Rossland council wants public input on leash laws and smoking bans

Rossland council wants public input on leash laws and smoking bans

Following council's request in September for a "smoking dogs" bylaw, city staff returned to council on Monday with a report on bylaws used by other communities to control dogs and restrict smoking in public areas.

Council voted to provide several opportunities for public input before contemplating any change to either the ban on dogs downtown or the introduction of smoking restrictions in certain public parks, such as Harry LeFevre Square opposite Ferraro Foods.

Coun. Kathy Moore started the conversation: "I think this is a great opportunity for us to get public input. As we've seen from the Corporate Officer's report [summarized below], there are a lot of municipalities that allow dogs on leashes."

"As for smoking in the park," she continued, "I think that's a really interesting one to look at. A number of other communities—more than the ones that were in our packet—exceed the provincial rules." These include 67 municipalities across Canada, she said, and 17 in BC. In addition, she said, Fruitvale has some restrictions on smoking in parks as well.

By the staff report, we count 21 BC municipalities with bylaws that exceed provincial or district smoking restrictions—Abbotsford, Anmore, Belcarra, Coquitlam, Delta, Kelowna, Langley, Nakusp, Nanaimo, North Vancouver, Pemberton, Pitt Meadows, Port Coquitlam, Port Moody, Powell River, Richmond, Salmon Arm, Surrey, Vancouver, and Whistler.

In addition, 10 districts exceed provincial smoking regulations—Capital Regional District (including Colwood, Central Saanich, Esquimalt, Highlands, Langford, Metchosin, North Saanich, Oak Bay, Saanich, Sidney, Sooke, Victoria, and View Royal), Central Okanagan, Mission, North Vancouver, Sicamous, Squamish, Tofino, West Kelowna, Metro Vancouver, and West Vancouver.


"It's not an extreme position to take, but it would be really interesting to see what the public reaction to it would be," Moore concluded.

Coun. Jody Blomme said it was a "very good time" to look at these issues again and "important to revisit, regardless of the outcome."

Coun. Jill Spearn said she has asked many people in the last month about their position on dogs on leashes.

"A lot of people had interesting things to say, that our community has evolved since we originally had that bylaw, and that we're more of a tourist economy, and it's more friendly not having these signs that say, 'No,' you can't do this and you can't do that," she said. "We should be welcoming dogs just like we welcome visitors and, of course, our own community members—as long as people are responsible and using a leash."

On smoking, Spearn said she would prefer this issue to be "treated separately" from dogs. "I find it interesting in this report on the other communities that many don't have any smoking regulations but have lots of leash laws on dogs."

Coun. Tim Thatcher said, "A lot of people do travel with pets these days, and they're not going to stop on our brand new main street if they can't take their dog for a walk. We are a tourist community, so it's worth looking at." Thatcher added his support for making "doo-doo bags" and leashes available.

Coun. Kathy Wallace also supported "reviewing and updating the bylaw" and getting public input, but asked, "What does that [public input] process look like?

CO Tracey Butler suggested "drop letters" in mailboxes. arguing that these remain the "most well received" form of communication from the city.

"We could do a short questionnaire on [the drop letters]," she said, "and we could also do public input sessions, perhaps for half-an-hour before two council meetings."

Residents will be able to answer the questionnaire on the drop letter and return it to City Hall.

Blomme asked that an online "Survey Monkey" survey be added to the list, "since it doesn't cost anything," she argued, "

Moore also requested that council be given a chance to review the questions by internal email amongst council members before submitting the drop letters and online survey.

The drop letters and online survey will be distributed before the public input sessions with city council, but no dates have been set.

Butler further suggested that the drop letter contain an open invitation for residents to write letters to council on these topics, in addition to the surveys and input sessions.

Mayor Greg Granstrom added, "We'll see what we get from that, and then maybe we'll hold a town hall meeting."

Spearn laughed at the thought, "I'm smiling because we haven't had a town hall meeting in so long. A good rant about dogs at a town hall meeting—we haven't had one of those in a while!"

Summary of the staff report

To prepare their report, staff contacted both neighbouring and BC resort municipalities to investigate different strategies, and they also contacted Healthy Families BC to discuss smoke-free bylaws that exceed provincial standards, such as the Tobacco Control Act.

Fifteen municipalities were contacted in total—Fernie, Golden, Harrison Hot Springs, Invermere, Kimberley, Nelson, Osoyoos, Radium Hot Springs, Revelstoke, Sun Peaks, Tofino, Ucluelet, Valemount, and Whistler.

With the exception of Nelson, for which no dogs are permitted downtown or at Lakeside Park, all municipalities allowed leashed dogs in public areas. Both Fernie and Radium Hot Springs prohibited dogs at certain parks. Harrison Hot Springs does not allow owners to leave dogs tied up and unattended.

Both Radium Hot Springs and Valemount have slightly more relaxed laws, allowing dogs to be either leashed or "under control by verbal comand at all times."

Six municipalities have specifically designated "off-leash" areas—Fernie, Kimberley, Revelstoke, Sun Peaks, Trail, and Valemount.

Across the border, Spokane Riverside State Park offers complimentary leashes at the information kiosk.

Staff recommended caution in supplying and locating dog tie up areas "in case of unfriendly dog behaviour," and that dog baggies should be supplied if a leash law were introduced.

