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PROTECTION FROM SECOND-HAND
SMOKE BY-LAW
1. This Bylaw shall be known as the Protection from Second-hand Smoke By-law.
Background
2. The Municipal Government Act, in Section 172(1)(a), (c) and (d) authorizes a Council to
make By-laws for municipal purposes respecting the health, well-being, safety and
protection of persons; persons and activities in public places and places open to the
public; and nuisances, including burning, odours and fumes.
Interpretation
3. In this By-law:
a. "grounds of a town building" means the outdoor part of any lot containing a
building owned by the town, and any sidewalk immediately adjacent to the lot.
b. "playground" means any park or recreational area designed in part to be used
by youth that has play or sports equipment installed or has been designated
or landscaped for play or sports activities, or any similar facility located within
the town.
c. "smoke or smoking" means to inhale, exhale, burn or have control over a
lighted cigarette, cigar, pipe, hooka pipe, or other lighted smoking implement
designed to burn or heat tobacco or cannabis any other weed or substance
for the purpose of inhaling or tasting of its emissions, but does not include
using or having control over nicotine replacement products approved for use
by Health Canada.
d. "street" means a public or private street, highway, road, lane, sidewalk,
thoroughfare, bridge, square and the curbs, gutters, culverts and retaining
walls in connection therewith.
e. "town property" means real property owned or leased by the town, directly or
through the medium of a board or commission, including the Berwick Electric
Utility, and any motor vehicle owned or leased by the town, directly or through
the medium of a board or commission, including the Berwick Electric Utility.
Prohibition
4. No person shall smoke in any of the following places:
a. a park or playground on town property;
b. an outdoor recreational facility on town property, including but not limited to
a sports field, grandstand, seating area or bleacher;
c. the grounds of a town building, except within designated smoking areas;
d. the grounds of an event on town property that is open to the public, including
but not limited to a festival, market or concert, whether admittance to the
event is gratis or for a fee;
e. a trail or path on town property or property the town is licensed to maintain;
f.
any street or sidewalk;
g. in or at a bus stop or shelter, or within four (4) meters of a bus stop or shelter.
Offence and Penalty
5. Anyone who violates any section of this by-law is guilty of an offence and is liable, on
summary conviction, to a fine of not more than two hundred dollars ($200.00).
Severability
6. In the event that any provision of this by-law becomes or is declared by a court
of competent jurisdiction to be illegal or unenforceable, the remainder of this
by-law will continue in full force and effect.
Force and Effect
7. This bylaw has effect from and after October 4, 2018.
Enacted: September 01, 2016
REVISED: October 4, 2018