This is the exact embedded text of the captured official document.
Snapshot 57c99681b255 · verified 2026-08-29 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE
TOWNSHIP OF ZORRA
BY-LAW NO. 38- 19
BEING A BY-LAW TO REGULATE AND PROHIBIT THE SMOKING OR VAPORIZING
OF RECREATIONAL SMOKING PRODUCTS IN THE TOWNSHIP OF ZORRA
AND REPEAL BY- LAWS 42- 15 AND 26- 03
WHEREAS section 115 of the Municipal Act, 2001 , S. O. 2001 , c. 25, as amended ( the
Municipal Act"), provides that a municipality may prohibit or regulate the smoking of
tobacco in public places and workplaces within the municipality;
AND WHEREAS section 10 of the Municipal Act provides that a municipality may pass
by- laws
respecting
the
economic, social
and
environmental
well- being
of
the
municipality, the
health, safety
and
well- being
of
persons, and
the
protections
of
persons and property;
AND WHEREAS
section
128( 1) of said Act provides that a municipality may prohibit
and regulate with respect to matter that in the opinion of Council are or could be public
nuisances;
AND WHEREAS it has been determined that second- hand smoke and vapour are a
health hazard or discomfort for many inhabitants and visitors to the Township of Zorra;
AND WHEREAS the establishment of a community standard of smoke-free public
places assists in de- normalizing tobacco, electronic cigarette and cannabis use and
promotes a smoke-free and vapour-free culture;
AND WHEREAS Section 18 of the Smoke- Free Ontario Act, 2017, S. O. 2017, c.26, as
amended (" Smoke
Free Ontario Act"), 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 the 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 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 provides that a municipality may
establish a system of fines for offences under a By- law of the municipality passed under
that Act;
AND WHEREAS the Council of The Corporation of the Township of Zorra deems it
necessary to repeal By- law No. 42- 15, as amended and By- law No. 26- 03;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
ZORRA ENACTS AS FOLLOWS:
1. 0. Definitions
a) " Authorized Person" means any individual employed by or authorized by the
Township of Zorra as a Municipal By- law Enforcement Officer to enforce this by-
law, or any officer of the Ontario Provincial Police.
b) " By-law Enforcement Officer(s)" means a person or persons duly empowered
by the Council of the Corporation of the Township of Zorra to enforce the various
by- laws of the municipality and to carry into effect the provisions of any Act of the
Legislature of the Province of Ontario to be enforced by the municipality.
The Corporation of the Township of Zorra
Page 2
By-law No. 38- 19
c) " Cannabis" has the same meaning
as in subsection 2 (
1)
of the Cannabis Act
Canada);
d) " Council" means the Township Council of the Corporation of the Township of
Zorra;
e) " Electronic
Cigarette" or " E- Cigarette" means
a
vaporizer
or
inhalant-type
device, whether called an electronic cigarette or any other name, that contains a
power source and heating element designed to heat a nicotine- based liquid
substance or e-substance to produce a vapour intended to be inhaled by the user
of the device directly through the mouth.
f) "Employee" means a person who performs any work for or supplies any services
to
an
employer, or a person who receives any instruction or training
in the
activity, business, work, trade, occupation or profession of an employer.
g) " Employer" includes an owner, operator, proprietor, manager, superintendent,
overseer, receiver or trustee
of an activity, business, work, trade, occupation,
profession, project or undertaking who has control or direction of, or is directly or
indirectly responsible for, the employment of a person in it.
h) " Enclosed Public Place" means the inside of any place, building or structure or
vehicle or conveyance or part of any of them,
a. That is covered by a roof; and
b. To
which
the
public
is
ordinarily
invited
or
permitted
access, either
expressly or by implication, whether or not a fee is charged for entry.
i) "
Enclosed Workplace" means the inside of any place, building or structure or
vehicle or conveyance or part of any of them,
a. That is covered by a roof;
b. That employees work in or frequent during the course of their employment
whether or not they are acting in the course of their employment at the
time; and
c. That is not primarily a private dwelling.
j) " E- substance" means a substance that is manufactured or sold to be used in an
electronic cigarette.
k) " Highway" or " highways" means all allowances for roads made by the Crown
Surveyors, all highways laid out or established under the authority of any statue,
all roads on which public money has been expended for opening them or on
which
status labour
has been
usually
performed, all roads dedicated
by the
owner of the land to
public uses, and all alterations and deviations of and all
bridges over any such allowance for road, highway or road, are common
and
public highways in the Township of Zorra.
