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By-Law Number 1228
Page 1 of 4
The Corporation of the Town of Essex
By-Law Number 1228
Being a by-law to prohibit smoking on any
property owned or leased by the Town of
Essex
Whereas Section 115 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides
municipalities the authority to pass by-laws prohibiting or regulating the smoking of
tobacco in public places;
And Whereas it has been determined that smoking and the inhalation of second hand
smoke is a health hazard for persons;
Now therefore be it resolved that the Council of The Corporation of the Town of Essex
enacts as follows:
1.
Definitions
In this by-law:
"Council" means the Council for the Corporation of the Town of Essex;
"Designated Smoking Area" means a space located on municipally owned or
leased property which has been designated by the Town of Essex with signage
and smoking disposal equipment to permit smoking away from areas where
persons, particularly youth, congregate or travel;
"Municipality" means the Corporation of the Town of Essex;
"Officer" means a Provincial Offences Officer designated under the Smoke-
Free Ontario Act from the Windsor Essex County Health Unit, a By-Law
Enforcement Officer, Police Officer, or any other person appointed by Council
to enforce the By-Laws of the Municipality;
"Smoke or Smoking" means the carrying of a lighted cigar, cigarette, pipe or
any other lighted or heated smoking equipment used to smoke or vaporize any
tobacco or non-tobacco substance;
"Temporary Designated Smoking Area" means a space located on
municipally owned or leased property which has been temporarily designated
by the Town of Essex with signage and smoking disposal equipment to permit
smoking during a special event, fair, community gathering, etc.
By-Law Number 1228
Page 2 of 4
2.
Prohibition
No person shall smoke, engage in smoking or carry any other lighted smoking
equipment or product on any property owned or leased by the Town of Essex,
excluding:
a) municipal roads;
b) municipal roadside sidewalks; and
c) areas designated for smoking by the Town of Essex, including Temporary
Designated Smoking Areas.
3.
Obstruction
No person shall hinder or obstruct an Officer in the enforcement of this By-Law.
4.
Offence and Penalty
Any person who contravenes any of the provisions of this By-Law is guilty of an
offence, and upon conviction, shall be liable to a fine pursuant to Part 1 of the
Provincial Offences Act and Schedule "A" of this By-Law.
5.
Enforcement
This By-Law shall be enforced by Provincial Offences Officer designated under
the Smoke-Free Ontario Act from the Windsor Essex County Health Unit, By-
Law Enforcement Officer, Police Officer, or any other person appointed by
Council to enforce the By-Laws of the Municipality;
6.
Conflicts
If a provision of this By-Law conflicts with an Act or a Regulation, the provision
that is most restrictive of smoking shall prevail.
7.
Severability
If a court of competent jurisdiction should declare any section or part of a
section of this By-Law to be invalid, such section or part of a section shall not
be construed as having persuaded or influenced Council to pass the remainder
of the by-law and it is hereby declared that the remainder of the By-Law shall
be valid and shall remain in force.
By-Law Number 1228
Page 3 of 4
8.
Effective Date
This By-Law shall come into force and take effect on April 1, 2015.
9.
The headings in this By-Law are for convenience only and do not form part of
this By-Law.
10.
By-Law Number 1329 is hereby repealed.
Read a first and a second time on October 6, 2014.
______________________________
Mayor
______________________________
Clerk
Read a third time and finally passed on_______________________.
______________________________
Mayor
______________________________
Clerk
By-Law Number 1228
Page 4 of 4
Schedule "A" to By-Law Number 1228
A By-Law to to prohibit smoking or the carrying of any other lighted smoking equipment or product on any
property owned or leased by the Town of Essex.
Set Fine Schedule - Part 1 Provincial Offences Act
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision Creating or
Defining Offence
COLUMN 3
Set Fine
1.
Smoke, engage in smoking or carry any other lighted smoking equipment or product on any
property owned or leased by the Town of Essex
Section 2
$300.00
Note: The general penalty provision for the offences listed above is section 4. of By-Law Number 1228, a certified copy of which has been filed.