By-law 2019-034 - No Smoking on Municipal Property and Water Access Points — full text

This is the exact embedded text of the captured official document. Snapshot d387c4adedf1 · verified 2026-08-28 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

LL. 2.1.2. 2.13 2.1.4. 2.1.5. 2.1.6. 2.1.7. 218. 2.1.9. 2.1.10. The Corporatio No mo ing on Municipal Property "Cannabis" means cannabis as defin S.C. 2018, c 16 (Canada); "Council"means the Council of the Corporation of the Township of Lake of Bays; "Electronic Cigarette" means a vaporizer or inhalant-type device, whether called an Electronic Cigarette or any other name, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled by the user of the device directly through the mouth, whether or not the vapour contains nicotine. "Municipality"means the Corporation of The Township of the Lake of Bays "Municipal Property" means Municipal property, parks, water access, including, but not limited to locations listed in Schedule "A' to this by-law; "Officer"means: 2.1.6 1. A Provincial Offences Officer of the Municipality or other person appointed by or under the authority of a Municipal by-law to enforce Municipal by-laws, or 2.1.6.2 A Police Officer employed by the police service of the Ontario Provincial Police or the Royal Canadian Mounted Police. "Park" means lands owned by the Municipalitythat is designed or used for public recreation including, but not limitedto, parklands, parkettes, trails, community gardens, sports fields, playing fields beaches including any adjacent bodies of water, and includes any lane, walkway or public parking area leading thereto and any spectator or player seating areas; "Smoke/smoking" means smoking (exhaling and inhaling) or holding lighted tobacco or lighted cannabis. "Tobacco" means tobacco in whatever manner it may be used or consumed, and in any processed or unprocessed form, and includes any product made in whole or in part of tobacco and/or tobacco leaves, including without limitation, pipe tobacco, waterpipe tobacco, cigarettes, cigars, and cigarillos. "Use" with respect to Electronic Cigarettes, includes any of the following: 2.1.10.1. inhaling vapour from an Electronic Cigarette, 2 1 10 2 Exhaling vapour from an Electronic Cigarette, n of the Township of Lakeof Bay s and Water Access POIHISBy la w Page 2 of ed in the Cannabis Act, LAKE E BAY S LL. 4. LAKE The Corporation of the Township of Lakeof Bays 1: BAY5 No Smoking on Municipal Property and Water Access Points By- law Page 3 of 6 2.1.10.3. Holding an activated Electronic Cigarette. 2.1 .11. "VapeNaporizing" means: 2.1.11.1. to inhale and exhale the vapour produced by an Electronic Cigarette or similar device containing Cannabis or tobacco or any substance, or 2.1.11.2. holding or otherwise having control of an Electronic Cigarette that is producing vapour, emissions or aerosol from Cannabis or tobacco or any substance. GENERAL PROHIBITIONS 3.1. No person shall smoke or vape tobacco or cannabis on Municipal property as defined by this by-law. 3.2. No shall person shall be found littering on Municipal property as it relates to smoking or vaping withinthe Municipal property. 3.3. No person shall obstruct an officer lawfullycarrying out the enforcement of this by-law. APPLICABILITY 4.1. This by-law does not apply to privately-owned property. 4.2. This by-law does not apply to any highway or public roadway. OFFENCES 5.1. Any person, who contravenes or fails to comply with any provision of 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, as amended, as found in Schedule CONTINUATION, REPITITIONPROHIBITED BYORDER 6.1. Where a person has been convicted of an offence under this By-law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may, in addition to any penalty imposed on the person convicted, issue an order: 6.1.1 prohibiting the continuation or repetition of the offence by the person convicted; and 6.1.2. requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate. 10. 11. 12 LAKE E BAYS The Corporation of the Township of Lakeof Bay s No Smoking on Municipal Property and Water Access Points By- law Page 4 of 6 GENERAL PROVISIONS 7.1. Allschedules referred to in this By-law are deemed to be pan of this by- law. SEVERABILITY 8 1. Ifany provision or part of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative in particular circumstances, the validity of this By-law as a whole or any part thereof, other than that part which is declared invalid, shall not be affected and it shall continue to apply in full force and effect to all other circumstances. CONFLICTS 9.1. Ifany provision of this By-law conflicts with an Act or a regulation or another by-law, the provision that is the most restrictive of the smoking of tobacco or of the smoking of Cannabis, as the case may be, shall prevail. INTERPRETATION 10.1 The provisions of Part VIof the Legislation Act, 2006, S.O. 2006, c.21, Schedule F shall apply to this By law ENFORCEMENT 11.1. The provisions of this by-law respecting smoking or vaping on Municipal Property shall be enforced by an Officer for the purpose for addressing unauthorized activity. 11 2 Where any person contravenes any provision of this By law, an Officer may direct such person to comply with this By-law Every person so directed shall comply with such direction without undue delay 11.3 Where an Officer has reasonable grounds to believe that a person has contravened any provision of this By law, the Officer may require the name, address and proof of identity of that person, and the person shall supply that information. Failure to provide sufficient or any identification shall constitute obstruction of the Officer as set out in section 3 3 of this By law FORCE ANDEFFECT 12.1. This By-law comes into force and effect upon final passing. AD a FIRST, SECOND and TH|FlD time and finallypassed this H7'/day of R , 2019 Mayor, erry Glove ?ea» Clerk, Carrie Sykes LL. SCHEDULE A unlcigal Parks and Lake Access Points Franklin Ward Dwight Beach Echo Valley Nature and Bike Trails Maplehurst Dock Port Cunnington Gouldie Park (Old Municipal Office) Oxtongue Rapids Park South Portage Wolf Bay McLean Ward Baysville Dam Park Baysville Docks East Baysville Docks West Baysville North Road Baysville Riverfront Park Centennial Park Fairy Falls Grist MillPark Heney Lake Road Park Marion White Park Moot Lake Ridout Ward Chimney Park Cedar Narrows Heritage Park (Dorset) Dickie Lake Dorset School Park Glenmount Dock Grindstone Lake Margarete Lake Norway Point Paint Lake Ramp Rabbits Bay RilLake Shoe Lake Sinclair Ward Bella Lake Grassmere Beach (Hillside) n of the Township of Lakeof Bay s and Water Access Points By- law Page 5 of 6 The Corporatio No Smo mg on Municipal Property LAKE xm... " V COLUMN1 Short Form Wording Smoke or Vape on Municipal Property Littering on Municipal Property Obstructs Officer COLUMN2 Provision Creating or Defining Offence COLUMN3 Set Fine $300.00. $100.00 $500.00 SCHEDULE B e orpora ion of The Township of the Lake of Bays PAFIT I PROVINCIALOFFENCES ACT By-law 2019 034 Prohibit smoking and vapmg in MunicipalParks and Water Access Points Note: The genera penaty provision or! e o ences Iste a ve 2019-034, a certified copy of which has been filed n of the Township of Lakeof Bay s and Water Access Points By- law Page 6 of 6 Subsection 3 Subsection 3 2 The Corporatlo o Smo mg on Municipal Property LAKE d bo ss.5.1o y-aw