1) "
Municipal
Sidewalk" means
a
walkway
intended
for
pedestrians
located
between that portion of a highway intended for the general passage of vehicles
and the lateral property line, but does not include a sidewalk located within the
boundary of a Township owned property.
m)" Officer" means a Municipal Law Enforcement Officer appointed by Township of
Zorra
municipal
Council, a
Police
Officer and
any Public
Health
Inspector
employed by the County of Oxford who is also duly appointed by the Minister of
Health for the enforcement
of the
Smoke
Free Ontario Act
and
regulations
thereto.
The Corporation of the Township of Zorra
Page 3
By-law No. 38- 19
n) " Outdoor Community Meeting Area" means the whole or part of any outdoor
area owned, leased or controlled by the Township which the public has access
by right or invitation, expressed or implied, whether by payment of money or not.
o) " Outdoors" means
any
open
space
which
is
outside
of
a facility, building,
structure, premise including any temporary building, structure
or part thereof,
whether covered by a roof or not.
p) " Park" means
any
land, owned
or leased
or controlled
by the Township,
designed or used for public recreation, including but not limited to: trails, gardens,
playgrounds, sports fields, playing fields and swimming pools.
q) " Person" includes an individual or corporation and shall include the plural where
the context requires. Wherever the word " he" or " him" is used, it shall mean and
include the feminine or neuter gender wherever the context so requires.
r) " 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
swings, slides, climbing
apparatus, facilities
expressly designed for skate boarding.
s) " Proprietor
or Other
Person
in
Charge" means
the
person ( individual
or
corporation) who owns, occupies or operates a designated public place or an
enclosed workplace to which this By- law applies, or the person who controls,
governs, or directs the activities that are carried on in the place, and includes the
person who is actually in charge at any particular time.
t) " Public Place" means the whole or any part of any building, place or area to
which
members
of
the
general
public
are
invited
or
permitted
access
to
regardless
of whether it is
owned by
a
public
or
private entity, but does
not
include any area located on a Highway.
u) " Smoke
or Smoking" includes
the
carrying, holding
or inhaling
of lighted
cannabis, a lighted
cigar, cigarette, water- pipe, or any other lighted smoking
equipment.
v) " Smoking Product" means tobacco, cannabis, and similar products that shall
include but is not limited to non- tobacco herbal shisha and other plant material or
oils, whose primary purpose is to be burned or heated to produce vapours, gases
or smoke intended for inhalation.
w)" Spectator Seating Area" means any area designated for the viewing of a sport.
x) " Sports
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, which includes but is not limited to a baseball
field, soccer pitch, volleyball court, player or spectator bench, ice rink, and lawn
bowling field.
y) " Township" means the Corporation of the Township of Zorra.
z) " Township facility" means
any building, structure
or
premise
to
which
the
Township holds right of ownership to, including a building, structure or premise
which is leased by the Township.
aa) " Township
property" means
property
which
belongs
exclusively
to
the
Township of Zorra and to which legal rights apply.
The Corporation of the Township of Zorra
Page 4
By-law No. 38- 19
bb)" Vaporizer" means an inhalant-type device that contains a power source 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, cannabis or any other substance.
cc) " Vaporizing," "Vape," and " Vaping" means
the
act
of carrying, holding or
inhaling of cannabis, tobacco, an e- substance or other similar substance with a
vaporizer or electronic cigarette for the purpose of inhalation and may produce
vapour, emissions or aerosol.
dd) " Waterpipe" means
a
device
in
which
the
vapours, gases
or
smoke
of
a
smoking product passes through liquid prior to being inhaled, and shall include
but is not limited to a bong or hookah.
2. 0. Applicability
2. 1 .
This By- law
applies
to the smoking
and vaporizing
of tobacco, cannabis, e-
substance, shisha, whether or not it contains tobacco, and other plant material or
oils
intended for inhalation
in
every
designated
public
place
and
in
every
enclosed workplace within the geographic limits of the Township of Zorra.
2. 2. This By- law does not apply to privately owned property containing one or more
dwellings.
2. 3. This By-law does not apply to a person who is entitled to possess cannabis
pursuant to a medical document issued pursuant to the Access to Cannabis for
Medical
Purposes
Regulations, SOR12016-230
or
successor
legislation
or
regulations.
3. 0. Administration
3. 1 .
The Township of Zorra and Southwestern Public Health are responsible for the
administration and enforcement of this By- law.
4.0. General Prohibitions
4. 1 .
