East Zorra-Tavistock, Ontario
· adopted 2015-09-16
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THE CORPORATION OF THE
TOWNSHIP OF EAST ZORRA-TAVISTOCK
COUNTY OF OXFORD
BY-LAW #2015 - 36
BEING A BY-LAW TO PROHIBIT SMOKING AT ANY TOWNSHIP FACILITY
AND TO REPEAL BY-LAW #2012-15
WHEREAS section 115 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality may prohibit or regulate the smoking of tobacco in public
places and workplaces within the municipality and Section 128(1) of said Act provides
that a municipality may prohibit and regulate with respect to matter that in the opinion of
Council are or could be public nuisances;
AND WHEREAS it has been determined that smoking tobacco or tobacco-like products
is a health hazard because of the creation of second-hand smoke, which has adverse
effects of health on the inhabitants residing in or visiting the Township of East Zorra-
Tavistock;
AND WHEREAS the Council of The Corporation of the Township of East Zorra-
Tavistock deems it necessary to repeal By-law #2012-015, as amended.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
EAST ZORRA-TAVISTOCK ENACTS AS FOLLOWS:
1.0
DEFINITIONS AND INTERPRETATIONS
1.1
Definitions and Interpretations in this by-law,
1.2
"Authorized Person" means any individual employed by or authorized by the
Township of East Zorra-Tavistock as a municipal by-law enforcement officer to
enforce this by-law, or any officer of the Ontario Provincial Police.
1.3
"Township" means The Corporation of the Township of East Zorra-Tavistock;
1.4
"Council" means the Township Council of the Corporation of the Township of
East Zorra-Tavistock;
1.5
"Municipal Sidewalk" means a sidewalk intended for pedestrians located between
that portion of a highway intended for the general passage of vehicles and the
lateral property line, but does not include a sidewalk located within the boundary
of a Township owned property;
The Corporation of the Township of East Zorra-Tavistock
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By-law #2015-36
1.6
"Officer" means a Municipal Law Enforcement Officer appointed by Township of
East Zorra-Tavistock municipal Council, a Police Officer and any Public Health
Inspector employed by the County of Oxford who is also duly appointed by the
Minister of Health for the enforcement of the Smoke-Free Ontario Act and
regulations thereto;
1.7
"Outdoors" means any open space which is outside of a facility, building,
structure, premise including any temporary building, structure or part thereof,
whether covered by a roof or not;
1.8
"Person" includes an individual or corporation and shall include the plural where
the context requires. Wherever the word "he" or "him" is used, it shall mean and
include the feminine or neuter gender wherever the context so requires;
1.9
"Playground Equipment" means any kind of structure or apparatus which is
customarily found in a park like setting and which a person may engage in play-
like activities such as climbing, swinging, hanging, crawling, jumping, stepping,
whether over, across, under, through or upon for enjoyment, exercise and/or as
part of relating to others of any age. Without restricting the generality thereof,
playground equipment includes swings, slides, climbing apparatus, facilities
expressly designed for skate boarding;
1.10 "Property" means that which belongs exclusively to the Township of East Zorra-
Tavistock and to which legal rights apply;
1.11 "Smoke or Smoking" includes the carrying of a lighted or heated cigar, cigarette,
pipe, waterpipe or any other equipment used to inhale, exhale, burn or heat any
Smoking Product;
1.12 "Smoking Product" means tobacco or tobacco-like product whose primary
purpose is to be burned or heated to produce vapours, gases or smoke, which
are inhaled, and shall include but is not limited to non-tobacco herbal shisha, and
other plant material or oils intended for inhalation;
1.13 "Spectator Seating Area" means any area designated for the viewing of a sport.
1.14 "Sports Field" means any field and/or land of natural and/or man-made
composition that is used for athletic purposes to conduct organized or
unorganized sporting activities, which includes but is not limited to a baseball
field, soccer pitch, volleyball court, player or spectator bench, ice rink, and lawn
bowling field.
1.15 "Township Facility" means any building, structure or premise to which the
Township holds right of ownership to, including a building, structure or premise
which is leased by the Township,
The Corporation of the Township of East Zorra-Tavistock
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By-law #2015-36
1.16 "Waterpipe" means a device in which the vapours, gases or smoke of a Smoking
Product passes through liquid prior to being inhaled, and shall include but is not
limited to a bong or hookah.
2.0
SMOKING PROHIBITED
2.1
No person shall smoke, or use a smoking product on any Township Facility,
including but not limited to municipal parkland, playground equipment, sports
fields and spectator seating, at all times, whether or not a "No Smoking" sign is
posted.
3.0
EXEMPTIONS
3.1
Notwithstanding Section 2, such prohibition of Smoking shall not apply to:
(a) a municipal sidewalk;
(b) special events within the Township, on a Township Facility, which have
received special permission from the County of Oxford.
