By-law No. 44-16 (Smoking/Vaping), as amended by By-law 64-19
Hearst, Ontario
· adopted 2016-05-10
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## THE CORPORATION OF THE TOWN OF HEARST
## BY-LAW NO. 44-16
as amended by By-law No. 64-19
| | Being a by-law to prohibit smoking within 9 metres of entranceways of municipal buildings | Being a by-law to prohibit smoking within 9 metres of entranceways of municipal buildings |
|-----------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| | WHEREAS Section 10 of the Municipal Act, S.O. 2001, c. 25, as amended, authorizes a municipality to adopt by-laws respecting the health, safety and well- being of persons, and | WHEREAS Section 10 of the Municipal Act, S.O. 2001, c. 25, as amended, authorizes a municipality to adopt by-laws respecting the health, safety and well- being of persons, and |
| | WHEREAS Section 115 of the Municipal Act, S.O. 2001, c. 25, as amended, authorizes a municipality to adopt a by-law regulating smoking of tobacco in public places and workplaces, | WHEREAS Section 115 of the Municipal Act, S.O. 2001, c. 25, as amended, authorizes a municipality to adopt a by-law regulating smoking of tobacco in public places and workplaces, |
| | WHEREAS smoking at entranceways of public buildings exposes the general public to second-hand smoke which is known to be a health hazard, | WHEREAS smoking at entranceways of public buildings exposes the general public to second-hand smoke which is known to be a health hazard, |
| | NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF HEARST HEREBY ENACTS THAT: | NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF HEARST HEREBY ENACTS THAT: |
| | | 1. DEFINITIONS |
| | 1.0 | In this by-law, |
| | | "entranceway" means areas within a nine meter radius of any door through which access is gained to a municipally-owned building; |
| B-L 64-19 | 1.1 "No Smoking/No Vaping Sign" shall mean a sign of at least 10 centimeters in diameter showing an illustration of a black e-cigarette and of a lit cigarette on a white circle surrounded by a red border, and a red diagonal stroke of the same width crossing over the e-cigarette and the lit cigarette from the upper left to the lower portion of the circle, or as designed and/or prescribed by the Smoke Free Ontario Act; | 1.1 "No Smoking/No Vaping Sign" shall mean a sign of at least 10 centimeters in diameter showing an illustration of a black e-cigarette and of a lit cigarette on a white circle surrounded by a red border, and a red diagonal stroke of the same width crossing over the e-cigarette and the lit cigarette from the upper left to the lower portion of the circle, or as designed and/or prescribed by the Smoke Free Ontario Act; |
| | 1.2 | "municipally-owned building" means any building owned by the Corporation of the Town of Hearst; |
| | | 1.3 "person" includes a corporation; |
| | 1.3 | "smoke" or "smoking" includes the carrying of a lighted cigar, cigarette, pipe or any other lighted smoking equipment; |
| | 1.4 | "Town" means the Corporation of the Town of Hearst; |
| B-L 64-19 | | "vape" or "vaping" include any of the following: B) Holding or exhaling wavin from aro dear act greetectronic cigarette. |
| | 2. | SMOKING/VAPING IN ENTRANCE WAYS OF MUNICIPAL BUILDINGS |
| B-L 64-19 | 2.1 | a munsopal-ol med Bur vag, within minute meters red in france ay to appended hereto. |
| | 3. | SIGNAGE |
| B-L 64-19 | 3.1 | The Town shall post No Smoking/No Vaping Signs as necessary in a conspicuous manner at each entranceway to any municipally-owned building to indicate that smoking or vaping within nine (9) meters of that entranceway is prohibited. |
## ENFORCEMENT
- This by-law may be enforced by a By-law Enforcement Officer, an Ontario Provincial Police Officer or an Officer of Health.
- No person shall hinder or obstruct, or attempt to hinder of obstruct, any person who is exercising a power or performing a duty under this by-law.
## 5. PENALTY
- 5.1 Every person who contravenes any provision of this by-law is guilty of an offence and on conviction is liable to a fine, exclusive of costs, as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33.
## 6. CANCELLATION OF FORMER BY-LAWS
- 6.1 That By-laws No. 1153, 29-82b, 56-83, 89-87, 59-95, 18-96b, 22-97, 1497, 19-02, 16-03, 35-03 and 26-08 be hereby repealed.
READ AND PASSED IN OPEN COUNCIL THIS 10TH DAY OF MAY, 2016.
Signed Roger Sigouin
MAYOR
Signed Janine Lecours
CLERK
## MUNICIPALLY OWNED PROPERTIES
1. Claude Larose Recreation Centre - 1008 Edward Street
2. Child Care Centre - 1100 Edward Street
3. Water Filtration Plant - 1215 Edward Street
4. Town Hall - 925 Alexandra Street
5. Public Works Garage - 416 George Street
6. Gilles Gagnon Welcome Centre - 523 Highway 11 East
7. Hearst Power Distribution - 603 Kitchener Street
8. Fire Hall - 1100 Front Street
9. René Fontaine Municipal Airport - John's Lake Road
10. Heritage Sawmill Marketplace - 830 Front Street
11. Foyer des pionniers - 67 Fifteen Street