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BY-LAW 08-2020
THE CORPORATION OF THE TOWN OF ST. MARYS
Being a By-law to regulate smoking and vaping in public places within the Town of St. Marys.
WHEREAS:
The Municipal Act, 2001, S.O. 2001, c. 25, as amended, Section 8,
provides that the powers of a municipality shall be interpreted broadly
so as to confer board authority on the municipality to govern its affairs
as it considers appropriate and to enhance the municipality's ability to
response to municipal issues;
AND WHEREAS:
Section 10 of the Municipal Act, 2001, provides that a municipality has
the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority;
AND WHEREAS:
Clause 6 of subsection 10(2) of the Municipal Act, 2001, provides that a
municipality may pass by-laws in the interest of the health, safety and
well-being of its residents;
AND WHEREAS:
Section 115 of the Municipal Act, 2001, as amended, authorizes the
council of a local municipality to pass a by-law regulating the smoking or
vapourizing of tobacco and cannabis in public places and workplaces
within the municipality and designating public places or workplaces or
classes or parts of such places as places in which smoking tobacco or
holding lighted tobacco, cannabis or an electronic cigarette is prohibited;
AND WHEREAS:
Section 115 of the Municipal Act, 2001, as amended, provides that
Section 115 of the Act shall not apply to a highway;
AND WHEREAS:
Section 18 of the Smoke-Free Ontario Act, 2017, S.O. 2017, c. 26, as
amended, provides that if there is a conflict between a provision of that
Act and a provision of another Act, a regulation or a municipal By-Law
that deals with a matter to which that Act applies, the provision that is
more restrictive of the matter to which the Act applies prevails;
AND WHEREAS:
Section 425 of the Municipal Act, 2001, as amended, provides that a
municipality may pass By-Laws providing that a person who contravenes
a By-Law of the municipality passed under that Act is guilty of an
offence;
AND WHEREAS:
Section 429 of the Municipal Act, 2001, as amended, provides that a
municipality may establish a system of fines for offences under a By-Law
of the municipality passed under that Act;
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AND WHEREAS:
It has been determined that second-hand smoke and vapour are a
serious health hazard or discomfort for many inhabitants of and visitors
to the Town of St. Marys;
NOW THEREFORE:
The Council of the Corporation of the Town of St. Marys hereby enacts as
follows;
1.0. DEFINITIONS
1)
For the purpose of this By-law:
"Cannabis" means cannabis as defined in section 2(1) of the Cannabis Act (Canada)
and includes any products containing cannabis;
"Council" means the Council for the Corporation of the Town of St. Marys;
"Electronic Cigarette" or "E-Cigarette" or "Electronic Smoking Device" includes inhalant-
type devices, whether called an electronic cigarette or any other name, that contains a
power sources 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 or Cannabis;
"Entrance" or "Exit" means any entrance or exit used by the public and / or staff to
enter or exit a municipal building;
"Inspector" means any employee or class of employee of the local health unit, or their
successor, authorized by the Medical Officer of Health to carry out an inspection under
and to enforce the provisions of this By-law, or a person or class of person appointed by
Council of the Town as a by-law enforcement officer to enforce this by-law, or any police
officer;
"Highway" includes a common and public highway, street, avenue, parkway, driveway,
square, place, bridge, viaduct or trestle, any part of which is intended for or used by the
general public for the passage of Vehicles and includes the area between the lateral
property lines thereof;
"Park" means any land, owned or leased or controlled by the Town, designed or used
for public recreation or that is or hereafter may be established, dedicated, set apart or
made available by the municipality for recreational purposes, including but not limited
to: parklands, playgrounds, trails, gardens, natural areas, dog parks, skate parks, sports
fields, playing fields, swimming pools and splash pads, including any buildings,
structures, or facilities erections and improvements location in or on such land;
"Person" includes a corporation;
"Proprietor" means the person who ultimately controls, governs or directs the activity
carried on within a Public Place and includes the person actually in charge or the
premises at any particular time;
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"Smoke" or "Smoking" means the smoking or holding of lighted tobacco, Cannabis or
Electronic Cigarette in any form and includes the holding or carrying of a lighted cigar,
cigarette, E-Cigarette, pipe, water pipe, hookah, or any other lighted smoking
equipment;
"Town" means the Corporation of the Town of St. Marys;
"Vapourizing" or "Vaping" or "Vape" means inhaling or exhaling the vapour, emissions
or aerosol produced by an electronic smoking device or similar device containing
tobacco, Cannabis or any other substance, and includes holding or otherwise having
control of an electronic smoking device that is producing vapour, emissions or aerosol
from tobacco, Cannabis or any other substance.
