THE CORPORATION OF THE MUNICIPALITY OF GREENSTONE BY-LAW NO

Transcription

1 THE CORPORATION OF THE MUNICIPALITY OF GREENSTONE BY-LAW NO Being a by-law to regulate smoking in all public places where children are permitted. WHEREAS the Municipal Act, S.O Chapter 25, as amended, Section 115 enables the Council of a Municipality to pass a by-law to prohibit or regulate the smoking of tobacco products in public places in the Municipality, AND WHEREAS it has been determined that second-hand tobacco smoke is a nuisance because of its irritating and discomforting properties and is a health hazard because of its impairment, adverse effect and risk to the health of the inhabitants of the Municipality of Greenstone, AND WHEREAS the Medical Officer of Health for the Thunder Bay District Health Unit has declared that second-hand smoke is a serious health hazard, AND WHEREAS it is desirable for the health, safety and welfare of the inhabitants of the Municipality of Greenstone to provide for the prohibiting and abating of secondhand smoke in accordance with the provisions of this by-law, AND WHEREAS a question was placed on the ballot during the 2003 Municipal Elections on which more than 50% of the electors voted, and on which more than 50% of those electors voted in favour of the question banning smoking in public places where children are permitted, AND WHEREAS the Council of the Municipality of Greenstone consequently must pass a no smoking by-law as previously publicized, NOW THEREFORE the Council of the Corporation of the Municipality of Greenstone enacts as follows: Definitions 1. In this by-law: bar shall mean a building or structure or part thereof, in respect of which establishment a liquor sales licence is issued under the Liquor Licence Act and its regulations, and i) which whole or portion is used primarily for the sale and service of liquor for immediate consumption by the public on the premises, ii) in which whole or portion the sale and services of food is incidental to the sale and service of liquor. "bingo hall" shall mean a building, location or premises where the conduct of bingo events is licensed, billiard/pool hall shall mean a building or structure or part thereof where the principle business is the provision of billiard tables for hire or gain, child means any person under the age of 16 years of age, "common area" shall mean that part of any building or structure including a commercial or retail establishment, residential condominium or multiple dwelling unit apartment building, other than a dwelling unit, to which the public may have

2 access, whether as of right or by invitation, express or implied and includes, but is not limited to, a reception area for receiving or greeting customers, clients, patients, guests or other persons, elevators, escalators, hallways, stairwells, foyers, lobbies, laundry rooms, washrooms, and amenity areas, "common areas of enclosed shopping malls" shall mean those areas of the mall that are open to the public and that are not part of a particular retail establishment or other business within the mall, "council" shall mean the Council of The Corporation of the Municipality of Greenstone; dining room is that portion or area within a eating establishment where sit down table service of meals or beverages are provided at any time for on-site consumption, eating establishment shall mean a building, booth, stall or place engaged in the sale and service of food and/or drink whether alcoholic or otherwise is offered for sale to the public for immediate consumption on the premises, and includes a restaurant, café, food court, cafeteria, take out restaurant, ice cream parlour, tea or lunch room, dairy bar, coffee shop, donut shop, snack bar, refreshment room or stand, roadhouse, bar; nightclub, cafeteria, and those portions of a hotel or inn where such sale and service is carried on, enclosed, except as noted, shall mean closed in by a roof or ceiling and walls with appropriate openings for ingress and egress, food court or indoor patio means an area located within a public place that is used in conjunction with a restaurant or take-out eating establishment, where unenclosed seating is provided or where the public consumes meals or refreshments, inspector shall mean any person appointed by the Council of the Municipality of Greenstone as a Municipal By-Law Enforcement Officer, any person appointed by the Minister of Health as a Provincial Offences Officer under the Tobacco Control Act, 1994 or any person appointed by the Minister of Labour as a Provincial Offences Officer under the Smoking in the Workplace Act, or any police officer of the Municipality of Greenstone, gasoline kiosk shall mean a building, booth, stall or enclosed place where goods or services are sold or offered for sale to the public on the premises or an automobile service or gasoline station, long term care facility means a nursing home under the Nursing Homes Act, an approved charitable home for the aged under the Charitable Institutions Act or a home under the Homes for the Aged and Rest Homes Act, municipal building shall mean any building or structure used for municipal purposes, "municipality" shall mean The Corporation of the Municipality of Greenstone, patio means an outdoor area or partially enclosed area in which an employee works that is adjacent to an establishment where food or beverages are sold and where food or beverages are consumed by the public, patron shall mean a customer, client, guest or visitor, not an employee, proprietor shall mean any person who owns or occupies or ultimately controls, governs or directs the activities carried on within a public place, and includes the person actually in charge of the premises, 2

