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THE CORPORATION OF THE TOWNSHIP OF CENTRAL MANITOULIN
By-law Number 2001-07
BEING A BY-LAW TO FOSTER COMMUNITY HEALTH
AND WELL-BEING BY LIMITING THE EMISSION OF
SECOND-HAND TOBACCO SMOKE
IN PUBLIC PLACES
WHEREAS it has been recognized that environmental tobacco smoke (exhaled smoke and the
smoke from idling cigarettes, cigars or pipes), also known as second-hand smoke, is a health
hazard because of its adverse effects and risk to the health and well-being of the residents and
workers in the Township of Central Manitoulin;
AND WHEREAS the residents and workers in the Township of Central Manitoulin have a
fundamental right to live, work and enjoy community amenities in the absence of environmental
tobacco smoke in public places;
AND WHEREAS this may be accomplished by providing for the prohibiting or limiting of
smoking and second-hand smoke in accordance with the provisions of this By-law;
NOW THEREFORE the Council of the Township of Central Manitoulin enacts as follows:
DEFINITIONS
1. "Enclosed Public Place" means an enclosed indoor area or vehicle that offers ready access
or transport to the public.
SMOKING IN ENCLOSED PUBLIC PLACES
2. The following provisions shall regulate where smoking is prohibited under this By-law;
(1) No person shall smoke or hold lighted tobacco in any enclosed public place, including
Taxicabs or Limousines, unless otherwise exempted under this By-law.
(2) Where a permitted area for smoking has been designated under this By-law, smoking
shall be permitted in that designated area.
LIMITATION ON DESIGNATED SMOKING AREAS
3. Effective on the designated dates listed below for specified classes of enclosed public
places, a proprietor of such facility may designate not more than the specified percentage of
the total indoor seating as a permitted area for smoking, if the criteria in Section 5 are met.
Classification - Enclosed Public Place
May 31, 2001
(1) Eating Establishments and Bars:
50% smoking
(2) Billiard Halls
50% smoking
(3) Community Centres 50% smoking
PRIVATE FUNCTIONS
4. Despite any other provision of this By-law the following shall apply:
( 1 ) where a building is owned by the municipality and a function is taking place in the said
building and is sponsored by the municipality or an agent of the municipality, no
smoking shall be permitted unless the public building is a Community Centre in which
case Section 3 ( 3 ) shall apply; and
( 2 ) where a building is owned by the municipality and rented to a private individual or
organization that is not an agent of the municipality, smoking shall be at their
discretion ; and
( 3 ) a Proprietor ( business owner ) of an Enclosed Public Place may permit unrestricted
smoking when the facility or portion thereof is used for a private function.
PERMITTED AREA FOR SMOKING
5. An area designated under this By-law as a permitted area for smoking:
(1) shall be comprised of seats that are contiguous to each other; and
(2) shall not be located in the centre of an indoor space, or a waiting area within an
establishment; and
(3) shall be identified with signs posted in accordance with Section 7.
RESPONSIBILITIES OF OWNERS AND PROPRIETORS
6. Every Owner and Proprietor shall:
(1) ensure that "No Smoking" signs are conspicuously posted so that the signs are clearly
visible in all areas where smoking is prohibited under this By-law; and
(2) ensure that ashtrays and other articles used in connection with smoking are not present
in areas where smoking is prohibited under this By-law; and
(3) inform any person who is smoking in a prohibited area that smoking in that area is
prohibited; and
No Owner or Proprietor shall permit a person to smoke in a place where smoking is
prohibited under this By-law.
SIGNS
7. A "No Smoking" sign which is required to be posted under this By-law shall:
(1) carry the text "No Smoking"
(2) consist of two (2) contrasting colours, or with lettering in contrast to the background
colour; and
(3) have letter heights that render the sign clearly visible and readable, based on the
maximum viewing distance (in direct line of sight) in the area where smoking is
prohibited.
INSPECTIONS
8. Will be carried out by the Municipal By-law Enforcement Officer upon receiving either a
verbal or written complaint.
PENALTY
9. Shall apply to any owner or Proprietor who permits a person to smoke in a place where
smoking is prohibited under this By-law and/or to any individual who smokes in a place
where smoking is prohibited under this By-law and shall be subject to a penalty up to a
maximum of $ 1,000.00 for each violation.
EFFECTIVE DATE
10. This By-law shall come into effect on the 31st day of May, 2001.
READ A FIRST, SECOND, THIRD TIME AND PASSED THE DAY OF , 2001
_________________________________ _____________________________
REEVE CLERK
I, Mark Read, Clerk of the Township of Central Manitoulin, do hereby certify, that the
foregoing is a true copy of by-law number 2001-07, passed by the Council of the
Township of Central Manitoulin on the _____________ day of ___________, 2001.
____________________________
CLERK