Calgary smokers say they are flouting the city's smoking bylaw on patios this summer because they can get away with it — an attitude that's not sitting well with a prominent anti-smoking activist.

On a patio of a coffee shop in trendy Kensington, smoker Steven France showed no shame as he broke the city's bylaw.

On a patio of a coffee shop in trendy Kensington, smokers showed no shame this week as they broke the city's bylaw.
(CBC)

"I don't think I should be singled out for something everyone is doing," France said.

The coffee shop was originally a smoker's retreat, he said. These days the patio chairs are mostly occupied by his brand of people — smokers.

Another smoker, Marcus Michel, said the patio is one of his favourite places to smoke and he does it often.

"At least every day. [I've] never been stopped by a bylaw officer. Never."

Anti-smoking activist Robyn Hauck, who crusaded for Calgary's smoking ban in public places, told CBC News on Wednesday the city should crack down on these renegade smokers.

"They aren't experiencing any consequences whatsoever, so why would they change their habits?" she said. "And especially if they are seeing other people doing it. It's not just restaurants and coffee shops. You see it downtown, going into office buildings. You see it throughout Calgary."

Smoking has been banned in all public places since Jan. 1, but the city won't be releasing statistics until the end of the year on how many tickets have been handed out to violators.

Last year, smoking was already banned on restaurant and bar patios and within three metres of businesses' doorways. Violating the rules could cost smokers a $100. Of the 50,000 tickets the city's 34 bylaw officers handed out in 2006, only 300 of those were for smoking.

Bill Bruce, the city's chief bylaw officer, said more people should be calling 311, the hotline for non-emergency city services — especially since Calgary has about 4,000 food establishments, making it impossible for bylaw officers to patrol every patio.

"It would be waste of officer time to randomly be patrolling every one. So it's more effective if we go to places where people are concerned," he said.