King's bylaw bans public pot smoking but mayor notes enforcement problems

Richmond Hill and Markham have passed new bylaws to ban public pot smoking

Yorkregion.com
October 23, 2018
Sheila Wang

Mayor Steve Pellegrini says King Township’s existing bylaw already prohibits smoking recreational marijuana in public spaces.

Pellegrini made the statement last Friday after the two municipalities -- the Town of Richmond Hill and the City of Markham -- in York Region passed new bylaws banning public pot smoking.

King already bans smoking in any park, township-owned/operated property, or outdoors within nine metres of any public entrance or openable window of a building, according to its parks, facilities and nuisance and loitering bylaw, which was last updated in 2016.

The bylaw states smoking includes "the carrying of a lighted cigar, cigarette, pipe, electronic vaporizer or any other lighted, heated or otherwise activated smoking equipment, used to smoke any tobacco or non-tobacco substance or product."

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It applies to the use of recreational cannabis, said Jason Ballantyne, the township's spokesperson.

“This bylaw was passed under the broad powers, so we will evaluate as we go,” Pellegrini said, noting enforcement issues.

“I’m a very pragmatic person. It’s great to say you can’t smoke anywhere,” Pellegrini said. “Who’s going to enforce it? Are you expecting our bylaw staff to enforce it? Are we staffed and prepared to do that?”

Markham was the first municipality in the GTA to do so, in a unanimous council vote Oct. 16, one day before recreational pot became legal.

Calgary passed a similar bylaw related to the recreational consumption of cannabis in April.

Richmond Hill passed its new bylaw last Thursday, which was modelled on Markham's move, based on a suggestion from York Regional Police.

The mayor has taken a firm stance against hosting private pot retailers within King’s boundaries.

Council voted unanimously last month to amend the township’s zoning bylaws to define the term “cannabis retail store” and prohibit the use.

However, Pellegrini also noted that it’s a stance that the current council has taken, which could change at the new council.

“I’m not pleased about this (recreational cannabis legalization). I support it for medical purposes,” he said.