Only a handful of municipalities have smoking bylaws beyond provincial regulations. Nelson has a bylaw from 1990 that needs to be updated. Revelstoke prohibits smoking at "outdoor special events" hosted by the city. Tofino does not allow smoking in its parks. Whistler does not allow smoking in public squares or parks, outdoor patios, or within 25 metres of playgrounds, playing fields, places where sports are occurring, or public transit shelters.

Bylaw enforcement remains a central issue for both laws, however, as staff noted that currently the budget "allows for only five per cent of the public works clerk's hours to be allocated to enforcement." That equates to about 20 minutes per day, five days per week.

Staff noted that neither Rossland's Official Community Plan (OCP) nor the Strategic Sustainability Plan (SSP) "speak directly to the issue of dogs in the downtown core or smoking in public places." They noted, however, "both the OCP and the SSP speak to developing a vibrant, user-friendly downtown core that attracts visitors and supports local business."

Staff estimated that the cost of animal control signage and installation on Columbia Ave. and Washington St. will amount to $2500. Outdoor ashtrays cost between $50 and $275 each.

Comments

Be careful of blanket bylaws

I am all for bylaws that hinders the good health of people and the environment; however, we need to be careful that our political spectrum does not end up with mandates that over powers the population with blanket bylaws.  

A blanketed “No Smoking” bylaw is an infringement on some, but a satisfying  move for others.  To say “No Smoking in Rossland is a blanketed infringement to the population.  To say “Smoking Allowed In Certain Areasgives the smokers and the non-smokers an equal opportunity to their freedom of rights.  Setting aside or establishing smoking areas so non-smokers can avoid those areas is a fair balance for both sides.   Of course there are those who will want it all their way:  that is called a dictatorship/ forcing their personal will on the masses.

Banning dogs will always be a contentious issue.  Dogs are a significant part of most families in Rossland.    Some are used as protection, others are just plain part of the family while others are faithful companions for those who no longer have a family.  To say “no dogs” in the downtown area is another blanket bylaw that infringes on the rights of some while satisfying the wishes of others.  

I strongly feel that dogs should not be tied to lamp posts or benches along the downtown sidewalks where they are accessible to children who love nothing better than to throw their arms around a perceivable pet.  Some dogs enjoy the attention of being petted; others do not like to be touched by strangers.  A child’s face is at the same height as large dogs, we all know what can happen in that scenario.

Having to step around and/or over dog leashes, or a fresh pile of poop, is clearly the owner’s responsibility and the bylaws should be drawn up to strongly enforce the idea of that responsibility. 

Dogs running loose in neighbourhoods are a greater problem than a few dogs on leashes in the downtown core.  We have five dogs that tour our yard constantly and leave their piles of poop all over the place.   Our neighbour’s dogs are considered more like pets than intruders as some dogs are.  Three or four dogs in a pack is a recognized danger because dogs by instinct are pack animals.   It is well known that a dog’s personality change when in a pack.

The big issue here is bylaw enforcement.  Laws with no teeth are useless.  Enforcing a bylaw  requires a paid employee/s.   Unless the bylaw officers makes up for his/her/their wages in fines, the tax payer has another expense to pay for.

So, where do we draw the line?

Dogs, smoking, & bylaw enforcement

Bylaw enforcement is indeed a large issue for Rosslanders who have health problems related to smoke.  I'm not talking about cigarette smoke here -- walking along the street I often have to hold my breath when passing smokers, but that's possible. 

It is not possible to hold my breath for all the time that I'm outside working in my yard, or walking uptown to do the daily errands.  And that has an impact on my health (and yours, and your children's) because of all the backyard burning of yard waste done in town (although prohibited in our bylaws) AND the woodstove burning of garbage (producing toxic fumes for all the neighbours) AND the inefficient, smoke-intensive, improper use of woodstoves.

It is quite possible (and efficient) to use woodstoves so that they produce visible, particle-rich, health-damaging smoke only for a few minutes when they are being started.  After that, given enough draft (and no damper), they can burn fairly clean, with no visible smoke.  Just heat waves will be visible above the chimney.  But at any time of day in the winter, you can look around Rossland and see chokingly smoking chimneys.  (cough, retch!) 

Woodsmoke, yard-waste smoke, and garbage-smoke are serious health hazards.  I'd prefer Council to find ways of minimizing the amount of ambient smoke in Rossland's air at all times of the year before worrying about placing mostly unenforceable restrictions on smokers -- even though cigarette smoke does bother me. 

I suspect that one chimney or one backyard bonfire produces more health damage to the neighbours than one smoker in Harry LeFevre Square.

And then there are the people who still think that it's somehow better to leave diesel vehicles (or even gas-powered ones) running (contrary to our no-idling bylaw) and emitting exhaust fumes at everyone while they duck into the post office or wherever, and then get caught up in a ten-minute conversation with someone ... and there are the black-smoke-belching trucks, and ...  I'd better stop here! 

Our air quality should be important to us all, and worth taking trouble to improve.

 

Dogs, smoking and by-law enforcement

I agree that wood burning smoke is becoming a problem. Where I live there are many who burn wood and yes sometimes garbage. Some of the wood burners I am sure would not pass inspection.

We cannot leave a window open for fresh air as with the bathroom fan or stove fan on the smoke smell is drawn into the house. Would be nice to have a window cracked, but we can't because of the many wood burners in our neighbourhood.

As for down town, without having the teeth to inforce the existing by-laws, such as dogs, illegal parking and engine idling, engines running why add more.