2.0. DESIGNATED PUBLIC PLACES
1)
The following are designated public places for the purposes of this By-law:
a)
Every place as set out in Section 12(2) of the Smoke-Free Ontario Act, 2017,
S.O. 2017 c. 26, Schedule 3;
b)
A Park or trail;
c)
Any portion of a municipal property; and
d)
Within nine (9) metres of any Entrance or Exit of a municipal owned building.
2)
Every Proprietor, or their designate, in charge of a designated public place in which
Smoking or Vapourizing are prohibited, shall ensure compliance with this By-law.
3)
Every Proprietor, or their designate, in charge of a designated public place shall post
No Smoking No Vaping signs in accordance with the Smoke Free Ontario Act, S.O.
2017, c. 26 as amended.
4)
No person shall Smoke or Vape in any designated public place within the Town whether
or not signage is posted.
5)
Notwithstanding section 2.4 such prohibition shall not apply to a municipal sidewalk
within a road allowance or any part of a Highway.
6)
No person shall remove a sign posted under this section while the prohibition remains
in force.
7)
No person shall obstruct or hinder or attempt to obstruct or hinder an authorized
person carrying out the enforcement of this By-law.
3.0. ENFORCEMNT AND PENALTIES
1)
Enforcement
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a)
b)
An I
This by
or a Municipal Law Enforcement Officer appointed by Cou
of determining compliance with this By
nspector may, at
-law may be enforced by a
any reasona
n I
ble time, enter any p
nspector,
-law.
or their successor,
ublic
ncil.
place for the purpose
a Police Officer
2)
a)
c)
b)
Penalty
i.
ii.
i.
Act, R.S.O. 1990, Chapter P.33, as amended.
and;
and upon conviction is liable to a fine as provided for by the Provincial Offences
corporation, the
dollars ($10,000).
($5,000);
($10,000);
Upon a first conviction is sub
Upon a subsequent conviction is subject to a maximum fine of ten thousand
Upon a first conviction is subject to a maximum fine of ten thousand dollars
Every person who contravenes any provision of this By
Despite subsection (1), of section 5.2, where the person convicted is a
Every person who contravenes any
a.
thousand dollars ($25,000).
Upon a subsequent conviction is subject to a maximum fine of twenty
corporation is liable;
ject to a maximum fine of five thousand dollars
provision of this by
-
-
law is guilty of an offence
Law is guilty of an offence
-five
4.0. VALIDITY
1)
to be in force.
law invalid, it is the intention of Council that the remainder of the By
If a court of competent jurisdiction declares any subsection, section o
-law shall continue
r part of this By-
5.0. SHORT TITLE
This By-law may be referred to as the "Smoking and Vaping By-law".
6.0. REPEALED
3)
4)
2)
1)
That
That
That
That
repealed.
By
By
By
By
-
-
-
-
law
law
law 16
law 47
63
23
-
-
-
-
93, Prohibiting of Smoke at
2003, Regulating Smoking in public p
2004, Amendment to By
2004, Set Fines, is hereby repealed.
-law 63
Community Centre
-93, is hereby repealed.
laces and Workplaces
, is hereby repealed.
, is hereby
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5)
That By-law 20 of 2012, Amendment to By-law 23-2003, is hereby repealed.
7.0. ENACTMENT
This By-Law comes into force on the final passing thereof.
Read a first, second and third time and finally passed this 28th day of January, 2020.
_Signed by the Mayor__
Mayor Al Strathdee
_Signed by the CAO / Clerk___
Brent Kittmer, CAO / Clerk