Cannabis rules set for parks

Mountain View County council has approved amendments to the Parks Bylaw regarding cannabis use.

The move came by way of motion at the recent regularly scheduled council meeting.

The updated bylaw includes a prohibition on cannabis use within five metres of playgrounds in county-owned campgrounds.

The policies and priorities committee had directed administration to draft amendments to the bylaw to include cannabis provisions that parallel existing liquor regulations for Mountain View County parks, day use areas, campgrounds and reserves.

In September administration presented draft changes to the bylaw to the governance review committee, which recommended the changes for council consideration.

Council reviewed the updated bylaw on Sept. 26 and again on Oct. 10. The amendments approved on Oct. 10 include the following:

• Inclusion of provisions allowing the use of cannabis in municipal campgrounds as long as they are outside of the provincial regulations for distance from playgrounds, etc.
• Formalizing the prohibition on hunting and the use of cannabis in day use areas and municipal/environmental reserves.
• Updated fines and penalties.

The amendments also include a provision that no person may use cannabis within five metres of a playground, a sports or playing field or in any area or place restricted by the Gaming, Liquor and Cannabis Act.

During discussion of the proposed amendments on Sept. 26, Coun. Peggy Johnson questioned whether five metres is an adequate limiting distance. She suggested 30 metres would be better.

Council deferred second reading of the proposed amendments pending a report from administration on the limiting distances set by other municipalities regarding cannabis use.

In a briefing note presented to council on Oct. 10 administration said, in part, that, “It is administration’s recommendation, in consultation with campground operators, that the setback distance remain at five metres due to the number of campsites that will be impacted in the event that the setback is increased along with the difficulty that will be experienced attempting to enforce the bylaw.”

During the Oct. 10 council meeting, Coun. Johnson again put forward a motion calling for the setback to be 30 metres.

“I would still argue for the 30-metre setback,” said Johnson. “I think we need to protect children who are going to be using the playing fields.”

Councillors Dwayne Fulton, Greg Harris and Duncan Milne all said they could not support increasing the setback to 30 metres because they did not believe it would be enforceable.

The motion calling for a 30-metre setback was defeated, with councillors Johnson and Al Kemmere voting for the motion.

Councillors then passed a motion approving the bylaw amendments as presented, with Coun. Johnson voting against.

Under the amended bylaw, persons found in violation of the use of cannabis in a prohibited area provision could face a fine of $250.

The bylaw also includes the following item under the Penalties section: “If a motor vehicle, off highway vehicle, aircraft, boat or trailer or camping accommodation unit is involved in a contravention of this Bylaw, the owner of that motor vehicle, off highway vehicle, aircraft, boat or trailer or camping accommodation unit is guilty of an offence unless he proves to the satisfaction of the court that at the time of the offence the motor vehicle, off highway vehicle, aircraft, boat or trailer or camping accommodation unit was not being operated or used by him.”

The complete amended Parks Bylaw can be seen on the county’s website.

Recreational cannabis use is set to become legal on Oct. 17.