Northeastern Manitoulin and the Islands, Ontario
· adopted 2003-06-04
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THE CORPORATION OF THE TOWN OF
NORTHEASTERN MANITOULIN AND THE ISLANDS
By-law Number 2003-20
Being A By-Law to Foster Community Health And Well-Being
By Limiting the Emission of Second-Hand Tobacco Smoke
In Public Places
WHEREAS it has been recognized that environmental tobacco smoke (exhaled smoke and the
smoke from idling cigarettes, cigars or pipes), also known as second-hand smoke, is a health
hazard because of its adverse effects and risk to the health and well-being of the residents and
workers in the Town of Northeastern Manitoulin and the Islands;
WHEREAS the Council of the Corporation of the Town of Northeastern Manitoulin and the
Islands has the authority to pass by-laws prohibiting and regulating the smoking of tobacco and
the carrying of lighted tobacco products in public places and workplaces within the Municipality
pursuant to Section 115 of the Municipal Act, 2001, S.O. 2001, c.25, as amended;
AND WHEREAS the residents and workers in the Town of Northeastern Manitoulin and the
Islands have a fundamental right to live, work and enjoy community amenities in the absence of
environmental tobacco smoke in public places;
AND WHEREAS this may be accomplished by providing for the prohibiting or limiting of
smoking and second-hand smoke in accordance with the provisions of this By-law;
NOW THEREFORE the Council of the Town of Northeastern Manitoulin and the Islands
enacts as follows:
1.
DEFINITIONS
"Bar" means a building or structure or portion thereof which has all of the following
features:
i)
the consumption of alcohol takes place,
ii)
at least 75 percent of sales in the previous year are from the sale of
alcohol, and
iii)
the sale or consumption of food is incidental.
For greater certainty without limiting, the generality of the foregoing, this may include
taverns, night clubs, pubs, public houses, lounges, adult entertainment parlors and other
establishments, licensed under the Liquor License Act, R.S.O. 1990, c.L 19 or its
regulations, as amended.
"Community Centre" means any premises comprised of, but not restricted to, a rink, a
floor or ice surface, spectator seating areas, dressing rooms and canteen facilities or other
place of public assembly, to which the public has access to view or participate in
sporting, community, private or other show events and includes, without restricting the
generality of the foregoing, a common area of a public building, an indoor service line or
service counter in any premise to which the public has access, a place of public assembly,
including a building, structure or portion thereof for the gathering of persons for the
purpose of education, worship, business, recreation, entertainment or amusement and
includes but is not restricted to a concert hall, public hall, theatre, cinema, auditorium,
gymnasium, sport or fitness facility, indoor swimming pool, locker room, community
centre, library, museum or art gallery.
"Owner" means the owner of a building containing one or more enclosed public places.
"Proprietor" means the person or entity who controls, governs or directs the activity
carried on within a Public Place and includes the Owner or a person or entity in charge
thereof.
"Public Place" means the whole or part of an indoor area or vehicle to which the public
has access by right or by invitation, express or implied, whether by payment of money or
not that is open for access or transport by the public.
By-Law No. 2003-20
Page...................2
"Smoke" includes the carrying of a lighted cigar, cigarette, pipe or any other lighted
smoking equipment and smoking has a corresponding meaning.
"Taxicab" means any vehicle of public transportation and limousine has a corresponding
meaning.
"Town" means the Corporation of the Town of Northeastern Manitoulin and the Islands.
2.
SMOKING IN PUBLIC PLACES
The following provisions shall regulate where smoking is prohibited under this By-law:
1) No person shall smoke or hold lighted tobacco in any Public Place, including
Community Centres and Taxicabs or Limousines, whether or not a "No Smoking"
sign is posted, unless otherwise exempted under this By-law.
2) No person shall smoke or hold lighted tobacco in any enclosed facility that is owned
or leased by the Town, or within a 9 meter radius extending from the limits of any
entryway thereto.
3) Notwithstanding the provisions of section 2(2), of this by-law, the 9 meter radius
shall be deemed not to extend onto an open public road or street maintained by the
Town.
