Council approves new bylaw

By Miriam Ostermann, Associate Editor

Not all Strathmore town council members saw eye to eye at a special council meeting on Oct. 24 when a majority vote passed the amended Smoking Bylaw and Cannabis Consumption Bylaw.
Four out of five council members voted in favour of passing regulations that provide enhanced enforcement and attention to technical issues related to smoking and cannabis consumption in Strathmore’s public spaces.
Council failed to give unanimous consent for the Smoking Bylaw’s third reading at the regular council meeting on Oct. 17 when Councillor Jason Montgomery voted against the motion. As a result, council voted to hold a special meeting last week to bring the bylaws back for approval. Montgomery voiced his concern with the municipal government’s role, keeping new costs associated with cannabis to a minimum – such as for enforcement – and restricting options of smoking locations. Montgomery voted against third and final reading for both bylaws.
“I philosophically believe that it is the government’s role to protect people from each other and not from themselves, especially in instances where another person is not being harmed by those actions,” he said.
“While I do not personally think smoking tobacco is a good decision, past attempts at blanket prohibitions have taught us that if we are too strict and do not give people a reasonable outlet for use of alcohol, tobacco or the like, that we risk the appearance of unintended consequences that may be worse than what we are trying to prevent.”
While legislation exists provincially at addressing smoking in public, Strathmore had no bylaw in place regarding the current provincial smoking prohibitions, especially with regards to the legalization of cannabis.
The Smoking Bylaw states that no person is allowed to smoke in a designated public place with or without visible no smoking signs. Designated public places include municipal buildings and 10 metres from their entrances or exits, public buildings and the area five metres from their entrances or exits, public sidewalks and public pathways and the area within 10 metres of a public sidewalk or pathway, outdoor public events and places, and public transportation vehicle and vehicle shelters.
No smoking is allowed within 10 metres of a child under the age of 18 who is not under the direct care of custody of the person smoking, as well as no smoking in motor vehicles while on public property when a minor is present.
The document also addresses nuisance odours; home-based businesses, where no smoking is allowed during business office hours when members of the public enter the establishment; and signage. During the special council meeting, councillors were concerned with businesses having designated smoking areas for employees, especially in the downtown where public sidewalks make it impossible to set up a designated smoking area that complies with the bylaw, and ensuring businesses are made aware of the changes.
“Unfortunately, bylaws are a necessity of society because there are people who don’t pay attention to the common rule of the right thing to do and not all laws are built on the lowest common denominator unfortunately,” said Trent West, manager of protective services with the Town of Strathmore.
“The (Alberta) Tobacco (and Smoking Reduction) Act was (implemented) in 2005, and at that point in time, that was probably the time to start introducing the will of the day of council for tobacco reduction in the community.
“We are 13 years down the road and we’re introducing some form of additional restrictions beyond what the provincial regulation prescribes. So absolutely we have to have a really good education campaign.”
With the approval of the Smoking Bylaw, council was able to pass the Cannabis Consumption Bylaw that states no person is allowed to smoke in public places, workplaces, a vehicle in which a minor is present, a public vehicle, within a prescribed distance from a doorway, window or air intake of a public place or workplace.
Montgomery noted that despite the bylaws being passed, he plans to monitor their value.
“I believe that the administration and my fellow councillors are acting with good intentions, and that they want the best for this community,” Montgomery said. “I will, however, be bringing forward a motion to monitor the amount of time and money that is being spent towards enforcing these bylaws and other related costs so that future councils can view the effectiveness versus cost to our community.”
With the passing of the Smoking Bylaw, town administration will develop a comprehensive communication strategy and permitting process for designated smoking areas.