By-law 2012-75 - Prohibit Smoking & Use of Tobacco Products (Recreation Parks)
Trent Hills, Ontario
· adopted 2012-07-17
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THE CORPORATION OF THE MUNICIPALITY OF TRENT HILLS
BY-LAW 2012-75
Being a by-law to establish a by-law
Respecting Smoking and Use of Tobacco Products
within the
Municipality of Trent Hills Recreation Parks
WHEREAS Section 11 (2) of the Municipal Act, S.O. 2001 c.25, as amended
permits Councils of local municipalities to pass by-laws and make regulations
for the health, safety and well-being of persons within the municipality;
AND WHEREAS Section 115 of the Municipal Act, 2001 , S.O. 2001 , c. 25, as
amended, authorizes Councils of local municipalities to pass by-laws to
prohibit or regulate the smoking of tobacco in public places and workplaces;
AND WHEREAS it has been determined that tobacco products and second
hand-tobacco smoke are a health hazard because of its impairment, adverse
effect and risk to human health, and is a public nuisance because of its
irritating and discomforting properties to the inhabitants of the Municipality of
Trent Hills;
AND WHEREAS it is desirable for the health, safety, and well-being of the
inhabitants of the Municipality of Trent Hills to provide for regulating tobacco
products, smoking and second hand tobacco for the better protection of
persons from conditions injurious to health in accordance with the provisions
of this by-law.
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION
OF THE MUNICIPALITY OF TRENT HILLS HEREBY ENACTS AS
FOLLOWS:
PART 1 -DEFINITION
1.1 "tobacco product" -
means tobacco in any processed or
unprocessed form that may be smoked, inhaled or chewed,
including snuff, but does not apply to products for use in nicotine
replacement therapy.
1.2 "public park" means any park or common area owned or leased and
maintained by the Municipality of Trent Hills for the purpose of
recreational use and shall include any playground equipment, sport
field and playground area including but not limited to soccer pitches,
baseball diamonds, tennis courts, player's benches, spectators
areas, beaches, splash pads, dog parks, skate parks and any
children's playground equipment including but not limited to swing
sets and climbing apparatus, including the surrounding playground
equipment area owned or leased by the Municipality
1.3 "person(s) " - includes an individual, corporation or a partnership
1.4 "smoking of tobacco" - includes the holding of lighted tobacco.
PART 2 - PROHIBITIONS
2.1 No person shall use any tobacco product in any building owned by
the Municipality of Trent Hills.
2.2 "No person shall smoke or hold a lighted tobacco within a nine (9)
metre radius surrounding any entrance, exit or air intake of any
building owned by the Municipality of Trent Hills.
2.3 No person shall smoke or hold a lighted tobacco within a nine (9)
metre radius of any of the following:
1.
Any public skatepark, playground, beach, wading pool or
splash pad effective September 1, 2012; and
ii.
Any sports field effective May 1, 2013.
2.4 Effective May 1, 2014 no person shall smoke or hold lighted
tobacco within any municipal park except in an area designated to
allow smoking or holding lighted tobacco.
PART 3- EXCEPTIONS
3.1 This by-law does not apply to any portion of a public road allowance
or to any private property.
PART 4 -OFFENCES
4.1 Any person who contravenes any provision of this by-law is guilty of
an offence and is liable to the penalty imposed by applicable law,
which is recoverable pursuant to the Provincial Offences Act.
EFFECTIVE DATE
5.1 That this by-law shall come into force and take effect immediately
upon the final passing thereof.
By-law 2012-75 introduced and deemed to be read a first, second and third
time, passed and properly signed and sealed this 1ih day of July, 2012.
Hector Macmillan (Mayor)
---(Clerk)