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THE CORPORATION OF THE TOWN OF INNISFIL
BY-LAW NO. 078-22
A By-law of The Corporation of the Town of Innisfil to Prohibit
Smoking and Use of Tobacco Products at all designated
Town of Innisfil Outdoor Sports and Recreational Facilities
and to repeal By-law 111-13 and all amendments.
WHEREAS, the Municipal Act, 2001, Subsections 11, 115, 425 and 426 as may be amended
from time to time authorizes the Council of a municipality to pass a By-Law regulating smoking,
use of chewing tobacco and use of tobacco products in public places within the municipality and
designating public places or workplaces or classes or parts of such spaces as places in which
smoking tobacco, hold lighted tobacco or use of any tobacco product or nicotine delivery device
is prohibited;
AND WHEREAS it has been determined that environmental tobacco smoke generated from the
side stream of a cigarette, pipe, cigar or from any other nicotine device or from the exhaled
mainstream of a cigarette, pipe, cigar or from any other nicotine device, and inhaled involuntarily
or passively by someone who is not smoking, also known as second-hand smoke, poses a
serious health hazard to the residents, visitors and workers of the Town of Innisfil;
AND WHEREAS it is desirable for the health, safety, and welfare of the residents, visitors and
workers of the Town of Innisfil to prohibit smoking and second-hand smoke in designated public
playing fields and recreational spaces in accordance with the provisions of this By-Law;
NOW THEREFORE, the Council of The Corporation of the Town of Innisfil enacts as follows:
1.
DEFINITIONS
1.1
"Second-hand smoke" means
i. exhaled smoke.
ii. smoke from an idling cigarette cigar, pipe or any other nicotine delivery device
or any other tobacco using or constructed device.
1.2
"Tobacco product" means tobacco in any processed or unprocessed form that
may be smoked, inhaled or chewed, including snuff and snus.
1.3
"Nicotine delivery device" means any product which when smoked causes
nicotine to permeate the environment without restriction, and includes electronic
nicotine devices such as e-cigarettes.
1.4
"Smoke or Smoking" includes the carrying of a lighted cigar, cigarette, pipe or
any other lighted smoking equipment or product, including but not limited to
electronic cigarettes or other nicotine delivery devices.
1.5
"Park" means any Town owned and/or operated parkland, open space, parkette,
green space, waterfront, trail, walkway and pathway. This includes any vehicle
parking areas associated with the parkland maintained by the Town.
1.6
"Playground Equipment Zone", means an outdoor area that is located within a
playground park;
ORIGINAL
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By-Law 078-22
"Outdoor Smoking By-Law"
1.7
"Public Playing Field and Recreation Spaces", means field(s) and/or land(s),
of natural and/or man-made composition that are used for athletic purposes to
conduct organized or unorganized sporting activities to include but not limited to
baseball diamonds, soccer fields, tennis courts, and associated outdoor field,
outdoor ice rink, splash pads, gazebos, picnic shelters, skateboard park, public
beaches, waterfront trail and amphitheatre.
1.8
"Spectator Seating Area" means an outdoor area with tiered seating or
benches used for the viewing of athletic events, or other organized or
unorganized sporting events.
1.9
"Town" means the Corporation of the Town of Innisfil.
1.10
"Property" means that which belongs exclusively to the Town of Innisfil and to
which legal rights apply.
2. PROHIBITIONS:
2.1
No person shall Smoke, hold lighted Tobacco, use any Tobacco products or any
nicotine delivery device within a twenty-metre radius of the perimeter of a:
(a)
Playground Equipment Zone;
(b)
Public Playing Field and Recreation Spaces;
(c)
Spectator Seating Area;
2.2
The prohibitions in section 2.1 above shall apply whether or not a "Smoke Free
and/or Tobacco Free" sign of any format or content is posted.
3. SIGNS:
3.1
No person shall remove, cover up or alter any "Smoke Free and/or Tobacco
Free" or other related sign which has been posted.
4. EXEMPTIONS
4.1 This By-law does not apply to:
a) Notwithstanding Section 2 above, such prohibition shall not apply to those areas
specified as Designated Smoking Areas (DSA).
5. ENFORCEMENT:
The provisions of this by-law may be enforced by a Police Officer or a Municipal Law
Enforcement Officer.
6.
OBSTRUCTION
No person shall hinder or obstruct an officer in the enforcement of this bylaw.
7. OFFENCE/PENALTIES:
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7.1 Any person who contravenes any of the provisions under this by-law is guilty of an
offence and upon conviction is liable to a fine as provided for in the Provincial
Offences Act, R.S.O. 1990, c. P.33.
8.
CONFLICTS
If a provision of this by-law conflict with an Act or a regulation or another bylaw, the
provision that which is the most restrictive shall prevail.
9. EFFECTIVE DATE:
That this By-law shall come into force and take effect on a day to be named by the
Town's CAO.
Passed this 22nd day of June 2022.
_____________________________
Lynn Dollin Mayor
_____________________________
Lee Parkin Clerk