No person shall contravene any prohibitions set out in the Smoke- Free Ontario
Act, 2017, S. O. 2017, c. 26, Sched. 3, as amended from time to time, including:
a) No person shall smoke or vape, regardless of whether or not a " No Smoking"
and/ or "No Vaping" sign is posted in the following places:
1)
An enclosed public place;
2) An enclosed workplace;
3) All
schools, including
private
schools, within
the
meaning
of the
Education Act;
4) A child care centre, a place where home child care is provided and/ or a
place where an early years program or service is provided within the
meaning of the Child Care and Early Years Act, 2014,-
5)
014,(
5)
The reserved seating area of a sports arena or entertainment venue;
6) Outdoors
on Township
property, including but not limited to parks,
playgrounds, natural
areas, outdoor community
meeting
areas
and
walkways;
7) Outdoors on any community recreational facility; and
8) A Township facility.
b) Notwithstanding the
provisions
of section 4. 1 .( a), no
person
shall
smoke
or
vape, regardless of whether or not a " No Smoking" and/ or " No Vaping" sign is
posted, on any public areas that fall within the following conditions:
The Corporation of the Township of Zorra
Page 5
By-law No. 38- 19
1)
Within twenty ( 20) metres of any point on the perimeter of a children' s
playground;
2) Within twenty ( 20) metres of any point on the perimeter of a school,
including private schools, as defined in the Education Act,
3) Within twenty (20) metres of any point on the perimeter of outdoor
grounds of a community recreational facility;
4) Within twenty ( 20) metres of any point on the perimeter of a sporting
arena or spectator area; and
5) Within a nine ( 9) metre radius surrounding any point on the perimeter
of restaurant and bar patios.
5. 0. Exemptions
5. 1 .
Notwithstanding
section 4. 0., such prohibition of smoking and vaping shall not
apply to the following:
a) A municipal sidewalk; and
b) Special
events
within
the Township, at
a Township facility, which
have
received special permission from the Southwestern Public Health.
6. 0. Employer Obligations
6. 1 .
Every employer shall, with respect to an enclosed workplace,
a) Ensure compliance with this section;
b) Give notice to each employee in an enclosed workplace that smoking and
vaping is prohibited in the enclosed workplace;
c) Ensure that no ashtrays, waterpipes, or similar equipment remain
in the
enclosed workplace, other than a vehicle in which the manufacturer has
installed an ashtray; and
d) Ensure that a person who refuses to comply with section 4. 0. does not
remain in the enclosed workplace.
7. 0. Proprietor or Other Person In Charge Obligations
7. 1 .
Every proprietor or other person in charge of an enclosed public place shall, with
respect to an enclosed public place,
a) Ensure compliance with this section;
b) Give notice to each person in the enclosed public place that smoking and
vaping is prohibited in the enclosed public place;
c) Ensure that no ashtrays, waterpipes, or similar equipment remain
in the
enclosed workplace, other than a vehicle in which the manufacturer has
installed an ashtray; and
d) Ensure that a
person who refuses to comply with
section 4. 0. does not
remain in the enclosed public place.
7. 2. Every proprietor or other person in charge of a designated public place or an
enclosed workplace in which smoking or vaporizing are prohibited shall ensure
compliance with this By-law.
8. 0. Signs
8. 1 .
Signs
shall
be
posted
and
maintained
in
accordance
with
the
Smoke-Free
Ontario Act, S. O. 2017 c.26, Schedule 3, and as prescribed by the Township of
Zorra' s Chief Building Official, or designate.
The Corporation of the Township of Zorra
Page 6
By-law No. 38- 19
8. 2. Every proprietor or other person in charge of an enclosed workplace or any
enclosed public place must ensure that signs, as prescribed by sections 6. 0 and
7. 0
of
this
By- Law, are
posted
and
maintained
in
a
sufficient
number
of
conspicuous places so as to identify clearly that smoking and vaporizing are
prohibited as per the provisions held within this By- law.
8. 3. The signs, as prescribed by sections 6. 0 and 7. 0 of this By-law shall have a sign
area that is at least 10 centimetres ( 4 inches) by 10 centimetres ( 4 inches) and
includes the depiction of the international " No Smoking" symbol, which may or
may not read " No Smoking".
8. 4. A reference to a By- Law of a former municipality, or to a predecessor to this By-
Law on
any sign
that identifies
a designated
public
place or an
enclosed
workplace in which smoking or vaporizing are prohibited
is deemed to be a
reference to this by- law.
9. 0. Enforcement
9. 1 .