4) No person shall smoke or hold lighted tobacco in any vehicle that is owned or leased
by the Town.
5) Despite the provisions of this section, where a permitted area of smoking has been
designated under this By-Law, smoking shall be permitted in the area so designated.
3. LIMITATION ON DESIGNATED SMOKING AREAS
Effective on the designated dates listed below for a bar, a proprietor of such facility shall
designate not more than the specified percentage of the total indoor seating of the bar as a
permitted area for smoking, if the criteria in Section 4 are met.
Classification - Public Place
June 5, 2003
June 1, 2005
Bars:
50% smoking
0% smoking
4. PERMITTED AREA FOR SMOKING
An area designated under this By-Law as a permitted area for smoking:
1) shall be comprised of seats that are contiguous to each other, and
2) shall not be located in the centre of an indoor space, or as part of an entrance or
waiting area within an establishment, and
3) shall not be required as a means of access or thoroughfare between areas in which
smoking is prohibited, and
4) shall not be required as a sole means of access to washrooms.
5. RESPONSIBILITIES OF OWNERS AND PROPRIETORS
Every Owner and Proprietor shall:
(1)
ensure that "No Smoking" signs are conspicuously posted so that the signs are
clearly visible in all areas where smoking is prohibited under this By-law; and
(2)
ensure that ashtrays and other articles used in connection with smoking are not
present in areas where smoking is prohibited under this By-law; and
(3)
inform any person who is smoking in a prohibited area that smoking in that area is
prohibited; and
(4)
not permit smoking where smoking is prohibited under this By-Law.
6.
SIGNS
A "No Smoking" sign which is required to be posted under this By-law shall:
(1)
carry the text "No Smoking";
(2)
consist of two (2) contrasting colours, or with lettering in contrast to the
background colour; and
By-Law No. 2003-20
Page..................3
(3)
have letter heights that render the sign clearly visible and readable, based on the
maximum viewing distance (in direct line of sight) in the area where smoking is
prohibited.
7. EXEMPTION
Despite any other provision of this By-Law, the designated smoking area of the
Manitoulin Centennial Manor shall be deemed not to be a Public Place provided it
continues to be maintained as a separately ventilated smoking area in a manner consistent
with its function on the date this by-law becomes effective.
8.
INSPECTIONS
The provisions of this by-law respecting the posting of signs and the duties imposed upon
the owner or proprietor shall be enforced by inspectors as may be designated from time to
time by the Town.
An inspector may, at any reasonable time, enter any public place for the purposes of
determining compliance with this by-law.
9. OFFENCES
a) Any person who smokes in a Public Place in contravention of Section 2 (1), Section 2
(2), Section 2 (3) or Section 2 (4) of this By-Law is guilty of an offence.
b) Any Proprietor or Owner in charge of a Public Place who refuses, fails or neglects to
perform any of the duties imposed upon him, her or it under this By-Law is guilty of
an offence.
c) Any person who hinders or obstructs an enforcement officer lawfully carrying out the
enforcement of this By-Law is guilty of an offence.
10. FINES
Every person who is convicted of an offence under this By-Law is liable to a fine of no
more than $5,000 exclusive of costs pursuant to the Provincial Offences Act, R.S.O. 1990
c. P33.
11. CONFLICTS
If a provision of this By-Law conflicts with an Act or a Regulation or another By-Law,
the provision that is the most restrictive of Smoking shall prevail.
12. SEVERABILITY
If any section or sections of this By-Law or parts thereof are found in any court of law to
be illegal or beyond the power of Council to enact, such section or sections or parts
thereof shall be deemed to be severable and all other sections or parts of this By-Law
shall be deemed to be effective and independent therefrom and to be enacted as such.
13.
EFFECTIVE DATE
This By-law shall come into effect on the 4th day of June, 2003
READ A FIRST, SECOND, THIRD TIME AND PASSED THE 4th DAY OF JUNE, 2003
_______________________________
Kenneth Ferguson Mayor
________________________________
E.O. Martin Clerk-Treasurer