Several beaches are included in proposed changes to the Capital Regional District’s expanded bylaw banning cigarette smoking, prompting complaints from some CRD directors.
An expanded Clean Air Bylaw would include parks, playgrounds, public squares and bus stops, and extend the buffer zone around building doorways, windows and air intakes to seven metres from three. A public hearing on the issue is scheduled for July 23 at the CRD board office.
When it was pointed out that the ban would include several kilometres of ocean-front beaches, some directors said they wanted staff to revisit the bylaw.
The beaches were included in the bylaw because they are part of public parks, staff said.
Victoria Coun. Ben Isitt noted that the CRD board had earlier directed that beaches not be included in the bylaw. “That is a substantial inventory of public waterfront — five kilometres between Sandcut Creek and Jordan River of foreshore, eight kilometres of East Sooke Park, Island View Beach, municipal beaches, Ruckle Provincial Park,” Isitt said. “If we look at islands like Portland Island, the entire Island is a park.
“So I think we’re extending the reach of this bylaw beyond what was intended by the board,” Isitt said in asking that the bylaw be reworked. Directors rejected that request, and the proposal is going to public hearing with the beaches included.
Juan de Fuca electoral area director Mike Hicks said it makes no sense to ban cigarette smoking on rugged west coast beaches where people often are relaxing around campfires in the face of strong winds. “This is totally against what we had directed.”
Victoria Coun. Geoff Young, a non-smoker, said the bylaw is going too far.
“It still rubs me the wrong way that we’re passing a bylaw that says you can drive your car down to Clover Point, sit in your car and smoke, and you can’t sit five feet away on the grass and smoke,” Young said.
“It bothers me that we’re passing a bylaw that says people who have backyards and houses can smoke until their heart’s content. People who don’t have those things cannot,” Young said, adding the bylaw effectively makes it illegal for someone to walk down the street and smoke.
Young said the region should focus instead on banning smoking near playing fields and playgrounds.
Metchosin Mayor John Ranns said he is worried about the idea of “peer enforcement” involving someone asking someone else to butt out, which is suggested as an enforcement tool in some areas.
Ranns said there is no expectation of increasing bylaw enforcement even with a vastly expanded area covered by the ban.
“The expectation that enforcement can be done by peers is dangerous. … There’s going to be confrontations and we have no business establishing a bylaw that’s going to generate the type of confrontations that this will,” he said.
Isitt said banning smoking in massive areas of wilderness “is going to make an ass out of the law.”
But others, like Saanich Coun. Vic Derman, said the proposed bylaw is totally consistent with what had always been contemplated.
“Beaches in parks are part of the park. Beaches that are not in parks are not. That is what we passed before — other public beaches would not be included and they are not at this time,” Derman said.
“I think there is an expectation in the public at large that they support this and they expect us to move on it expeditiously.”
Saanich Coun. Judy Brownoff said there is plenty of support for the bylaw from people who don’t like second-hand smoke. She also noted that discarded cigarette butts are also a problem.
