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MED
LERK'
AMENDED BY
THE CITY OF TIMMINS
BY-LAW ao --7a5O
BY-LAW NO 2011- 7123
AMENDED ElY
BY-LAW 2n22-R-1,31
BEING a by-law to repeal By- law 2003- 5815 and amendments thereto and regulate smoking in Public
Places and Workplaces
WHEREAS Section 115 of the Municipal Act S. O. 2001 Chapter 25, as amended enables the Council of a
municipality to pass a by-law to prohibit or regulate the smoking of tobacco products in public places and
workplaces in the municipality,
AND WHEREAS
it has been determined that second- hand tobacco smoke is a
nuisance due to its
irritating and discomforting properties, and its hazardous effects on our health, especially the youth, of the
City of Timmins,
AND WHEREAS the Medical Officer of Health for the Porcupine Health Unit has declared that second-
hand smoke is a serious health hazard,
AND WHEREAS it is desirable for the health, safety and welfare of the inhabitants of the City of Timmins
to ensure and aid in the prohibition of tobacco-use in accordance with the provisions of this by-law,
THEREFORE the Council of the Corporation of the City of Timmins enacts as follows;
Definitions
1.
In this by-law;
Beaches" shall mean any area where the public is permitted to swim in the City.
City" shall mean The Corporation of the City of Timmins,
Council" shall mean the Council of The Corporation of the City of Timmins;
Eating Establishment" shall mean a building, booth, stall or place engaged in the sale and service of food
and/ or drink whether alcoholic or otherwise is offered for sale to the public for immediate consumption on
the premises, and includes a restaurant, café, food court, cafeteria, take out restaurant, ice cream parlour,
tea or lunch room, dairy bar, coffee shop, donut shop, snack bar, refreshment room or stand, roadhouse,
bar; nightclub, cafeteria, and those portions of a hotel or inn where such sale and service is carried on,
Employee" shall mean a person who performs any work for or supplies any services to an employer, or
receives any instructions or training in the activity, business, work, trade, occupation or profession of the
employer and includes a volunteer and person who is self-employed.
Employer" shall mean any person who as the owner, proprietor, manager, superintendent or overseer of
any activity, business, work, trade, occupation or profession, has control over or direction of, or is directly
or indirectly responsible for the employment of a person therein;
Enclosed" except as noted, shall mean closed in by a roof or ceiling and walls with appropriate openings
for ingress and egress,
Entrance" shall mean any passage or opening that affords entry or exit to a place that is open to the
public in order to do business, receive a service and /or drop off /pick up items within the City of Timmins
and shall include all enclosures or coverings leading up to said passage or opening,
Food Court or Indoor Patio" means an area located within a public place that is used in conjunction with a
restaurant or take -out eating establishment, where unenclosed seating is provided or where the public
consumes meals or refreshments,
Inspector' shall mean any person appointed by the Council of the City of Timmins as a Municipal Law
Enforcement Officer, any person appointed by the Minister of Health as a Provincial Offences Officer
under the Tobacco Control Act, 1994 or any person appointed by the Minister of Labour as a Provincial
Offences Officer under the Smoking in the Workplace Act, or any police officer of the City of Timmins,
Hospice" --
a facility for the caring for the terminally ill;
Nursing Home" means a nursing home as defined in the Nursing Homes Act, and also includes for
purposes of this By -law those homes defined under the Homes for the Aged and Rest Homes Act;
Patron" shall mean a customer, client, guest or visitor, not an employee,
Playground Equipment" means any kind of structure or apparatus which is customarily found in a park like
setting and which
a person may engage
in play -like activities such as climbing, swinging, hanging,
crawling, jumping, stepping, whether over, across, under, through, or upon for enjoyment, exercise and /or
as part of relating to others of any age. Without restricting the generality thereof, playground equipment
includes but is not limited to swings, slides, climbing apparatus, facilities expressly designed for roller -
blades, municipally -owned swimming pools. Playground equipment does not include facilities for baseball,
hockey, walking and biking trails, park fences and trees outside a Playground Equipment Zone, a picnic
table, bridge, gazebo or pergola.
Playground Park" means any park open to the public owned by the City which contains Playgound
Equipment. Without restricting the generality thereof, each of the following parks is a playground park.
refer to appendix A)
Proprietor' shall mean any person who owns or occupies or ultimately controls, governs or directs the
activities carried on within a public place, and includes the person actually in charge of the premises,
Public Place" shall mean the whole or part of every enclosed area to which the public has access as of
right or by invitation, express or implied is designated as a public place for the purposes of this by -law
Recreational Field" means any field and /or land of natural and /or man made composition that is used for
athletic purposes to conduct organized or unorganized sporting activities in a municipal park which
includes but is not limited to a baseball field, soccer, slow pitch, player or spectator bench and a football
field. A golf course shall not be included as a recreational field.
Smoke" or "Smoking" includes carrying a lighted cigar, cigarette, pipe or any other lighted smoking
equipment.
Workplace" means any enclosed area of a building or structure, in which an employee or the employer
works, including employee eating, changing and lounge areas and any vehicle, vessel or conveyance in
which an employee works, but does not include a workplace which is located in a private dwelling;
General Prohibition
Workplaces
2.
