincial rules allow smoking.
“I understand the intent,” said McGrogan, “but I’m not sure Joe Hatter on the street knows the difference.”
He eventually withdrew a motion to postpone the vote, agreeing to a recommendation that an information campaign and potentially signs denoting the trail also denote the prohibition on vaping and smoking cigarettes, pipes and cigars.
Other councillors said the legislation was not controversial and should be passed and any confusion cleared up with a communication effort.
“I’ve had zero calls, zero texts and zero emails about this,” said Coun. Robert Dumanowski. “It’s not an assault on smokers … it adds minor but important changes and I think smokers would agree that areas where children congregate should be a focus.”
Public services division head Brian Stauth told council the changes are an update to an eight-year-old bylaw in an area where the province brought in its own rules in 2021, though the basic premise is the same. That is to limit smoking where children are present.
The definitions however, do cause some confusion in practice, he said.
“There are areas where a sidewalk turns into a trail in a greenspace back into sidewalk,” said Stauth.
“The total amount of space is a small percentage, and it’s a (situation) that has existed since 2013 and I don’t think we’ve had a lot of problems in those areas.”
After 30 minutes of debate and a presentation outlining the changes by administrators, councillors voted 8-0 in favour of the changes.
Mayor Linnsie Clark summed up.
“I agree that the bylaw could use some clarity, but I’m wondering if it’s worth it to send it back to staff and spend resources on a bylaw that we all agree with,” she said, further stating the expense to change signs likely wouldn’t be worth it.
Much like the city’s in-place bylaw, the 2021 provincial act restricts smoking within five metres of a playground, sports field, skatepark, zoo, outdoor theatre, public outdoor pool or splash park.
The city proposal would add restrictions at grandstands, parks, public events, outdoor sports court (such as tennis, basketball or pickleball), or outdoor rink. It would also allow temporary permits for smoking areas at outdoor festivals in major parks and facilities. First time offenders face a $100 fine.
Provincial regulations bar smoking inside public buildings, including private businesses where the public is present, common areas of apartments and condominiums, nursing homes and hospitals.
However, it allows smoking on highways and roads, parking lots, campgrounds, golf courses and private residential property.
The city was among a number of municipalities ahead of the province in banning smoking in bars and restaurants in 2007, a year before Alberta brought in similar rules.
In 2013, the local Smoke Free Outdoor Public Places bylaw was enacted, banning tobacco use in parks and playgrounds, and further changes were proposed in 2016, but the city paused awaiting a proposed provincial review.
That was again paused in 2019 as Alberta studied cannabis rules, and eventually brought in a Tobacco Smoking and Vaping Reduction Act of 2021.
