By-law 7775 - Prohibit Smoking within Town-Owned Parks, Facilities, Playgrounds and Sports Fields
LaSalle, Ontario
· adopted 2015-07-14
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The Corporation of the Town of LaSalle
By-Law Number 7775
Being a By-Law to Prohibit Smoking within Town of LaSalle Owned Parks,
Facilities, Playgrounds and Sports Fields
Whereas Section 115 of the Municipal Act, S.O. 2001, c.25, as amended
authorizes the Council of a local municipality to pass a by-law prohibiting or
regulating the smoking of tobacco in public spaces within the municipality;
And whereas it has been determined that environmental tobacco smoke (exhaled
smoke and the smoke from idling cigarettes, cigars and pipes), also known as
second hand smoke, is a health hazard and a discomfort for inhabitants of the
Town of LaSalle;
Now therefore, the Council of the Corporation of the Town of LaSalle hereby
enacts as follows:
Definitions:
1.
In this by-law:
a) "Council" means the Council for the Corporation of the Town of
LaSalle;
b) "Designated Smoking Area" means a space located on
municipally owned or leased property which has been designated by
the Town of LaSalle with signage and smoking disposal equipment
to permit smoking away from areas where persons congregate or
travel;
c) "Municipality" means the Corporation of the Town of LaSalle;
d) "Municipal Building" means any building or structure, owned,
leased, controlled or used by the Town for municipal purposes;
e) "Officer" means a person employed by the Windsor Essex Health
Unit who has been appointed to enforce the Smoke Free Ontario Act,
S.O. 1994, c. 10 and such persons are hereby appointed as by-law
enforcement officers of the Municipality for this purpose;
f) "Public Place" means the places as described in Schedule A
attached hereto and forming part of this by-law, whether or not a "No
Smoking" sign is posted;
g) Smoking" means the carrying of a lighted cigar, cigarette, e-
cigarette, pipe or any other lighted or heated equipment used to
smoke or vaporize any tobacco or non-tobacco product;
h) "Use of Smokeless Tobacco" shall mean the use of chew, plugs,
snus or snuff.
Prohibition:
2.
No person shall engage in Smoking or use of Smokeless Tobacco in any
Public Place.
3. No person shall engage in Smoking or the use of Smokeless Tobacco at
the entrance or exit of any Municipal Building and any point within a nine (9)
metre radius of the outside area of any entrance or exit.
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Exemptions:
4.
Notwithstanding Section 2, such prohibition of Smoking shall not apply
to:
(a) municipal roads;
(b) areas designated for smoking by the Town of LaSalle
Obstruction:
5. No person shall hinder or obstruct an Officer in the enforcement of this by-
law.
Penalty:
6.
(a) Every person who contravenes any provision of this by-law is guilty
of an offence.
(b) Every person who is convicted of an offence under this by-law is liable
to a fine pursuant to the Provincial Offences Act, R.S.O 1990.cc.P.33, as
amended.
(c) Every person who contravenes any of the provisions of this by-law is
guilty of an offence, and upon conviction shall pay:
i. a minimum fine of $100 and a maximum fine of $300 for a first
offence;
ii. a minimum fine of $300 and a maximum fine of $1000 for each
subsequent offence.
Enforcement:
7. This by-law may be enforced by a Provincial Offence Officer designated
under the Smoke-Free Ontario Act from the Windsor-Essex County Health
Unit.
Conflicts:
8. In the event that this By-law conflicts with another law or with a policy, or
more than one provision of this By-law conflict, the law or policy or provision
which is more restrictive of smoking prevails.
Severability:
9. If any Court declares any sections or part of a section of this By-law invalid,
the remainder of the By-law shall continue in force unless the Court
adjudges otherwise.
Effective Date:
10.
This By-law shall come into force and take effect on July 14, 2015.
Short Title:
11.
This by-law may be cited as the "Smoke-free Outdoor Spaces By-law"
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Read a first and second time and finally passed this 14th day of July, 2015.
1st reading - July 14, 2015
Mayor - K. Antaya
2nd reading - July 14, 2015
3rd reading - July 14, 2015
Clerk - B. Andreatta
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Schedule A
Brian Briggs Park
Brunet Park
Civic Centre
Dossenbach Park
Front Road Park
Gerry Craig Park
Gilbert Park
Gil Maure Park
Heritage Park
James Jenner Park
Jim Chappus
John Dupuis Park
Kenwood Park
Lafferty Park
LaSalle Conservation Area
Vollmer Culture & Recreation Complex
Natalie Park
Ojibway Park
Optimist Park
Paul Wilkinson Park
Rivervila Park
Steve Budimir Park
Sandwich West Park
Senator Paul Lucier Park
St. Clair Street Park
Trillium Park
Vince Marcotte Park
Victory Park
Petite Cote Conservation Park
Meo Boulevard Park
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Rosati Park
Town of LaSalle Cenotaph Park