Bylaw 3596
To Prohibit Smoking In Certain Public Places Within The Town Of Tillsonburg


Passed Date:05/14/2012 Effective Date:
Expiry Date: Keywords: Smoking, Library Lane
Departments:
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3596

A BY-LAW TO PROHIBIT SMOKING IN CERTAIN PUBLIC PLACES WITHIN THE TOWN OF TILLSONBURG.

WHEREAS Section 115 of the Municipal Act 2001. S.O. 2001. c.25, as amended, provides that a municipality may prohibit or regulate the smoking of tobacco in public places and workplaces within the municipality and Section 128(1) of said Act provides that a municipality may prohibit and regulate with respect to a matter that in the opinion of Council are or could be public nuisances;

AND WHEREAS it has been determined that smoking and second hand tobacco smoke is a nuisance because of its irritating and discomforting properties and is a health hazard because of its impairing, adverse effect and risk to the health of individuals residing in or visiting the Town of Tillsonburg.

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS:

1.0 DEFINITIONS AND INTERPRETATIONS

1.1 Definitions and Interpretations in this by-law,

1.2 "Authored Person" means any individual employed by or authorized by the Town of Tillsonburg as a municipal by-law enforcement officer to enforce this by-law, or any officer of the Ontario Provincial Police.

1.3 "Town" means The Corporation of the Town of Tillsonburg;

1.4 "Council' means the Town Council of the Corporation of the Town of Tillsonburg;

1.5 "Person" includes an individual or corporation and shall include the plural where the context requires. Wherever the word "he" or "him" is used, it shall mean and include the feminine or neuter gender wherever the context so requires;

1.6 "Town facility" means any building, structure or premise to which the Town holds right of ownership to, including a building, structure or premise which is leased by the Town;

1.7 "Municipal Sidewalk" means a sidewalk intended for pedestrians located between that portion of a highway intended for the general passage of vehicles and the lateral property line, but does not include a sidewalk located within the boundary of a Town owned property.

1.8 "Officer" means a person appointed by Council as a Municipal By-Law Enforcement Officer, a Police Officer or other individual duly appointed to enforce this by-law;

1.9 "Outdoors" means any open space which is outside of a facility, building, structure, premise, including any temporary building, structure or part thereof, whether covered by a roof or not.

1.10 "Property" means that which belongs exclusively to the Town of Tillsonburg and to which legal rights apply;

1.11 "Smoke or Smoking" includes the carrying of a lighted cigar, cigarette, pipe or any other lighted smoking equipment or product but does not include smoke or smoking where smoke or smoking is used in a stage production of a theatrical performance;

1.12 "Walkway" as referred to in this by-law, means a covered walkway that is designed specifically for the passage of pedestrians and shall not include any uncovered walkway or sidewalk within the Town of Tillsonburg.

2.0 SMOKING PROHIBITED

2.1 No person shall smoke on the walkway known as Library Lane whether or not a "No Smoking" sign is posted.

2.2 No person shall smoke outdoors within 9 meters of any Town facility entrance or exit including but not limited to the Tillsonburg Community Centre and adjourning arenas, Tillsonburg Senior Centre, Lake Lisgar Waterpark, Summer Place, Tillsonburg Library, Tillsonburg Fire Hall, Tillsonburg Customer Service Centre, Public Works Office and Tillsonburg Special Events Centre.

2.3 No person shall smoke outdoors anywhere on Library Lane or within 9 meters of the entrance to the east or west of Library Lane

3.0 EXEMPTIONS

3.1 Notwithstanding Section 2.1 and 2.3, such prohibition shall not apply to municipal sidewalks.

4.0 SIGNAGE REQUIRED

4.1 The Town may post and maintain in conspicuous locations at each required location a sign at least 14 centimetres (5.5 inches) by 14 centimetres (5.5 inches) in size that includes depiction of the international No Smoking symbol at least 7.5 centimetres (3 inches) high, and lettering at least 0.8 centimetres (5/16 inch) high and at least 0.2 centimetres (1/16 inch) wide at the narrowest point, with the rest of the letter sized proportionately, which reads "No Smoking Within 9 Meters (29.5 feet) of Described Area" 'The Corporation of the Town of Tillsonburg By-Law No. 3596".

4.2 Where a sign is posted the sign shall have the proportions, characteristics and minimum measurements set out in Section 4.1, and shall be as depicted in "Schedule A" and shall consist of two (2) contrasting colours, or if the lettering and graphic symbol are to be applied directly to the surface or to be mounted on a clear panel, the lettering and graphic symbol shall contrast with the background.

4.3 Despite the fact that the symbol referred to in Schedule "A" is a cigarette, it may include a lighted cigar, cigarette, pipe or any other lighted smoking instrument.

4.4 Deviations from the colour or content of the sign prescribed by this Section that do not affect the substance or that are not calculated to mislead do not vitiate the sign.

5.0 OFFENCES

5.1 Any person who contravenes any provisions described above shall be guilty of an offence and upon conviction shall be subject to a fine as prescribed in the Provincial Offences Act, R.S.O. 1990, as amended.

5.2 Notwithstanding any other provisions of this Part in respect to penalties for violation of the provisions of this By-law, any person may, upon presentation of an infraction notice issued by a police officer or a by-law enforcement officer alleging commission of any of the offences under this By-law set out in Schedule "C", pay out of Court within the time limit specified on the said infraction notice the penalty set out opposite such offence as indicated in Schedule "C" to this By-law. Upon such payment no further proceedings shall be taken under this By-law in respect to the said alleged offence.

5.3 If a voluntary payment is not made in accordance with the procedure provided in Section

5.2, the procedures of the Provincial Offences Act, or any successor thereof, shall apply.

6.0 ENFORCEMENT

6.1 The provisions of this by-law respecting smoking outdoors on Town owned property shall be enforced by an Officer or authorized person deemed to be an agent of the Corporation of the Town of Tillsonburg for the purpose of addressing unauthorized activity on Town property.

6.2 Any person who observes another person acting in contrary to this by-law may submit a Smoke Free Ontario Act Witness Statement (which is outlined in Schedule "B" in this bylaw) to the attention of the Town of Tillsonburg By-Law Enforcement Officer.

7.0 CONFLICTS

7.1 If a provision of this by-law conflicts with an Act or Regulation or another by-law, the provision that is the most restrictive of smoking shall prevail.

8.0 SEVERABILITY

8.1 If any section of this by-law or part thereof is found in any court of law to be illegal or beyond the power of the Municipality to enact, such section or part thereof shall be deemed to be severable and all other sections or parts of the by-law shall be deemed to be separate and independent thereof and to be enacted as such.

9.0 ENACTMENT

9.1 This by-law shall come into effect on the day it is passed.

READ A FIRST AND SECOND TIME THIS 26th day of April, 2012.

READ A THIRD TIME AND FINALLY PASSED THIS 14th day of MAY, 2012.

File Attachment Icon
eep52300.pdf