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The City of Ottawa has taken a harder look at its smoking bylaws and declared the use of e-cigarettes on city buses, or municipal buildings or parks is illegal and that anyone caught “vaping,” as the practice is known, could face fines of up to $5,000.
City Solicitor Rick O’Connor released a statement on the practice early Friday morning after being asked by Mayor Jim Watsion and other officials to review the legislation following comments from OC Transpo officials seemed to suggest the use of e-cigarettes, which deliver nicotine to a smoker without the need to be burned like a traditional cigarette, was permitted.
“Given that the City has received numerous public complaints regarding the use of e-cigarettes on buses and other OC Transpo property, it is apparent that the use of e-cigarettes may interfere with the comfort and convenience of other transit riders and users may therefore be subject to enforcement action, including fines of up to $5,000. I would like to apologize for any confusion that the earlier legal comments may have given,” said O’Connor in an emailed statement.
He noted that city bylaws expressly prohibit anyone from “interfering with the comfort and convenience of other transit riders.”
While e-cigarettes do not create the same smoke as traditional cigarettes, the vapour does contain nicotine, some of which the user exhales.
That exhaled vapour may be unwanted by people near the e-cigarette user.
O’Connor went further to say that recently reworded bylaws would treat e-cigarettes like regular cigarettes, meaning they would be banned wherever regular cigarette use is banned.
“Members may recall that, by virtue of amendments made to the City’s Parks and Facilities By-law, City Council in June 2012 broadened the definition of ‘smoke’ or ‘smoking’ to capture a wider array of activities. Therefore, it is my opinion that this expanded definition of “smoke” or “smoking” effectively prohibits the use of e-cigarettes and ‘vaping’ in City of Ottawa parks and other outdoor municipal properties,” he said.
Users of e-cigarettes are advised to use the devices away from public places, and in the “smoking spots” that have sprung up on municipal property.
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City Solicitor Rick O’Connor released a statement on the practice early Friday morning after being asked by Mayor Jim Watsion and other officials to review the legislation following comments from OC Transpo officials seemed to suggest the use of e-cigarettes, which deliver nicotine to a smoker without the need to be burned like a traditional cigarette, was permitted.
“Given that the City has received numerous public complaints regarding the use of e-cigarettes on buses and other OC Transpo property, it is apparent that the use of e-cigarettes may interfere with the comfort and convenience of other transit riders and users may therefore be subject to enforcement action, including fines of up to $5,000. I would like to apologize for any confusion that the earlier legal comments may have given,” said O’Connor in an emailed statement.
He noted that city bylaws expressly prohibit anyone from “interfering with the comfort and convenience of other transit riders.”
While e-cigarettes do not create the same smoke as traditional cigarettes, the vapour does contain nicotine, some of which the user exhales.
That exhaled vapour may be unwanted by people near the e-cigarette user.
O’Connor went further to say that recently reworded bylaws would treat e-cigarettes like regular cigarettes, meaning they would be banned wherever regular cigarette use is banned.
“Members may recall that, by virtue of amendments made to the City’s Parks and Facilities By-law, City Council in June 2012 broadened the definition of ‘smoke’ or ‘smoking’ to capture a wider array of activities. Therefore, it is my opinion that this expanded definition of “smoke” or “smoking” effectively prohibits the use of e-cigarettes and ‘vaping’ in City of Ottawa parks and other outdoor municipal properties,” he said.
Users of e-cigarettes are advised to use the devices away from public places, and in the “smoking spots” that have sprung up on municipal property.
查看原文...