Chapter 0835: Smoke Free Workplaces and Public Places — full text

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Page 1 of 11 Chapter 835 May 16, 2019 Protection Chapter 0835 Smoke Free Workplaces and Public Places Chapter Index Article 1 - Short Title 835.1.1 Citation Article 2 - Interpretation 835.2.1 Bar patio or Restaurant - defined 835.2.2 Cannabis - defined 835.2.3 Employee - defined 835.2.4 Employer - defined 835.2.5 Medical Cannabis - defined 835.2.6 Municipality - defined 835.2.7 Municipal building - defined 835.2.8 Officer - defined 835.2.9 Person - defined 835.2.10 Proprietor - defined 835.2.11 Public place - defined 835.2.12 Smoke or smoking - defined 835.2.13 Special community event - defined 835.2.14 Vape or Vaping - defined 835.2.15 Workplace - defined Article 3 - Workplaces 835.3.1 Smoking - prohibited 835.3.2 Vaping - prohibited 835.3.3 Smoking cannabis - prohibited 835.3.4 Employer - responsibility 835.3.5 Exemption - private residence as part of workplace Article 4 - Public Places 835.4.1 Smoking - prohibited 835.4.2 Vaping - prohibited 835.4.3 Smoking cannabis - prohibited 835.4.4 Exemption 835.4.5 Proprietor - responsibility 835.4.6 Prohibited - municipal facility - distance 835.4.7 Prohibited - bar patio or restaurant 835.4.8 Prohibited - bus stop - distance Page 2 of 11 Chapter 835 May 16, 2019 835.4.9 Prohibited - other - outdoor property - Schedule 'A' 835.4.10 Prohibited - special community events - Schedule 'B' 835.4.11 Exemption - distances Article 5 - Signage 835.5.1 Signage - required Article 6 - Inspections 835.6.1 Inspection 835.6.2 Time of entry 835.6.3 Dwellings 835.6.4 Use of force 835.6.5 Identification 835.6.6 Obstruction Article 7 - Enforcement 835.7.1 Fine - for contravention 835.7.2 Conviction - order prohibiting continuation Article 8 - General Provisions 835.8.1 Conflict with other legislation 835.8.2 Severability Article 9 Repeal - Enactment 835.9.1 By-law - previous 835.9.2 Effective date Schedule Schedule 'A' - Other Outdoor Property Schedule Schedule 'B' - Special Community Events WHEREAS section 115 of the Municipal Act, 2001, c. 25, authorizes a municipality to prohibit or regulate the smoking of tobacco in public places and workplaces within the municipality; AND WHEREAS it has been determined that second-hand smoke is a serious health hazard because of its adverse effects and risk to the health of inhabitants and workers in The Corporation of the City of Woodstock; AND WHEREAS it is desirable for the purpose of promoting and protecting the health, safety and welfare of inhabitants and workers in The Corporation of the City of Woodstock to ensure that all public places and workplaces will be free from second hand smoke. Article 1 - Short Title 835.1.1 Citation The short title of this Chapter is "Smoke Free Workplaces and Public Places." Page 3 of 11 Chapter 835 May 16, 2019 Article 2 - Interpretation 835.2.1 Bar Patio or Restaurant - defined "bar patio or restaurant" means any bar patio or restaurant within the City of Woodstock where the public can access to eat food or drink beverages, for a fee or at no cost and where food or drinks are served, sold or offered by employees and where the bar patio or restaurant is not a private home. 835.2.2 Cannabis - defined "cannabis" has the same meaning as in subsection 2(1) of the Cannabis Act (Canada). 835.2.3 Employee - defined "employee" means a person who, being paid or unpaid, performs any work for or supplies any service to an employer, or a person who receives any instruction or training in the activity, business, work, trade, occupation or profession of an employer and includes a volunteer and a person who is self-employed and "employment" has a corresponding meaning. 835.2.4 Employer - defined "employer" means any person who, as the owner, proprietor, manager, contractor, superintendent, supervisor 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 an employee. 835.2.5 Medical Cannabis - defined "medical cannabis" means cannabis that is obtained for medical purposes in accordance with Chapter 14 of the Cannabis Regulations (Canada) or in accordance with a court order. 835.2.6 Municipality - defined "municipality" means The Corporation of the City of Woodstock. 