
“I’m strongly supporting this,” said Ward 1 councillor Brian McHattie. “This is incremental. The ultimate goal is to ban tobacco. What we want to do is stop altogether one of the most damaging substances.”
Councillors this week agreed to conduct a study on how the city’s smoking bylaw can be changed to include parks, playgrounds and beaches. Politicians also encouraged the federal and provincial governments to curtail contraband tobacco sales that is prevalent on native lands, including Caledonia and consider establishing and in some cases raising tobacco vendor licensing fees.
Kevin McDonald of the city’s public health department, said the review and and recommendations would take about a year for politicians to consider.
Hamilton established its smoking bylaw in 2003, and the city went smoke free on June 1, 2004. The bylaw at the time did not include such public spaces as beaches and parks and concentrated on bars and restaurants.
Councillors also approved in a close 7-6 vote the provincial government’s soon-to-be introduced proposal to ban smoking in private vehicles where children younger than six can be susceptible to second-hand smoke. The legislation has yet to be introduced.
“I think this is a start,” said Mountain councillor Terry Whitehead, referring to Hamilton’s initiatives. “But we need more information. It’s prudent to do that.”
Added Dundas councillor Russ Powers, who also endorsed a go-slow approach, “I’m generally receptive of the direction we are going. It’s worth a discussion document first. I think the cart is before the horse now.”
But Mr. McHattie was eager to decide immediately on banning smoking in most public areas. The second-term councillor recently lost his father, mother and sister to cancer because of smoking tobacco.
“My family has been decimate by smoking,” he said. They smoked incessantly. This is a very personal issue for me.”
But Stoney Creek councillor Brad Clark, who is not a smoker, questioned where government will stop as it continues to prevent people from smoking in public and in some cases private areas.
“At some point it seems undemocratic,” he said. “The product is legally sold.”
Mr. Whitehead pointed out in Brandon, Manitoba, it has banned smoking on some sidewalk areas.
Other questions include how will the municipality enforce the smoking bans; will police officers pull over vehicles and issue tickets to people who are smoking with small children in the vehicle; and how much will it cost the municipality to provide the enforcement.
“To vote for something and for us and not to know our enforcement costs scares me,” said Glanbrook councillor Dave Mitchell. “We could be spending hundreds of thousands of dollars.”
Hamilton mountain councillor Tom Jackson remained skittish about the privacy issues such laws raise.
“We have more important matters our on roadways, such as drinking and driving and road rage,” he said. “I’m struggling with the privacy aspect.”
There are some examples of other municipalities, such as in Ottawa, Collingwood and Belleville, which have established smoke-free parks.
Hamilton has about 300 parks, with about 70 per cent containing playgrounds for children.
A 2007 Canadian Tobacco Use Monitoring Survey found that 52 per cent of people reported being exposed to second-hand smoke on a sidewalk or park.
Mr. McDonald said all of Hamilton’s public areas will be looked at under the review, including golf courses.
Ancaster councillor Lloyd Ferguson, who supported the direction of the ban, did point out there are private and members-only golf clubs in the city that should be exempt.
“I’d like to keep golf courses out of it,” he said.
Meanwhile, Mr. McDonald pointed out that Hamilton’s downtown area has the highest concentration of tobacco vendors around public schools. A review found that each school has a minimum of five tobacco vendors nearby.
“The availability of tobacco products is pretty rampant,” he said.
Mr. McDonald said public health officials could examine installing a minimum distance that tobacco vendors can locate near a school.
The city currently has established a $138 fee for vendors to sell cigarettes and tobacco and a $150 health inspection fee. There is no requirement for tobacco vendors to provide any tobacco information to the public.

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