Loading...
2005-133 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2005-133 Being a By-law Respecting Smoking in Public Places in the Township of Oro-Medonte and to Repeal By-Law No. 2002-115 WHEREAS Section 115 of the Municipal Act, 2001, S.D. 2001, c.25, as amended, authorizes a municipality to pass a by-law to prohibit or regulate the smoking of tobacco and the carrying of lighted tobacco products in public places within the municipality and to designate public places; AND WHEREAS it has been determined that second hand tobacco smoke (exhaled smoke and the smoke from idling cigarettes, cigars and pipes) is a health hazard or discomfort for many inhabitants of the Township of Oro-Medonte; THEREFORE the Council of the Township of Oro-Medonte enacts as follows: 1. DEFINITIONS In this by-law: (a) Ashtray: means a receptacle for tobacco ashes and for cigar and cigarette butts; (b) Council: means the Council of the Township of Oro-Medonte; (c) Inspector: means a person appointed or contracted by Council to enforce this by-law; (d) Person: includes a corporation; (e) Proprietor or Other Person in Charge: means the person who controls, governs or directs the activity carried on within the premises designated as prohibited areas under this by-law and includes the person who is actually in charge thereof at any particular time; (f) Public Building: means any building or group of buildings to which the public has access; (g) Public Facility: means any hall, room, or banquet area that is publicly owned and is rented for an event or function; (h) Public Place: means the whole or part of an indoor area to which the general public is invited or permitted access and includes public transportation; (i) Public Portion: means the indoor area of any building to which the public has access; (j) Public Transportation: means a vehicle licensed for the purpose of transporting the public; (k) Smoke or Smoking includes the carrying of a lighted cigar, cigarette, pipe or any other lighted smoking equipment; and (I) Township: means the Township of Oro-Medonte. 2. GENERAL PROHIBITIONS 2.1 No person shall smoke in any public place designated under Section 2 of this by- law. 2.2 The following are designated public places for the purposes of this by-law: (a) public building (b) public facility (c) public portion of a building (d) public transportation 3. SIGNS 3.1 The proprietor or other person in charge of any public place designated or regulated under this by-law shall ensure that a sufficient number of signs as prescribed by Section 3.2 are conspicuously posted so as to clearly identify that smoking is prohibited and shall ensure that: (a) signs are posted at every entrance to a public building, which are visible and in sufficient numbers, clearly indicating that smoking is prohibited in the public building, and (b) signs referred to in clauses (a) are in accordance with Section 3.2. 3.2 (1) The signs referred to in this by-law shall consist of graphic symbols that comply with the provisions of this section. (2) The following graphic symbol shall be used to indicate the areas where smoking is prohibited pursuant to this by-law: on a white background with the circle and the interdictory stroke in red. (3) The graphic symbol referred to in subsection (2) shall include the text "Township of Oro-Medonte By-law" in letters and figures at least five (5%) percent of the diameter of the circle in the symbol. (4) To the symbols referred to in subsection (2) there may be added additional appropriate symbols such as directional arrows. (5) Despite the fact that the symbol referred to in subsection (2) is a cigarette, it shall include a lighted cigar, cigarette, pipe or any other lighted smoking instrument. (6) With respect to size of the graphic symbol, the diameter of the circle of the symbol referred to in subsection (2) shall be not less than ten centimeters (10cm). (7) Deviations from the colour or content of the signs prescribed by this section that do not affect the substance or that are not calculated to mislead do not vitiate the signs. Any sign prohibiting smoking that refers to a by-law of an old municipality is deemed to be referring to this by-law. (8) 4. ASHTRAYS The proprietor or other person in charge of a public place regulated under this by-law shall ensure that no ashtrays are placed or allowed to remain in any public place where smoking is prohibited pursuant to this by-law. 5. COUNCIL-APPROVED POLICIES 5.1 Council-approved non-smoking policies with respect to the Township's buildings are deemed to be specified within this by-law. 5.2 No person shall smoke in any area designated as an area where smoking is prohibited by any Council-approved policy referred to in Section 5.1. 6. DUTIES No proprietor or other person in charge of a public place shall permit smoking where smoking is prohibited under this by-law. 7. OFFENCES 7.1 Any person who contravenes any of the provisions of this by-law is guilty of an offence. 7.2 Any person who hinders or obstructs an inspector lawfully carrying out the enforcement of this by-law is guilty of an offence. 8. FINES Every person who is convicted of an offence pursuant to this by-law is liable to a fine of not more than Five Thousand Dollars ($5,000.00) as provided for in the Provincial Offences Act, R.S.O. 1990, Chap. P.33. 9. ENFORCEMENT 9.1 The provisions of this by-law respecting the designation of non-smoking areas, the posting of signs and the duties imposed on the proprietor or other person in charge of a public place shall be enforced by inspectors. 9.2 An inspector may, at any reasonable time, enter any designated public place for the purposes of determining compliance with this by-law. 10. CONFLICTS If a provision of this by-law conflicts with an Act or a regulation or another by-law, the provision that is the most restrictive of smoking shall prevail. 11. SEVERABILITY If any section or sections of this by-law or parts thereof are found in any court of law to be illegal or beyond the power of Council to enact, such section or sections or parts thereof shall be deemed to be severable and all other sections or parts of this by-law shall be deemed to be separate and independent therefrom and to be enacted as such. 12. REPEAL That By-Law No. 2002-115 be repealed in its entirety. 13. EFFECTIVE DATE This by-law shall come into force and effect on the date of passing thereof. 14. SHORT TITLE This by-law may be cited as the "Smoking in Public Places" By-law. BY-LAW READ A FIRST AND SECOND TIME THIS 7TH DAY OF DECEMBER, 2005. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 7TH DAY OF DECEMBER, 2005. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE -~ <:).}t...A M{iyor, J. Neil Craig PROWNC~LOFFENCESACT PART I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the attached schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-law No.2005-133, for the Corporation of the Township of Oro-Medonte, attached hereto is the set fine, for those offences. This Order is to take effect February 27, 2006. DATED at Newmarket this 2th day of February, 2006. John A. Payne Regional Senior J stice Central East Regi n By-law No. 2005-133 A By-law Respecting Smoking in Public Places in the Township of Oro-Medonte "Smoking in Public Places By-law" Item 1 Short Form Wording Provisions Creating Set Fines or DefininQ Offence 1 Smoke in public buildinQ Section 2.2(a) $175 2 Smoke in public facilitv Section 2.2(b) $175 3 Smoke in public portion Section 2.2(c) $175 4 Smoke in public Section 2.2{d) $175 transDortation 5 Proprietor/person in charge Section 3.1 $175 fail to ensure signs conspicuouslv oosted 6 Proprietor/person in charge Section 3.1 (a) $175 fail to post signs at every entrance 7 Proprietor/person in charge Section 4 $175 fail to remove ashtrays 8 Proprietor/person in charge Section 6 $175 permit smoking in public place NOTE: The general penalty provision for the offences listed above is Section 8 of By-law 2005-133, a certified copy of which has been filed.