835.2.7 Municipal building - defined "municipal building" means any building that is owned by The Corporation of the City of Woodstock or any building of which any portion is rented to The Corporation of the City of Woodstock. 835.2.8 Officer - defined "officer" means a Municipal Law Enforcement Officer appointed by City of Woodstock municipal Council for the enforcement of this Chapter, a Police Officer for the policing agency having jurisdiction in the City of Woodstock for the enforcement of municipal by-laws, and any Public Health Inspector employed by Southwestern Ontario Public Health who is also duly appointed by the Minister of Health for the enforcement of the Smoke Free Ontario Act and regulations thereto. Page 4 of 11 Chapter 835 May 16, 2019 835.2.9 Person - defined "person" includes an individual, firm, business, corporation or partnership. 835.2.10 Proprietor - defined "proprietor" means a person who controls, governs or directs the activity carried on within a public place and includes a person actually in charge of the premises at any particular time. 835.2.11 Public place - defined "public place" means any building, structure, vessel, vehicle or conveyance, or part thereof, whether covered by a roof or not, where the public has access as of right or by invitation, expressed or implied, whether or not a fee is charged for entry, including all parks and trails, but does not include a street, road or highway. 835.2.12 Smoke or smoking - defined "smoke" or "smoking" includes the carrying of lighted tobacco, cigar, cigarette, pipe or any other lighted smoking equipment. 835.2.13 Special community event - defined "special community event" means any temporary event that is recognized by the City of Woodstock where there is a congregation of youth or children. These events may include but not be limited to a parade, outdoor concerts, sports tournament, Canada Day celebration, Sidewalk Sales Days or Cowapalooza. 835.2.14 Vape or Vaping - defined "vape" or "vaping" means to inhale or exhale the vapour produced by an electronic cigarette or similar device, or holding or otherwise having control of an electronic device that is producing vapour, emissions or aerosol. 835.2.15 Workplace - defined "workplace" means a building, structure, vessel, vehicle or conveyance or part thereof, to which the public may or may not have access, either express or implied, in which one or more employees work, including any other area in the building, structure, vessel, vehicle or conveyance utilized by employees. Article 3 - Workplaces 835.3.1 Smoking - prohibited No person shall smoke or hold lighted tobacco in any workplace within the City of Woodstock whether or not a No Smoking sign is posted. (See Set Fine) 835.3.2 Vaping - prohibited No person shall vape or use an electronic cigarette in any workplace within the City of Woodstock whether or not a No Vaping sign is posted. (See Set Fine) 835.3.3 Smoking cannabis - prohibited No person shall smoke or hold lighted cannabis in any workplace within the City of Woodstock whether or not a No Smoking sign is posted. (See Set Fine) Page 5 of 11 Chapter 835 May 16, 2019 835.3.4 Employer - responsibility Every employer shall, within the area of his/her responsibility: a) ensure compliance with this Chapter; b) prohibit smoking in the workplace; c) inform each employee in the workplace that smoking is prohibited in the workplace; d) ensure that no ashtray or like paraphernalia is placed or permitted to remain in any part of the workplace; and (See Set Fine) e) ensure that any person who refuses to comply with this Chapter does not remain in the enclosed workspace f) prohibit smoking in any place described in Schedule 'A' and Schedule 'B' of this Chapter. 