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THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2019-14
Being a By-Law to respect smoking in certain public places in the
Township of Asphodel-Norwood
WHEREAS Section 115 of The Municipal Act, 2001, S.O. 2001, Chapter 25, as
amended, enables a municipality to prohibit or regulate the smoking of tobacco in
public places and workplaces; and
WHEREAS Section 10(2) of the Municipal Act, 2001, S.O. 2001, Chapter 25 as
amended, permits a municipality to pass By-Laws and make regulations for the
health, safety and well-being of persons within the municipality; and
WHEREAS The Smoke-Free Ontario Act, 2017, S.O. 2017, Chapter 26, Sched. 3
as amended, regulates and prohibits the consumption of tobacco and cannabis
products in various locations; and
WHEREAS it has been determined that second hand tobacco smoke is a health
hazard because of its impairment, adverse effect and risk to health, and is a
public nuisance because of its irritating and discomforting properties, to the
inhabitants of the Township of Asphodel-Norwood; and
WHEREAS it is desirable for the health, safety and well-being of the inhabitants
of the Township of Asphodel-Norwood to provide for regulating where people
may use tobacco products, vapour products and cannabis products, in order to
protect persons from conditions injurious to health resulting from smoking and
from second hand smoke in accordance with the provisions of this By-Law.
NOW THEREFORE the Council of the Township of Asphodel-Norwood enacts as
follows:
1. Definitions
Cannabis Product - has the same meaning as in Schedule 1 of
the Cannabis Act s.c. 2018.
Children's Playground and Play Areas - an area that is not an
enclosed public place that is primary used for the purpose of
children's recreation.
Community Recreation Facility - an enclosed public space or
workplace that is owned by the Township of Asphodel-Norwood and
is primarily used for athletic or recreational programs or services to
the community.
Electronic Cigarette (e-cigarette) - means a vaporizer or inhalant
type device that contains a power source and heating element
designed to heat a substance and produce a vapour intended to be
inhaled by the user.
Playground Equipment Zone - means an area that is located
within a playground park which has playground equipment.
Smoke or Smoking - includes the carrying of a lit cigar, cigarette,
pipe or any other smoking equipment including e-cigarettes, vape
devices, and any other appliance or device intended for the
inhalation of cannabis or tobacco products.
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2019-14
Tobacco Product - means tobacco in any processed or
unprocessed form that may be smoked, vaped, inhaled or chewed,
including snuff, but does not apply to products intended for use in
nicotine replacement therapy.
Township - means the Township of Asphodel-Norwood.
Township Trail - means any trail that is owned by the Township of
Asphodel-Norwood.
Vapour Product - means an electronic cigarette, an e-substance,
or any component of an electronic cigarette.
2. General Prohibitions
a) No person shall smoke, hold lighted or consume a tobacco,
cannabis or e-cigarette product within a Twenty (20) meter radius
surrounding any entrance, exit or air intake at any building owned
by the Township including but not limited to the following locations:
i.
Municipal Office and Council Chambers
ii.
Town Hall and Lion's Den
iii.
Medical Centre
iv.
All recreation buildings including: the Asphodel-Norwood
Community Centre
v.
All Libraries
vi.
All Fire Halls
vii.
All Public Works buildings, including the Transfer Station
viii.
All Water and Waste Water buildings
b) No person shall smoke, hold lighted or consume a tobacco,
cannabis or e-cigarette products within a Twenty (20) meter radius
surrounding any outdoor bleachers and player's benches at the
following locations:
i.
JJ Stewart Ball Diamond
ii.
Westwood Park Ball Diamond
c) No person shall smoke, hold lighted or consume a tobacco,
cannabis or e-cigarette products within a Twenty (20) meter radius
surrounding any Playground Equipment Zone at the following
locations:
i.
David McNeill/Carman Metcalfe Playground and Skateboard
Park
ii.
Westwood Park
iii.
Asphodel Park
iv.
Asphodel Heights Park
v.
Norwood Park Playground (Millpond/Helen St.)
vi.
Norwood Lions Park
d) No person shall smoke, hold lighted or consume a tobacco,
cannabis or e-cigarette products within a Twenty (20) meter radius
surrounding any gazebo, beach or shade shelter at the following
locations:
i.
Mill Pond Park
ii.
Asphodel Park
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2019-14
iii.
Asphodel Heights Park
iv.
Community Centre Park
v.
Lion's Park
vi.
Norwood Park Playground (Millpond/Helen St.)
vii.
Township Trails
3. Exceptions
a) This By-Law does not apply to any portion of a public road allowance or
to any private property.
b) This By-law does not apply to traditional use of tobacco that forms part
of Indigenous culture and spirituality as defined in Section 19. of the
Smoke-Free Ontario Act, 2017, S.O. 2017, c. 26, Sched. 3
4. Signs
a) That "No Smoking within a radius of twenty (20) meters per By-Law
2019-14" be posted at all entrances and exits to buildings owned
and operated by the Township.
b) That "No Smoking within a radius of twenty (20) meters per By-Law
2019-14" signs be posted at all outdoor bleachers and player's
benches owned by the Township.
c) That "No Smoking within a radius of twenty (20) meters per By-Law
2019-14" be posted at all Playground Equipment Zones within the
Township.
d) That "No Smoking within a radius of twenty (20) meters per By-Law
2019-14" signs be posted at all open spectator area at sports fields,
public beaches and Township trails within the Township.
5. Enforcement
This By-Law may be enforced by any of the following:
a) Person holding the title of Tobacco Enforcement Officer who is
employed by the Peterborough Public Health Unit:
b) Police Officer; or
c) By-Law Enforcement Officer appointed by the Township
6. Penalty
Every person who contravenes any provisions of this By-Law is guilty of an
offence and is liable to a fine, and such other penalties, as provided for in
the Provincial Offences Act, R.S.O. 1990, c. P. 33, and the Municipal Act
2001, as each may be amended from time to time.
7. Severability
In the event any provision of this By-Law is deemed invalid or void, in
whole or in part, by any court of competent jurisdiction, the remaining
terms and provisions shall remain in full force and effect unless the court
makes an order to the contrary.
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2019-14
8. Duty to Identify
Where a tobacco Enforcement Officer, Police Officer or By-Law
Enforcement Officer has reasonable grounds to believe that an offence
has been committed by a person, they may require the name, address and
proof of identify of that person and the person shall supply the required
information. A failure by the person to supply the required information
constitutes a hindrance or obstruction of the officer.
9. That By-Law 99-14 is repealed
10. Effective Date
This By-Law comes into effect on the date of passage.
Read a first, second, and third time and finally passed on February 12, 2019.
<Original signed by>
___________________________
Rodger Bonneau, Mayor
<Original signed by>
___________________________
Candice White, Clerk