3 public hall shall mean premises, including banquet facilities, licensed by the Municipality of Greenstone, public place shall mean the whole or part of any place designated as a public place under Section 2 of this by-law, public transit vehicle shall mean any vehicle used for transporting the public and includes a school bus and a passenger vehicle used for hire, reception area or lobby shall mean the indoor public space used by an office, establishment, residential building, hotel or inn for the receiving or greeting of customers, clients, residents or other persons dealing with such office, establishment, residential building, hotel or inn, "service line" shall mean a line of two or more persons awaiting service of any kind available to the public, regardless of whether or not such service involves the exchange of money, including but not limited to sales, provision of information, transactions or advice and transfers of money or goods, "smoke or smoking" includes the carrying of a lighted cigar, cigarette, pipe or other lighted smoking, stand up bar shall mean that area in which seating may or may not be provided, where the service of alcoholic beverages for on-site consumption takes place and where sit-down table service of meals or beverages is not generally provided, "video or amusement arcade" shall mean premises to which the public has access and which contain electrical or mechanical machines or devices that may be used for playing games for the entertainment or amusement of the players, Designation of Public Places 2. A public place includes a patio and the whole of an enclosed place or premises to any part of which any person other than the owner or occupier has access as of right or by invitation, either expressed or implied, but does not include a building or portions thereof used exclusively as the dwelling of a single housekeeping unit or private garages and other buildings accessory to such dwelling. General Prohibition 3. No person shall smoke in any public place where children are permitted within the Municipality of Greenstone whether or not a sign prohibiting smoking has been posted., Exceptions 4. Exceptions to this by-law include: Signs a) Outdoor public places (excepting patios). b) Specifically, private residences, and workplaces in private residences where the only employees are persons who live in the residence. c) Designated smoking areas in Long Term Care Facilities. 5. No Smoking signs shall: a) be of sufficient size and conspicuously posted so as to clearly identify that smoking is prohibited within a workplace or area within the workplace, 3

4 b) include a symbol of a cigarette within an interdictory symbol together with the words Municipality of Greenstone By-law, and may include additional wording that does not detract from the message that smoking is not permitted within the workplace place; c) consist of letters and graphic symbol of colour(s), which contrast with the background colour of the sign or the surface to which it is applied. Employer Obligations 6. Notwithstanding any other provisions in this by-law no person shall smoke in a public place where children are permitted whether or not a sign prohibiting smoking has been posted. 7. In the case of long term care facilities, smoking is permitted by residents and employees of those facilities within designated smoking rooms 8. Every employer shall: a) Prohibit smoking where smoking is prohibited under this by-law. b) Post No Smoking signs in accordance with this by-law; and c) Post signs at every entrance to every place where smoking is prohibited under this by-law indicating that smoking is prohibited. d) Any employer who fails or neglects to perform any of the duties imposed by Subsection (1) is guilty of an offence. Proprietor Obligations 9. a) A proprietor shall not permit a person to smoke in a place where smoking is prohibited under this by-law. b) Where smoking is prohibited under this by-law, a proprietor shall ensure compliance with this by-law and shall inform any person who is smoking in a prohibited area that smoking in that area is prohibited. c) A proprietor shall ensure that no ashtrays or like paraphernalia are placed or allowed to remain in the public place. d) Every proprietor shall ensure that No Smoking signs are conspicuously posted and clearly visible in all areas within a public place where there is no smoking and in compliance with the standards set out in this by-law, so as to clearly identify that smoking is prohibited. Signage Requirements 10. Where a "No Smoking" sign is required to be posted under this by-law, the sign shall be in proportions and characteristics as set out in this by-law. 11. Without limiting the generality of Section 9 d) of this by-law, every proprietor of a public place shall ensure that a "No Smoking" sign is posted; a) within any public washroom, b) in every food court or indoor patio area, c) at every entrance to a non-smoking area. 4

5 Offence and Penalty 12. Every person who contravenes any provision of this by-law is guilty of an offence, The Municipal Act, S.O Chapter 25, Section Every person who is convicted of an offence is liable to a fine of not more than Five Thousand Dollars ($5,000.00) exclusive of costs and any other penalty provisions as provided for under the Provincial Offences Act, R.S.O. 1990, c. P.33 as amended. Enforcement 14. An Inspector may: a) at any reasonable time, enter any public place, other than a dwelling unit, for the purpose of determining whether there is compliance with the by-law, b) make such examinations, investigations and inquiries as are necessary to determine whether there is compliance with this by-law. 15. Any person who hinders or obstructs an inspector lawfully carrying out the enforcement of the By-law is guilty of an offence. Conflict 16. 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. Schedules 17. Schedule A to this by-law shall be deemed to form part of this by-law. Severability 18. Should a court of competent jurisdiction declare any section, clause, or provision of this by-law invalid the same shall not affect the validity of the by-law as a whole or any part thereof, other than the part, which was declared to be invalid. Implementation 19. This by-law shall come into force and effect 90 days following the passage of the by-law on March 5, Enacted and passed this 8 th day of December The original By-law is sealed and duly signed by the Mayor and the Clerk of the Municipality of Greenstone and is on file at the Municipal Office in Geraldton, 301 East Street, Geraldton, Ontario P0T 1M0 Michael Power Mayor Deborah B. Stevens Clerk 5

6 SCHEDULE A to BY-LAW EXAMPLES OF PUBLIC PLACES Without limiting the generality of Section 2, the following enclosed places are included within the definition of public places: 1. the common areas of residential, commercial or office buildings 2. a municipal building 3. the common areas of shopping malls 4. a food court 5. an eating establishment 6. a bar 7. a public restroom 8. a public elevator or stairwell 9. the reception or waiting areas of offices, service facilities 10. a bingo hall 11. a bowling centre 12. a cinema 13. a theatre 14. a retail shop 15. a laundromat 16. a barber shop or hairdressing establishment 17. a transit shelter 18. a gasoline kiosk 19. an indoor service line 20. a video or amusement arcade 21. a public hall 22. an enclosed sports facility 23. an entertainment lounge 24. a billiard/pool hall 25. a place of amusement 26. a nightclub 27. a private club. 6