835.3.5 Exemption - private residence as part of workplace Sections 835.3.1,835.3.2, 835.3.3, and 835.3.4 do not apply to any part of a workplace that is primarily a private dwelling or that is a long-term care home, a retirement home, a supportive housing residence, a psychiatric facility, or a facility for veterans. A room must be designated as a controlled area for tobacco, cannabis, or electronic cigarettes and all residents who wish to use the room must be able to do so without assistance from an employee. The use of the room is limited to residents and the room is equipped with proper ventilation and signage. Article 4 - Public Places 835.4.1 Smoking - prohibited No person shall smoke or hold lighted tobacco in any public place, including any city park or trail within the City of Woodstock, whether or not a No Smoking sign is posted. (See Set Fine) 835.4.2 Vaping - prohibited No person shall vape or use an electronic cigarette in any public place, including any city park or trail within the City of Woodstock whether or not a No Vaping is posted. (See Set Fine) 835.4.3 Smoking cannabis - prohibited No person shall smoke or hold lighted cannabis in any public place, including any city park or trail within the City of Woodstock whether or not a sign is posted. (See Set Fine) 835.4.4 Exemption Nothing in this Chapter shall interfere with a person's right to smoke or vape medical cannabis, provided that the person can produce to an Officer the documentation required to demonstrate that they are authorized to use cannabis for their own medical purposes in accordance with Part 14 of the Cannabis Regulations (Canada) or in accordance with a court order. Page 6 of 11 Chapter 835 May 16, 2019 835.4.5 Proprietor - responsibility Every proprietor of a public place shall, within the area of his/her responsibility: a) ensure compliance with this Chapter; b) prohibit smoking, vaping, or smoking cannabis in the public place; c) ensure that no ashtray or like paraphernalia is placed or permitted to remain in any part of the public place; and (See Set Fine) d) prohibit smoking, vaping, or smoking cannabis in any place described in Schedule 'A' and Schedule 'B' of this Chapter. 835.4.6 Prohibited - municipal facility - distance No person shall smoke or hold lighted tobacco, vape or use an electronic cigarette, or smoke or hold lighted cannabis within a nine metre (29.53 feet) radius of any entrance of any municipal building. (See Set Fine) 835.4.7 Prohibited - bar patio or restaurant No person shall smoke or hold lighted tobacco, vape or use an electronic cigarette, or smoke or hold lighted cannabis in any bar patio or restaurant. (See Set Fine) 835.4.8 Prohibited - bus stop - distance No person shall smoke or hold lighted tobacco, vape or use an electronic cigarette, or smoke or hold lighted cannabis within a four metre (13.12 feet) radius of any City of Woodstock municipal bus stop. (See Set Fine) 835.4.9 Prohibited - other - outdoor property - Schedule 'A' No person shall smoke or hold lighted tobacco, vape or use an electronic cigarette, or smoke or hold lighted cannabis within a prescribed place within Schedule 'A' of this Chapter. (See Set Fine) 835.4.10 Prohibited - special community events - Schedule 'B' No person shall smoke or hold lighted tobacco, vape or use an electronic cigarette, or smoke or hold lighted cannabis within a prescribed place within Schedule 'B' of this Chapter. 835.4.11 Exemption - distances The prohibited distances described in this Chapter shall not extend into private property or encroach into an area fronting a neighbouring property where consent of the owner has not been previously granted. Article 5 - Signage 835.5.1 Signage - required Every employer and proprietor described in Article 3 and Article 4 shall ensure that the required signs are posted in accordance with the Smoke Free Ontario Act . (See Set Fine) Page 7 of 11 Chapter 835 May 16, 2019 Article 6 - Inspections 835.6.1 Inspection An officer may, at any reasonable time, enter any public place or workplace for the purpose of determining compliance with this Chapter. 835.6.2 Time of entry The power to enter and inspect a place without a warrant may be exercised only during the place's regular business hours or, if it does not have regular business hours, during daylight hours. 835.6.3 Dwellings The power to enter and inspect a place without a warrant shall not be exercised to enter and inspect a part of the place that is used as a dwelling unless reasonable notice has been given by the officer and consent to enter has been given by the occupier of the dwelling. 835.6.4 Use of force An officer is not entitled to use force to enter and inspect a place. 835.6.5 Identification An officer conducting an inspection shall produce, on request, proper identification. 