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Amended by By-law 445-15 on January 19, 2015
The Corporation of the Municipality of Leamington
By-law 311-13
(Consolidated)
Being a by-law to prohibit smoking tobacco at
municipally owned recreational facilities and
sports fields.
Whereas Section 115 of the Municipal Act, 2001, S. O. 2001, c. 25, as amended,
provides municipalities with the authority to pass by-laws prohibiting or regulating the
smoking of tobacco in public places;
And whereas smoking of tobacco and the inhalation of second hand tobacco
smoke is a health hazard,
Now therefore, the Council of The Corporation of the Muncipality of Leamington
hereby enacts as follows:
Definitions
1. In this by-law:
a. "Council" means the Council for The Corporation of the Municipality of
Leamington;
b. "officer" means any officer referred to in Section 5 of this by-law;
c. "parking lots" means those areas at the sports fields or recreational
facilities designed for the parking of vehicles.
d. "public place" means the:
i.
sports fields listed in Schedule "A" but does not include the parking
lots; (as per By-law 445-15)
ii.
recreational facilities listed in Schedule "B" but does not include the
parking lots;
iii.
within fifteen (15) metres of any playground located in a park; or
(as per By-law 445-15)
iv.
within nine (9) metres of any entrance or exit to a building.
e. "smoking of tobacco" has the same meaning as in Section 115 of the
Municipal Act, 2001, S. O. 2001, c. 25, as amended from time to time.
Page 2, By-law 311-13, Prohibit Smoking Tobacco
Prohibition
2. No person shall engage in the smoking of tobacco in any public place.
Obstruction
3. No person shall hinder or obstruct an officer in the enforcement of this by-law.
Penalty
4. Every person who contravenes any of the provisions of this by-law is guilty of an
offence, and upon conviction shall pay:
a) a minimum fine of $100.00 and a maximum fine of $300.00 for a first offence;
and
b) a minimum of $300.00 and a maximum of $ 1000.00 for each subsequent
offence.
Enforcement
5. This by-law may be enforced by any Municipal By-law Enforcement Officer
appointed by Council, any Ontario Provincial Police Officer, or any other person
employed by the Windsor Essex Health Unit who has been appointed to enforce
the Smoke Free Ontario Act.
Conflicts
6. If a provision of this by-law conflicts with an Act or a Regulation, the provision that
is most restrictive of smoking shall prevail.
Severability
7. If a court of competent jurisdiction should declare any section or part of a section
of this by-law to be invalid, then the remainder of this by-law shall be valid and
shall remain in force.
8. This By-law shall come into force on May 31st, 2014.
Read a first, second and third time and finally enacted this 16th day of September,
2013.
Signature on file
John Paterson, Mayor
Signature on file
Brian R. Sweet, Clerk
Page 3, By-law 311-13, Prohibit Smoking Tobacco
Schedule "A"
Sports Fields
Kinsmen Baseball Diamonds
21 Seacliff Drive East
Leamington Soccer Pitches
165 Mersea Road 12
(as per By-law 445-15)
Schedule "B"
Recreation Facilities
Leamington Kinsmen Recreation Complex
249 Sherk Street
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the
rules for the Ontario Court of Justice that the amount set opposite each of the
offences in the schedule of offences under the Provincial Statutes and
Regulations thereunder and Municipal By-law No. 311-13, of the Municipality of
Leamington, attached hereto are the set fines for those offences. This Order is to
take effect October 15, 2013.
Dated at London this 15th day of October 2013.
Kathleen E. McGowan
Regional Senior Justice
West Region
Schedule B to Report CL/17 /13
Set Fine Schedule
The Corporation of the Municipality of Leamington
Part 1 Provincial Offences Act
By-law 311-13:
Being a by-law to prohibit the smoking of tobacco at municipally owned recreational facilities and sports fields
Item
Column 1
Column 2
Column 3
Short Form Wording
Provision Creating
Set Fine
or Defining Offence
1
Smoking tobacco in a public place
Section 2
$100.00
2
Hinder or obstruct an officer
Section 3
$150.00
Penalty Provision for the offences indicated above is Section 4 of By-law 311-13, a certified copy of which has been filed
and s. 61 of the Provincial Offences Act, R.S.O. 1990, c. P. 33.
I