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    The Law and a By-Law

    Banned
    Was waiting for the bus and 2 people started having an argument about smoking. A guy lit his fag and someone pointed to the sticker that reads ''it is against the law to smoke in this bus shelter''. the guy who was smoking then proceeded to point out it actually isnt against the law, the council just want you to think this. said it was a ''by-law'' (whatever that is?) and is not a punishable offence.

    who was right?

    40 Comments

    Supermod

    If it is enclosed at both ends then it is against the law to smoke there. If it is only closed at one end then it is not classed as a "building". Or so I am led to believe.

    No idea but I hate folk that light up a cig inside the bus shelter when there's someone in it. I'm an ex-smoker (of a whole 6 years) and would never ever have lit up INSIDE a bus shelter and was always very paraniod of smoke wafting from me to someone standing beside me when I was outside the shelter. Law or no law, its just downright inconsiderate, the git.

    It's illegal if: there's a roof and at least 50% has 'walls'. ie. If the shelter only has sides on both ends then it's ok (presuming it's rectangled shaped).

    whos side were you on dangergod?

    i dont get why people get so worked up over ciggies it never bothers me when people light up, if i was in a bus shelter and someone sparked up i wouldnt give it a second thought

    Original Poster Banned

    r4ge

    whos side were you on dangergod?



    No ones really.. im not a smoker but it doesnt bother me if people smoke in the bus stop. The guy didnt ask him to smoke outside.. just pointed out it was illegal in sort of a joking way.

    He then said a ''no entry'' sign leading up a road was also a by-law.

    maybe the guy could punch him in the face and claim it was self defence, as this guy was causing him harm by smoking near him and therefore using self defence to stop him. would that be against the law mmmm..

    lumoruk

    50% surface area means it's legal, if a sticker has been placed on it to … 50% surface area means it's legal, if a sticker has been placed on it to say it's illegal to smoke then I would say the council have measured the surface area and decided more than 50% of the shelter is walled.Don't suffer from asthma, have kids or give a hoot about your health? Just by calling them ciggies you've painted a pretty picture of yourself X)



    ha ha ha, ive seen your threads mate, as if i care what you think

    Banned

    the sedge

    maybe the guy could punch him in the face and claim it was self defence, … maybe the guy could punch him in the face and claim it was self defence, as this guy was causing him harm by smoking near him and therefore using self defence to stop him. would that be against the law mmmm..



    I would love to see that one in court but it's reasonable force, pulling the cigarette out of the persons mouth and extinguishing it would be self defence.

    ilovepink

    ha ha ha, ive seen your threads mate, as if i care what you think



    yes i do have a child, i just dont use the bus

    lumoruk

    whoops didn't mean to like your comment, I would hate to be your 'mate' … whoops didn't mean to like your comment, I would hate to be your 'mate' if you didn't care what your mates think



    oO

    hows your wife X)

    lumoruk

    whoops didn't mean to like your comment, I would hate to be your 'mate' … whoops didn't mean to like your comment, I would hate to be your 'mate' if you didn't care what your mates think



    Yeah well we all know that you have "special feelings" towards your mate(s)

    ilovepink

    oOhows your wife X)



    no doubt we will get a new thread with a boring update..........like we have done from the TTC

    bossyboots

    no doubt we will get a new thread with a boring update..........like we … no doubt we will get a new thread with a boring update..........like we have done from the TTC



    X)

    SHOCK HORROR ILP - did you actually call fags (thought that was a relevant word to use here) ciggies oO OMG the shame of it - what happened to you in your life that you have reverted to using language like that X)

    bossyboots

    SHOCK HORROR ILP - did you actually call fags (thought that was a … SHOCK HORROR ILP - did you actually call fags (thought that was a relevant word to use here) ciggies oO OMG the shame of it - what happened to you in your life that you have reverted to using language like that X)



    ciggies, fags, tabs etc i dont see what the problem is, unless its a class thing therefore someone is thinking they are better than me because i used a slang term for an item if so YAAAAAAAAAAAWN
    Edited by: "ilovepink" 12th Dec 2010

    jellybaby22

    Threads going well I see



    alot of people probably watched the khan fight and want abit of the action

    If the area is more than 50% enclosed, it is against the Law. Nothing to do with by-laws.

