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The Corporation of the Municipality of Brighton
By-Law No. 007-2014
Being a By-Law to regulate and prohibit all tobacco use on
municipally owned parkland property in the Municipality of Brighton
Whereas, the Council of the Municipality of Brighton wishes to prohibit tobacco
smoking and limit the impact of all tobacco use on persons using the Municipality's
parks and recreational properties, particularly for the benefit of young people, for
the health of the public generally, to protect, and enhance the quality and use of
Municipal property, and to improve the environmental and social conditions on
Municipal parkland properties, through a by-law which prohibits all uses of tobacco;
And Whereas, Section 115 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, authorizes the council of local municipalities to pass by-laws to prohibit or
regulate the smoking of tobacco in public places and workplaces;
And Whereas, it is desirable for the health, safety, and well-being of the citizens of
the Municipality of Brighton to provide for regulating tobacco products, smoking, and
second hand smoke, for the better protection of persons from conditions injurious to
health in accordance with the provisions of both this by-law, and the Smoke-Free
Ontario Act;
Now Therefore the Council of the Corporation of the Municipality of Brighton
enacts as follows:
Part 1: Definitions
For the purpose of this by-law, the following definitions and interpretations shall
apply:
1.1.
Tobacco product means tobacco in any processed or unprocessed form,
that may be smoked, inhaled or chewed, including snuff, but does not apply
to products intended for use in nicotine replacement therapy.
1.2.
Parkland property means any park or common area owned or leased and
maintained by the Municipality of Brighton for the purpose of recreational
use. This shall include any playground equipment, sport field and playground
area including, but not limited to, soccer pitches, baseball diamonds, tennis
courts, players benches, spectators areas, beaches, splash pads, dog parks,
skate parks. This also includes any children's playground equipment,
including, but not limited to, swing sets and climbing apparatus, including the
surrounding playground equipment area owned or leased by the Municipality.
Part 2: Prohibitions
2.1
No person shall use any tobacco product on, or in, any municipally owned
parkland property.
2.2
No person shall use any tobacco product in any building owned by the
Municipality of Brighton.
2.3
No person shall smoke, or chew tobacco, or hold lighted tobacco within a
nine (9) metre radius of any of the following:
a) Any public skatepark, playground, beach, wading pool or splash pad, or
sportsfield, including spectator areas, bleachers, and players' benches.
By-Law No. 007-2014
Page 2 of 2
Part 3: Signage
3.1
The Municipality of Brighton shall ensure that a sufficient number of signs are
conspicuously posted to clearly identify that smoking, and other tobacco use,
is strictly prohibited.
Part 4: Exception
4.1
Smoking undertaken as part of a religious ceremony or as part of a cultural
activity by a bona fide Aboriginal group is permitted as an exception.
Part 5: Offences and Penalties
5.1
Any person violating any of the provisions of this by-law is guilty of an
offence and upon conviction shall be liable to a penalty pursuant to the
Provincial Offenses Act.
5.2
Each day a contravention continues may be deemed to be a separate
offence.
Part 6: Conflicts, Severability and Enactment
6.1
Subject to subsection 13 of the Smoke Free Ontario Act, 1994, S.O. 1994, c.
10 (the Act), in the event of a conflict between the provisions of sections 9
and 10 of the Act, and this By-Law, the provision which is more restrictive of
all tobacco use shall prevail.
6.2
Should a court declare a part or whole of any provision of this By-Law to be
invalid, or of no force and effect, the provision, or part, is deemed severable
from this By-Law, and it is the intention of Council that the remainder
survive, and be applied and enforced, in accordance with its terms to the
extent possible under the law.
Part 7: Review
7.1
Council shall review this by-law every five years.
Part 8: Effective Date
8.1
This by-law shall come into force and take effect on May 1, 2014.
Read a first, second and third time and finally passed this 3rd day of March, 2014.
Original signed by:
Mark A. Walas, Mayor
Original signed by:
Gayle J. Frost, CAO/Clerk