By Lyonel Doherty
Oliver Chronicle
A bylaw to restrict smoking in Oliver was one step closer to adoption on Monday, but Town council chose to defer the matter.
Instead of first three readings, council agreed it needed more time to discuss the issues, including smoking on town sidewalks and smoking medicinal marijuana.
Council previously referred the bylaw back to staff for further investigation regarding businesses with existing outdoor patios that allow smoking.
Deputy Corporate Officer Linda Schultz said after reviewing the province’s Tobacco and Vapour Products Control Regulations, one section exempts patios (that serve food and drinks) from having to meet the six-metre smoking buffer zone around entranceways. As long as the doors and windows are kept shut, smoking can be allowed in the entire patio, Schultz said.
As a result, staff have removed the restrictive “customer service area” definition from the draft bylaw as well as changed the suggested 7.5 metre buffer zone back to the provincial standard of six metres.
In the draft bylaw, an entranceway includes doorways, verandahs, stairways, air intake systems and windows.
Outdoor public space is defined in the bylaw as any area owned, controlled or operated by the Town. This includes parks, sports venues, stadiums, recreational facility, utility easement and street (when used as part of an outdoor public event). Smoking will be prohibited in all of these areas. The Oliver Cemetery will also be off limits.
But council ran into a snag on Monday when talk focused on medical marijuana and smoking on town sidewalks such as Main Street.
Councillor Dave Mattes said his concern was how much the bylaw had expanded from parks to basically the whole town. Under the draft bylaw, you can’t walk down the street and smoke, he pointed out.
But Councillor Larry Schwartzenberger said his understanding is you can smoke on the street as long as you keep moving, but if you stop in front of a business, you can’t smoke.
Corporate Officer Diane Vaykovich said a lot of it is common sense. She noted the Town would be seeking compliance by speaking to people, not so much ticketing them on the street.
“We do plan on enforcing the bylaw as much as we can,” she said.
Schwartzenberger said he envisions the bylaw relating to cigarettes and marijuana, but not medical cannabis. Therefore, he suggested making medical marijuana exempt from the bylaw.
Mattes followed his lead by making that motion.
Mayor Ron Hovanes said he has no problem with oils and edibles, but if medical marijuana is smoked, that’s a different story.
“It’s second-hand smoke. I don’t know if I agree with that (exemption).”
Hovanes said the intention of the bylaw is to promote clean air.
But Mattes said you can’t prevent people from taking their medication.
“So people can go to a public space and light up the biggest reefer and smoke everyone out,” the mayor replied.
“It’s beyond our jurisdiction,” Mattes said.
Chief Administrative Officer Cathy Cowan said if you have a licence to smoke medical marijuana, you likely won’t be smoking it in the street, but rather at home.
Mattes’ motion was defeated because no one seconded it.
But council did agree to defer the matter until the next meeting. Councillor Petra Veintimilla noted that people, in the meantime, will likely be smoking in local parks (until the bylaw is passed).
