By-law No. 11-080, To Prohibit Smoking within City Parks and Recreation Properties
Hamilton, Ontario
· adopted 2011-03-09
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Authority:
Item 4, Board of Health Committee
Report: 11-002 (BOH07034(e)
CM: March 9, 2011
Bill No. 080
CITY OF HAMILTON
BY-LAW NO. 11-080
To Prohibit Smoking within City Parks and Recreation Properties
WHEREAS Council wishes to prohibit tobacco smoking and limit the impact of
tobacco smoke on persons using the City's parks and recreational properties,
buildings and structures, particularly for the benefit of young persons, for the
health of the public generally, to protect and enhance the quality and use of City
property, and to improve the environmental and social conditions on City
properties, buildings and structures through a by-law which prohibits the smoking
of tobacco;
AND WHEREAS Council intends to provide for enforcement and to allow
prohibitions of use or entry to City property where persons fail to comply with the
by-law;
AND WHEREAS the City has the capacity, rights, powers and privileges of a
natural person, and may pass by-laws for prohibiting or regulating, for purposes
considered necessary or desirable including the use and protection of public
assets, social and environmental purposes, the delivery of services, and for the
health, safety and well-being of persons under the authority of Municipal Act, R.
S. O. 1990, c. M.45, including but not limited to sections 8, 9, 10 and 115.
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
To Prohibit Smoking within City Parks and Recreation Properties
Page 2 of 5
DEFINITIONS AND INTERPRETATION
1.(1) In this By-law the following terms have the prescribed meanings unless
the context otherwise requires:
(a)
"authorized staff" means a Tobacco Enforcement Officer or any
staff of the City whose duties include those provided for or
assigned under this By-law, and shall include a police officer, a
Director or the Medical Officer of Health;
(b)
"Director" means the Senior Director of Recreation or the Director
of Environmental Services, and includes a person acting in their
capacity during absence or illness, and their designate for the
purposes of this By-law;
(c)
"Medical Officer of Health" means the officer appointed to such
position by the City of Hamilton, their deputy, and their designate
for the purposes of this By-law;
(d) "police officer" includes an officer of the Hamilton Police Service;
(e)
"recreation property" means a park or place owned or operated by
the City of Hamilton for recreational purposes including without
limiting the generality of the foregoing a leash-free dog park, pool,
recreation center, playground, skate-board park, beach, arena,
stadium, sports or playing field, and the list of property, addresses,
places and areas in Schedule "A" attached to and forming a part of
this By-law, but does not in any case include a highway;
(f)
"smoking tobacco" includes the holding of tobacco while the
product is alight or emitting smoke, and the verb "smoke" shall
include a similar meaning;
(g)
To Prohibit Smoking within City Parks and Recreation Properties
Page 3 of 5
"sports field" means a soccer pitch, baseball diamond, tennis court,
lawn bowling or football field, and includes their related spectating
and players areas and structures; and
(h)
"tobacco" includes pipe tobacco, water-pipe tobacco, cigarettes,
cigars, cigarillo's or any similar product made with or containing
tobacco.
1.(2)
Subject to subsections (3) and (4), for the purposes of interpretation, a
park or recreation property includes all indoor and outdoor areas,
buildings and structures on the park or property including those parts
covered by water or which are located within the abutting road
allowances, and includes the internal trails, paths, walkways, parking, lots
and lanes for vehicular or pedestrian use, specifically including both public
and restricted access portions of such property, and further this By-law
applies to a person while they are within or on a vehicle within such areas.
1.(3)
For the purposes of interpretation the term "recreation area" does not
include municipal golf courses including all of their internal playing areas,
trails, walkways, parking lots and lanes, namely; (a) Chedoke Golf
Course, and (b) King's Forest Golf Course, nor does the term include a
City recreational trail outside of the areas listed in Schedule "A".
1.(4)
The use of a portion of a park or recreation property provided for by a
written agreement entered, or written permit granted by the City prior to
enactment of this by-law, which agreement or permit is for the exclusive
use by a private business or to a person for an event, is not subject to this
by-law unless the agreement, permit or permit approval process specifies
that no smoking is allowed, but regardless of the agreement or permit the
Smoke Free Ontario Act, 1994, S. O. 1994, c. 10 applies which Act may
require that no smoking occur on some or all of the property.
To Prohibit Smoking within City Parks and Recreation Properties
Page 4 of 5
PROHIBITION
,
No person shall:
(a)
(b)
smoke tobacco on recreation property;
fail to leave recreation property after authorized staff has given the
person notice or direction to leave for smoking tobacco on
recreation property; or
(c)
enter or use recreation property after authorized staff have
prohibited the persons entry or use for smoking tobacco on
recreation property.
,
The prohibitions in section 2 above apply whether or not a "No Smoking"
sign of any format or content is posted.
ADMINISTRATION AND ENFORCMENT
4.(1)
The Medical Officer of Health is responsible for administration and
enforcement of this By-law, and may appoint delegates or assign duties to
City staff under this By-law.
4.(2)
A Director may appoint such additional staff or delegates at or for
attendance of parks and recreation property for the purposes of this By-
law.
.
City staff who carry out any action under this By-law are deemed to be
authorized staff for the purposes of this By-law, in the absence of
evidence to the contrary.
,
A Director may issue, extend or vary a prohibition of entry or use by a
person on park or recreation property under this By-law, including without
limiting the generality of the foregoing, making such prohibition applicable
to other parks or recreation property or making a prohibition for any term
including for longer than one year, in their absolute discretion.
,
To Prohibit Smoking within City Parks and Recreation Properties
Page 5 of 5
Any person who contravenes a provision of this By-law is guilty of an
offence and upon conviction is liable to a maximum fine of $10,000.00.
CONFLICTS, SEVERABILITY AND ENACTMENT
,
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 smoking shall prevail.
10.
,
Should a court of competent jurisdiction declare a part of 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 law.
This By-law shall come into force and effect on May 31, 2012.
PASSED this 9th day of March, 2011.
R. Bratina R.
Mayor "k