The City of Leduc has passed a bylaw that bans people from smoking in their own vehicles when children are present. The bylaw was passed Monday night by city council.

The bylaw "Smoke-free Vehicles for Minors Bylaw" states that no person shall smoke in a private vehicle when another person who is under the age of 18 is present in the vehicle. This would apply even if a window, sunroof or car-top is open. This would also apply whether the vehicle is parked or moving.

One Leduc mom told CTV News while she supports the new bylaw, she admits she may not follow it.

"It's your car, it's your personal property," she said.

The mayor of Leduc believes passing this bylaw was the right thing to do for the community.

Mayor Greg Krischke said he hopes this bylaw sends a message to the province. Currently, eight provinces have passed similar bans.

"They've enacted legislation. The province has been silent up until now," he said.

The health minister thinks it's "unfortunate" that the province would have to impose a ban on something he believes is common sense.

"I'm not looking at anything at the provincial level in terms of legislation," said Minister Gene Zwozdesky.

The senior medical officer of health for Alberta Health Services disagrees with the minister. Dr. Gerry Predy said he supports Leduc in passing this type of bylaw.

"I think it's an important step in protecting young children from the impact of environmental tobacco smoke."

The premier admits the government will be watching "very closely" once the bylaw takes effect.

If caught, violators in Leduc will get a $100 fine for the first offence and $200 for a second offence.

The bylaw takes effect on July 2, 2011.

Leduc is the second Alberta municipality to pass this type of bylaw. The Town of Okotoks passed a bylaw on Sept. 1, 2008.

With files from Bill Fortier