No person shall smoke in a workplace whether or not a sign prohibiting smoking has been
posted.
3.
No employer shall:
a) Fail to prohibit smoking in the workplace;
b) Fail to give notice to each employee in the workplace that smoking is prohibited in the
workplace;
c) Fail to post no smoking signs in accordance with this By -law; and
d) Fail to post no smoking signs as described in section 9 of this by -law at every entrance to the
workplace.
4. Notwithstanding any other provisions in this By -law, in the case of hospices and nursing homes,
smoking is permitted by residents and supervisor of those facilities within designated smoking rooms.
Parks, Playgrounds, Recreational Fields
5.
The parks, playgrounds, recreational fields and beaches as set out in the attached Appendix `A'
are designated to be regulated smoking areas and, where proper signs have been posted,
smoking within these areas shall be prohibited as follows:
a) No person shall smoke within 10 metres of any playground equipment within parks and
playgrounds.
b) No person shall smoke within 10 metres of any recreational field.
c)
No person shall smoke at a beach location other than within designated smoking areas.
Public Places
6. (a) No person shall smoke in any public place within the City of Timmins whether or not a "No
Smoking" sign is posted.
b) No person shall smoke within three (3) meters of an entrance to any public place, as defined in
section 1, within the City of Timmins whether or not a "No Smoking" sign is posted.
Proprietor Obligations
7. ( a) No proprietor shall permit a person to smoke in a place where smoking is prohibited under this
by -law.
b) No proprietor, where smoking is prohibited under this by -law, shall fail to ensure compliance with
this by -law and inform any person who is smoking in a prohibited area that smoking in that area is
prohibited.
c) No proprietor shall permit ashtrays or like paraphernalia to be placed or to remain in a public
place.
d) No proprietor shall fail to ensure that "No Smoking" signs, as described in section 9 of this bylaw,
are conspicuously posted and clearly visible in all areas within a public place where smoking is
prohibited.
Signage Requirements
8. Where a "No Smoking" sign is required to be posted under this by -law, no person shall fail to ensure
that the sign is of the proportion and characteristic as set out in this by -law.
8.1 Without limiting the generality of Section 7 (d) of this by -law, no proprietor of a public place shall fail to
ensure that a "No Smoking" sign is posted;
a)
within any public washroom,
b)
in every food court or indoor patio area,
c)
at every entrance to a non - smoking area.
Signs
No Smoking Signs
9. " No Smoking" signs shall:
a) Be of sufficient size and conspicuously posted so as to clearly identify that smoking is prohibited
within a workplace or area within the workplace,
b) Include a symbol of a cigarette within an interdictory symbol together with the words "City of Timmins
By -law ", and may include additional wording that does not detract from the message that smoking is not
permitted within the workplace place;
c) Consist of letters and graphic symbol of colour(s),
which contrast with the background colour of the
sign or the surface to which it is applied.
Offence and Penalty
10. 1) Every person who contravenes any provision of this by -law is guilty of an offence, the Municipal
Act, S.O. 2001 Chapter 25, Section 425.
2) Every person who is convicted of an offence is liable to a fine of not more than Five Thousand
Dollars ($5,
000.
00)
exclusive of costs and any other penalty provisions as provided for under the
Provincial Offences Act, R.S.
O.
1990, c. P.33 as amended.
Enforcement
11. An Inspector may:
a) at any reasonable time, enter any public place, other than a dwelling unit, for the purpose of
determining whether there is compliance with the by -law,
b) make such examinations, investigations and inquiries as are necessary to determine whether
there is compliance with this by -law.
12. Any person who hinders or obstructs an inspector lawfully carrying out the enforcement of the By -law
is guilty of an offence.
Conflict
13. If a provision of this by -law conflicts with an Act or regulation or another by -law the provision that is
the most restrictive of smoking shall prevail.
Schedules
14. 'The schedule, Appendix "A ",
to this by - law shall . be deemed to form part of this by -law:
Severability
15. Shoulda of competent jurisdiction declare any section, clause, or provision of this By -law invalid
the same shall not affect the validity of the By- Iaw'as a whole or any part thereof, other than the part,
which was declared to be invalid.
Implementation Date
16. This by -law, shall come into force and effect on its date of passing.
READ a second and third time and finally passed this 21 day of November, 2011.
To , aughren
Mayt r
City of 'Timmins
MAYOR r
CLSR
APPENDIX "A"
CITY OWNED PARKS AND BEACHES
Name of parks, playgrounds, and beaches
Gauthier Park
Leo Delvillano Park
Bozzer Park
Timcor Park
Hollinger Park
Gold Centre Playground
Fourth Avenue Playground
Second Avenue Playground
Flintstone Park
Hoyle Playground
Riverside Acres Park
White Waterfront Park
Melview Park Porcupine
Bristol Road Parkette
Connaught Hill
Moore Street
Riverview Park
Lonergan Park
Randall Parkette
Roy Nicholson Park
Gillies Lake Playground
Whitney Ball Diamond
Dusty Baker Diamond 1
Dusty Baker Diamond 2
Riverview Ball Park
Doug McLellan Park
Whitney Tennis Courts
Leo DelVillano Courts
Mattagami Tennis Courts
Riverview Courts
Mountjoy Court
Gillies Lake
White Water Front Beach