835.6.6 Obstruction No person shall hinder, obstruct or interfere with an officer conducting an inspection, refuse to answer questions on matters relevant to the inspection or provide the officer with information, on matters relevant to the inspection that the person knows to be false or misleading. (See Set Fine) Article 7 - Enforcement 835.7.1 Fine - for contravention Every person who contravenes any of the provisions of this Chapter is guilty of an offence and upon conviction is liable to a fine as prescribed in the Provincial Offences Act. 835.7.2 Conviction - order prohibiting continuation If this Chapter is contravened and a conviction entered, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted. Article 8 - General Provisions 835.8.1 Conflict with other legislation If there is conflict between this Chapter, a provision of another City of Woodstock municipal by-law, an Act or regulation of an Act that deals with smoking, vaping, or the smoking of cannabis, the provision that is more restrictive of smoking, vaping, or smoking of cannabis prevails. Page 8 of 11 Chapter 835 May 16, 2019 835.8.2 Severability If any Section of this Chapter or part thereof is found in any court of law to be illegal or beyond the power of the municipality to enact, such Section or part thereof shall be deemed to be severable and all other Sections or parts of the Chapter shall be deemed to be separate and independent thereof and to be enacted as such. Article 9 - Repeal - Enactment 835.9.1 By-law - previous By-law 8461-08, as amended (City of Woodstock Municipal Code, Chapter 835) is hereby repealed. 835.9.2 Effective date This Chapter shall come into effect on May 16, 2019 . By-law 9301-19, May 16, 2019 Page 9 of 11 Chapter 835 May 16, 2019 Schedule 'A' - Other Outdoor Property The following are prescribed outdoor place pursuant to Section 835.4.9 of this Chapter. 1) Woodstock Hospital - all surrounding areas All areas including buildings, structures and open spaces located on Woodstock General Hospital Trust properties, known as: a) Woodstock Hospital, 310 Julianna Drive, in the City of Woodstock b) Woodstock Hospital Professional Center, 333 Athlone Avenue, in the City of Woodstock. 2) Kaylan Properties Limited - Tim Hortons Plaza All areas including buildings, structures and open spaces on the following properties: a) 20 Huron Street b) 709 Dundas Street c) 26 Huron Street, in the City of Woodstock. 3) Porta Holdings Limited - Goff Towers apartments The area within a nine metre radius of the entrances and exits on the following properties: a) 855 James Street b) 857 James Street c) 859 James Street, in the City of Woodstock. 4) LASU Investments Inc. - Lougheed's Fine Jewellery The area within a nine metre radius of the entrances and exits on the property known as: a) 501 Dundas Street, in the City of Woodstock, not to extend onto the public sidewalks. 5) LASU Investments Inc. - The Belly Comfort Cafe The area within a nine metre radius of the entrances and exits on the property known as: a) 497 Dundas Street, in the City of Woodstock, not to extend onto the public sidewalks. 6) Huron Park Baptist Church All areas including buildings, structures, and open spaces on the property known as: (a) 199 Berwick Street, in the City of Woodstock. 7) County Properties The area within a nine metre (29.5 feet) radius of the entrances and exits to buildings and structures on the following County of Oxford properties: a) 21 Reeve Street Page 10 of 11 Chapter 835 May 16, 2019 b) 21 Market Street c) 415 Hunter Street d) 419 Hunter Street e) 75 Graham Street f) 93 Graham Street g) 410 Buller Street h) 208 Bysham Street i) 377 Mill Street j) 221 Victoria Street South k) 364 Athlone Avenue l) 1235 Nellis Street m) 1809 Dundas Street n) 195 Admiral Street o) 441 Beards Lane p) 715066 Oxford Road 4, in the City of Woodstock. 8) All areas including buildings, structures and open spaces located at YMCA, 808 Dundas Street in the City of Woodstock. By-law 8461-08, June 5, 2008; Schedule 'B'; By-law 8500-08, November 6, 2008; By-law 8509-08, December 11, 2008. By-law 8522-09, April 2, 2009; By- law 8733-12, January 19, 2012; By-law 8782-12, June 7, 2012. Page 11 of 11 Chapter 835 May 16, 2019 Schedule 'B' - Special Community Events The following are prescribed places pursuant to Section 835.4.10 of this Chapter. By-law 8461-08, June 5, 2008;