    Supermod

    ilovepink

    i dont get why people get so worked up over ciggies it never bothers me … i dont get why people get so worked up over ciggies it never bothers me when people light up, if i was in a bus shelter and someone sparked up i wouldnt give it a second thought



    You might not but many do. Intoxicating someone elses body just to get your own fix is pretty selfish. I cannot see why people cannot go to the back of a bus stop to have a cigarette.

    magicjay1986

    You might not but many do. Intoxicating someone elses body just to get … You might not but many do. Intoxicating someone elses body just to get your own fix is pretty selfish. I cannot see why people cannot go to the back of a bus stop to have a cigarette.



    fair dos i must say thou when i did use to smoke i use to stand outside, it wasnt the law to do so, i just thought it was the decent thing to do, but it dont annoy me if some else doesnt do it
    Edited by: "ilovepink" 12th Dec 2010

    Supermod

    ilovepink

    fair dos i must say thou when i did used to smoke i used to stand … fair dos i must say thou when i did used to smoke i used to stand outside, it wasnt the law to do so, i just thought it was the decent thing to do, but it dont annoy me if some else doesnt do it



    That is fair enough if it doesn't annoy you but I cannot stand it when people smoke in places which they should realise are deemed "public spaces".

    Whenever I walk past someone smoking I must look like a right weirdo as I hold my breath and nose just not to take it in!

    magicjay1986

    That is fair enough if it doesn't annoy you but I cannot stand it when … That is fair enough if it doesn't annoy you but I cannot stand it when people smoke in places which they should realise are deemed "public spaces". Whenever I walk past someone smoking I must look like a right weirdo as I hold my breath and nose just not to take it in!



    yeah it is smelly, the only time i think ill of people for smoking is when people are pushing around babies and young kids is pushchairs or buggies and smoking

    Supermod

    ilovepink

    yeah it is smelly, the only time i think ill of people for smoking is … yeah it is smelly, the only time i think ill of people for smoking is when people are pushing around babies and young kids is pushchairs or buggies and smoking



    Its not really the smell, its more the cancer that concerns me!!

    magicjay1986

    Its not really the smell, its more the cancer that concerns me!!



    oh sorry i thought you ment the smell

    Supermod

    ilovepink

    oh sorry i thought you ment the smell



    I can just about put up with the smell (in the street). I hate the smell though on peoples breath.

    The smell of smoke gives me a headache.

    The smell of smoke gives me a headache.

    And the smell on your clothes too

    Banned

    looks like student room tbh

    ODB_69

    looks like student room tbh



    except for that poster of Showaddywaddy



    lol @ no entry poster

    at least your honest about it - tbh thought it was all a huge joke until you admitted to having these experiences.

    Banned

    bossyboots

    except for that poster of Showaddywaddy




    as I have no idea what they look like or know anything about them except the name I'm assuming thats a joke.

    Seems to be a lot of posters for skater type of bands tbh....I recognise most of them

    Banned

    bossyboots

    Okay,........ Lumoruk, I would stop now - far too much personal info … Okay,........ Lumoruk, I would stop now - far too much personal info being posted by yourself



    reported for clean up

    No doubt the punishment for setting fire to the bus shelter would be less severe..........think you should recommend this next time.

    Of course, driving over the speed limit is illegal and far more dangerous than standing next to a smoker in a bus shelter, none of you ever break the speed limit do you?(_;)

    actually due to database purposes lol - have deleted my last post

    Jumpingphil

    What are you trying to say here? It is OK to smoke in a bus shelter, or … What are you trying to say here? It is OK to smoke in a bus shelter, or it isn't?



    I was just trying to put the matter in to context.

    Jumpingphil

    I would have thought you would have looked up by-law to save yourself … I would have thought you would have looked up by-law to save yourself posting this.You would have gotten your answer and educated yourself at the same time."Municipal bylaws are public regulatory laws which apply in a certain area. The main difference between a bylaw and a law passed by a national/federal or regional/state body is that a bylaw is a made by a non-sovereign body, which derives its authority from another governing body, and can only be made on a limited range of matters. A local council or municipal government gets its power to pass laws through a law of the national or regional government which specifies what things the town or city may regulate through bylaws. It is therefore a form of delegated legislation.Within its jurisdiction and specific to those areas mandated by the higher body, a municipal bylaw is no different than any other law of the land, and can be enforced with penalties, challenged in court and must comply with other laws of the land, such as the country's constitution. Municipal bylaws are often enforceable through the public justice system, and offenders can be charged with a criminal offence for breach of a bylaw. Common bylaws include vehicle parking and stopping regulations, animal control, building and construction, licensing, noise, zoning and business regulation, and management of public recreation areas."So, the guy who said it was a by-law, might have been right, but it is still enforceable.



    It's not a by-law, as has been stated already.

    Your text here

    ilovepink

    i dont get why people get so worked up over ciggies it never bothers me … i dont get why people get so worked up over ciggies it never bothers me when people light up, if i was in a bus shelter and someone sparked up i wouldnt give it a second thought



    Agree. I'd much rather someone smoke next to me than fart next to me. I really hate that.:(
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