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THE CORPORATION OF THE TOWNSHIP OF SCUGOG
BY- LAW NUMBER 31- 14
BEING A BY-LAW TO REGULATE SMOKING IN
OUTDOOR PUBLIC PLACES
WHEREAS it is desirable for the purpose of promoting and protecting
the health of residents to regulate smoking in outdoor public places;
0
AND WHEREAS Scugog
residents strongly
support regulating
smoking in outdoor public places, especially where children and youth play
and congregate;
AND WHEREAS subsection 11 (2) of the Municipal Act, S. O. 2001, c.
25, provides that a lower tier municipality has the authority to pass by-laws
respecting the health, safety and well- being of person;
AND WHEREAS subsection 115( 1) of the Municipal Act, S. O. 2001,
c. 25 provides that without limiting sections 9, 10 and 11,
a municipality
prohibit or
regulate
of tobacco in
may
smoking
public
places
and
workplaces;
AND WHEREAS subsection 425 and subsection 429 respectively of
the Municipal Act, S. O. 2001 c. 25 authorizes a municipality to provide
offences for a contravention of a by-law, and to establish a system of fines
for offences under a by-law;
AND WHEREAS the Smoke -Free Ontario Act establishes minimum
no -smoking standards and municipalities have the ability to pass more
restrictive by-laws.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF
THE TOWNSHIP OF SCUGOG Enacts As Follows:
1.
DEFINITIONS
In this By -Law:
1. 1 "
Municipal Law Enforcement Officer" means a municipal law
enforcement officer appointed by the Municipality;
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1. 2 "
Council" means the Council of The Corporation of the
Township of Scugog;
1. 3 "
Designated
Smoking
Area"
means
an
area
that
is
delineated for the purpose of smoking; and no persons
under the age of nineteen ( 19) years are permitted within a
Designated Area;
1. 4 "
Municipality" means the Corporation of the Township of
Scugog;
Page 1 of 5
1. 5 "
Municipal
Building"
means
any
enclosed
building
or
structure owned or leased and occupied by the Municipality
for the purpose of providing municipal services including but
not limited to Municipal Office, community centres, arena
complexes, fire halls, Works Depots, Animal Services,
Scugog Shores Museum, Scugog Memorial Public Library;
1. 6 "
Municipal Events Area" means an outdoor area where a
municipal activity or municipal event is being organized and
operated by the municipality for the enjoyment of residents
and visitors as provided for in the Municipality' s Special
Event Policy;
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1. 7 "
Outdoor Public Place"
means but is
not limited to a
playground area, outdoor recreational
municipal building,
field,
parkette, and municipal
outdoor recreational facility,
events area;
1. 8 "
Outdoor Recreational Facility" means any area located on
municipal property or property leased by the Municipality for
the purpose of providing municipal services for the playing
of sports or for activities including but not limited to splash
pads,
tennis
courts,
multi- purpose
courts,
skateboard
facilities, lawn
field
bowling green, off leash dog parks,
houses and club houses, beaches, picnic shelters and
designated picnic areas;
1. 9 "
Outdoor Recreational Field" means any area located on
municipal property or property leased by the Municipality for
the purpose of providing municipal services for the playing
of sports or for activities including but not limited to soccer
fields,
multi- purpose fields,
baseball diamonds,
players
benches and warm
area, side lines, and spectator
up
seating areas;
1. 10 "
Parkette: means an area located on municipal property or
leased
purpose of
property
by the Municipality for the
providing municipal services and is generally less than 1. 0
hectare in size and may contain a landscaped area with a
bench( es), or may contain limited recreational equipment for
the enjoyment and exercise of children and youth such as
but not limited to a slide, climbing apparatus or swings;
0
1. 11 "
Playground Area" means an outdoor area located
on
municipal property or property leased by the Municipality for
the
purpose
of
municipal
services
for
the
providing
enjoyment and exercise of children and youth, that has
recreational equipment installed but not limited to swings,
slides,
apparatus,
sand
area,
benches,
climbing
play
gazebos and/or shade structures, rocks, wood chips, rubber
or any other similar materials;
1. 12 "
Public Entrance and Public Exit" means any entrance or
exit designated for use by the public to enter or exit a
municipal building, or a building leased and occupied by the
municipality to provide municipal services;
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1. 13 "
Smoking" includes any lighted tobacco product and the
smoking, holding or carrying of a lighted cigar, cigarette, or
pipe and Smoke has a corresponding meaning;
1. 14 "
Spectator Seating Area" means an area with tiered seating
or benches;
1. 15 "
Town" means the Corporation of the Township of Scugog
and its geographical boundaries; and,
1. 16 "
Trail
or Pathway"
means
an
area
of improved
land
designated for the passage of pedestrians and shall not
include a sidewalk.