4.0
SIGNAGE
4.1
The Township may post and maintain in conspicuous locations at each required
location a sign at least 10 centimetres (4 inches) by 10 centimetres (4 inches) in
size that includes depiction of the international No Smoking symbol, which may
read "No Smoking".
5.0
OFFENCES
5.1
Any person who contravenes any provisions described above shall be guilty of an
offence and upon conviction shall be subject to a fine as prescribed in the
Provincial Offences Act, R.S.O. 1990, as amended.
5.2
Notwithstanding any other provisions of this Part in respect to penalties for violation
of the provisions of this By-law, any person may, upon presentation of an infraction
notice issued by an officer alleging commission of any of the offences under this
By-law set out in Schedule "B", pay out of Court within the time limit specified on the
said infraction notice the penalty set out opposite such offence as indicated in
Schedule "B" to this By-law. Upon such payment no further proceedings shall be
taken under this By-law in respect to the said alleged offence.
5.3 If a voluntary payment is not made in accordance with the procedure provided in
Section 5.2, the procedures of the Provincial Offences Act, or any successor
thereof, shall apply.
The Corporation of the Township of East Zorra-Tavistock
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By-law #2015-36
6.0
ENFORCEMENT
6.1
The provisions of this by-law respecting smoking on Township facilities shall be
enforced by an Officer or authorized person deemed to be an agent of the
Corporation of the Township of East Zorra-Tavistock for the purpose of addressing
unauthorized activity on Township property.
6.2
Any person who observes another person acting in contrary to this by-law may
submit a Smoke Free Ontario Act Witness Statement (which is outlined in Schedule
"A" in this by-law) to the Township Office.
7.0
CONFLICTS
7.1
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.
8.0
SEVERABILITY
8.1
If any section of this by-law or part thereof is found in any court of law to be illegal
or beyond the power of the Municipality to enact, such section or part thereof shall
be deemed to be severable and all other sections or parts of the by-law shall be
deemed to be separate and independent thereof and to be enacted as such.
9.0
REPEAL
9.1
By-law #2012-15, as amended, is repealed in its entirety on January 1, 2016.
10.0 ENACTMENT
10.1 This by-law shall come into force and effect on January 1, 2016.
READ A FIRST AND SECOND TIME THIS ___ DAY of _______________, 2015.
READ A THIRD TIME AND FINALLY PASSED THIS ____ DAY of ____________, 2015.
_____
Maureen Ralph, Deputy Mayor
seal
_____
Will Jaques, Clerk
16
September
16
September
Schedule "A"
By-law #2015 - 36
THE CORPORATION OF THE
TOWNSHIP OF EAST ZORRA-TAVISTOCK
90 LOVEYS STREET, P.O. BOX 100
HICKSON, ONTARIO N0J 1L0
Please fax to: (519) 462-2961, or email to: [email protected]
Attention: Smoke-Free Enforcement
SMOKE-FREE ONTARIO ACT WITNESS STATEMENT
Your Name: ______________________________________
Address: ________________________________________
Phone: __________________________________________
Email: ___________________________________________
Date and Time of Occurrence ____________________________________________
Name of Person you observed smoking in a designated no smoking area __________
_____________________________________________________________________
Do you know the person personally?
Yes
No
If yes, how? _________________________________________________________
If no, how did you identify the person? _____________________________________
___________________________________________________________________
When you witnessed the offence, where were you standing? ___________________
How far away from the person were you? __________________________________
Could you tell the colour of the cigarette filter?
Yes
No
What colour was the filter? _____________________________________________
Could you see the smoke from the cigarette?
Yes
No
If winter, what was the approximate air temperature? _________________________
Are you certain that what you saw was smoke and not expelled breath? Yes No
Could you smell the smoke?
Yes
No
Did it smell like tobacco smoke?
Yes
No
The Corporation of the Township of East Zorra-Tavistock
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By-law #2015-36
Schedule "A" - Cont'd
By-law #2015 - 36
Would you recognize the smell of smoke for another product?
Yes No
How? ___________________________________________________________
________________________________________________________________
Please give any other pertinent information: _____________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
_______________________________________________________________
_____________________
____________________________
Date
Signature
Please be advised that by submitting and signing this Witness Statement, you may be called
upon to present evidence in court should this matter result in charges or proceed to trial.
Schedule "B"
By-law #2015 - 36
Part I Provincial Offences Act
Item
Short Form Wording
Provision Creating or
Defining Offence
Set Fine
1.
Smoking on any
Township Facility
Section 2.1
$150.00
Note: The general penalty provision for the offences listed above is Section 5.0 of By-
law #2015 - 36, a certified copy of which has been filed.
Set Fines Approved November 12, 2015 by Ontario
Court of Justice.