outdoor no-smoking bylaw

By Joel Goldenberg
The Suburban

Hampstead council will be loosening a six-year-old outdoor no-smoking bylaw that captured national attention because it covered the entire territory of the town, including streets, sidewalks, parks, municipal vehicles, town buildings and land next to those municipal buildings.

The bylaw had covered tobacco and cannabis but not e-cigarettes as they are not a tobacco product. A notice of motion and draft bylaw were tabled for the bylaw revision at the Oct. 8 council meeting.

Mayor Jeremy Levi told The Suburban that in terms of outdoor smoking, the bylaw will no longer apply to streets and sidewalks.

“What we’ve seen since this was instituted over the years is a very restrictive bylaw that was very challenging to be enforced,” the Mayor explained. “For example, if somebody was sitting in their car with the convertible roof down, on the road, smoking a cigarette, they would be in contravention of this bylaw. We’re just trying to make it a little more amenable to enforce.”

Levi added that “you’re still not going to be able to smoke in parks and [municipal] public places.

The Mayor also pointed out that “quite often, we have contractors that are working on homes, and they don’t really know the bylaw. They’re sitting in their truck, having lunch, smoking a cigarette… we’re just trying to make this a little more realistic.”

Six years ago, CSL Mayor Mitchell Brownstein told The Suburban that while CSL banned smoking in parks and around playgrounds and at its outdoor swimming pool years before, “a complete ban from smoking on streets or sidewalks would completely remove certain individuals’ rights to smoke, such as those living in the many condos in our city where they are forbidden to smoke indoors based on condo association rules. In a free and democratic society, we do not have the authority to remove a right completely,” the Côte St. Luc Mayor said.

Hampstead councillors Warren Budning and Leon Elfassy voted against the bylaw six years ago.

“The issue I have is can we enforce it,” Elfassy said at the time. “We can be possibly challenged. [Banning on] sidewalks and roads are a little bit difficult for me to digest.”

Budning said at the time that, while he supported banning smoking in parks and public places where people congregate, “legislating what people can or cannot do is somewhat of an infringement on rights and freedoms, and is considered over-legislation.The residents elected us for a realistic interpretation of how we should be running this town and creating bylaws, and I believe, hypothetically, an individual walking their dog at 11:30 p.m. who decides to smoke should not be liable for a ticket. And a fine of up to $1,500 is excessive. Also, the unenforceability of the bylaw is a serious concern for me. Passing this at a special council meeting removes the opportunity to engage with residents.” n