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2.
INTERPRETATION
2. 1
The provisions of this by-law apply to smoking within
Outdoor Public Places that are owned or leased by the
Municipality for the purpose of providing municipal services
and within the boundaries of the Township of Scugog.
2.2
Nothing in this by-law shall be interpreted as reducing or
eliminating compliance with the provisions of all applicable
Federal or Provincial statutes and regulations related to
smoking, and in particular the Smoke -Free Ontario Act..
3.
REGULATION
3. 1
No person shall:
3. 1. 1
Smoke within a Playground Area; or within fifteen
metres of a Playground Area;
3. 1. 2
Smoke within an Outdoor Recreational Facility or
within fifteen metres of an Outdoor Recreational
Facility;
3. 1. 3
Smoke within an Outdoor Recreational Field or
within fifteen metres of an Outdoor Recreational
Field;
3. 1. 4
Smoke within a Parkette or within fifteen metres of a
Parkette;
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3. 1. 5
Smoke within fifteen metres of a Public Entrance or
Public Exit of a Municipal Building;
3. 1. 6
Smoke within a Municipal Events Area during a
municipally
organized
event
except
with
the
Designated Smoking Area(s).
3.2
Section 3. 1. 1 through Section 3. 1. 6 of this by-law shall apply
whether or not a No Smoking sign is posted.
Page 3 of 5
4.
GENERAL
4. 1
This by-law does not apply to:
4. 1. 1
A trail or pathway unless it is within a Playground
Area,
Outdoor
Recreational
Field,
Outdoor
Recreational
Outdoor Municipal
Events
Facility,
Area, or Parkette or within a fifteen metre radius of
the
perimeter of the above
mentioned
outdoor
places;
4. 1. 2
A Municipal Events Area when the event is being
organized and run by an organization that is not the
Municipality;
4. 1. 3
A transit stop with or without a bus shelter unless it
is within fifteen metre radius of a Public Entrance or
Public Exit of a Municipal Building;
4. 1. 4
Buildings that are owned by the Municipality and
leased to other organizations including businesses
that
provide services that are
not a
municipal
nature.
5.
ENFORCEMENT AND PENALTIES
5. 1
Where any person contravenes any provision of the by-law,
a Municipal Law Enforcement Officer
direct such
may
person to comply with this by-law. Every person so directed
shall comply without delay.
5. 2
Where a Municipal Law Enforcement Officer has reasonable
grounds to believe that an offence has been committed by a
person, the Municipal Law Enforcement Officer may require
the name, address and proof of identity of that person, and
the person shall supply the required information.
5. 3
No person shall hinder or obstruct or interfere with a
Municipal Law Enforcement Officer lawfully conducting an
inspection under this by-law.
5. 4
Every person who contravenes any provision of this By-law
is guilty of an offence and on conviction is liable to a fine as
provided for in the Provincial Offences Act, R.S.O. 1990, c.
P. 33.
S
5. 5
Should any section, clause or provision of this by-law be
declared by a court of competent jurisdiction to be invalid,
the same shall not affect the validity of this by-law as a
other than the part which is
whole or any part thereof,
declared invalid.
5. 6
If a provision of the by-law conflict with an Act or regulation
of another by-law, the provision that is the most restrictive of
smoking shall prevail.
Page 4 of 5
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6.
SHORT TITLE
6. 1
The short title of this by-law is the " Smoking in Outdoor
Public Places By-law".
7.
EFFECTIVE DATE
7. 1
This By -Law shall come into force on the date of its passing.
Read a First, Second and Third time and finally passed this
2nd day of
June, 2014.
MAYOR, Charles.D. Mercier
Ce
CLERK, Christopher Harris
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