The
provisions
of
this
By- law
respecting
the
prohibition
of
smoking
and
vaporizing in designated public places and in enclosed workplaces, the posting of
signs, and
the duties
imposed
on
proprietors
or other persons
in
charge of
designated public places and of enclosed workplaces will be enforced by the By-
law Enforcement Officer or authorized
person deemed to
be an agent of the
Corporation of the Township of Zorra.
9. 2. The Officer may, at any time, enter any designated public place or any enclosed
workplace in which smoking and vaporizing are prohibited to determine whether
this by- law
is
being
complied
with
and, for
this
purpose, may
make
such
examinations, investigations and inquiries as are necessary.
9. 3. Where an Officer has reasonable grounds to believe that an offence under this
By- law has
been
committed by
a
person, the Officer may require the name,
address and proof of identity of that person.
9. 4. Failure to provide proof of identification satisfactory to an Officer when requested
to do so pursuant to section 9. 4 of this By-law shall constitute obstruction of an
Officer under section 9. 3 of this By-law.
9. 5. Any person who observes another person acting in contrary to this By-law may
submit a Smoke Free Ontario Act Witness Statement ( see Schedule `A' in this
By- law) to the Township Office.
10. 0. Offences
10. 1.
Any person who contravenes or fails to comply with any provisions of this By-law
shall be guilty of an offence and upon conviction is liable to a fine as prescribed in
the Provincial Offences Act, R. S. O. 1990, as amended.
10. 2. No person shall obstruct or hinder or attempt to obstruct or hinder an Officer or
other authorized employee or agent of the Township in the exercise of a power of
the performance of a duty under this By- law.
11. 0. Administrative Penalties
11. 1.
The Officer shall have the authority to use his or her discretion to issue an
administrative penalty to a person who has contravened this by-law in lieu of
proceeding by way of laying a charge under the Provincial Offences Act R.S. O.
1990, c. P.33, as amended. If an administrative penalty is issued to a person for the
breach, no charge shall be laid against the same person for the same breach.
11. 2. Notwithstanding any other provisions of this part in respect to penalties for violation
of the provisions of this By-law, any person may, upon presentation of an infraction
The Corporation of the Township of Zorra
By-law No. 38- 19
Page 7
notice issued by an Officer alleging commission of any of the offences under this
By- law set out in Schedule "B", pay out of Court within the time limit specified on the
said infraction notice the penalty set out opposite such offence as indicated in
Schedule " B" to this By- law. Upon such payment no further proceedings shall be
taken under this By-law in respect to the said alleged offence.
11. 3.
If a voluntary payment is not made in accordance with the procedure provided in
Section
11. 2, the procedures of the Provincial Offences Act, or any successor
thereof, shall apply.
12.0. Conflicts
12. 1.
If there is a conflict between a provision of any Act, regulation or By-law and a
provision of this By-law, the provision that is the most restrictive of the smoking or
vaporizing of tobacco, cannabis and electronic cigarettes prevails.
13. 0. Severability
13. 1.
If any section of this by-law 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 by-law shall be
deemed to be separate and independent thereof and to be enacted as such.
14.0.
Repeal
14. 1.
By-law 42- 15 as amended, and By-law 26-03, of the Corporation of the Township of
Zorra are now repealed in their entirety.
15.0.
Enactment
15. 1.
This by-law shall come into effect on the day it is passed.
READ A FIRST AND SECOND TIME THIS 17th day of JULY, 2019.
READ A THIRD TIME AND FINALLY PASSED THIS 17th day of JULY, 2019.
91:&
MAYOR
MARCUS RYAN
CL
K
V
KAREN MARTIN
Schedule " A"
By-law No. 38- 19:
SMOKING AND VAPORIZING
THE CORPORATION OF THE
TOWNSHIP OF ZORRA
ZorrarOURI
PART
274620 27TH LINE, P. O. BOX 306
TOWNSHIP
INGERSOLL, ONTARIO N5C 31< 5
Please fax to: 519- 485- 2520 or email to: [email protected]. ca
Attention: Smoke Free Enforcement
SMOKE FREE ONTARIO ACT
WITNESS STATEMENT
Date and Time of Occurrence
Name of Person you observed smoking and/or vaping in a designated no smoking area:
Do you know the person personally?
Yes
No
If yes, how?
If no, how did you identify the person?
When you witnessed the offence, where were you standing?
How far away from the person were you?
Could you tell the colour of the cigarette filter?
Yes
No
What colour was the filter?
Could you see the smoke from the cigarette?
Yes
No
If winter, what was the approximate air temperature?
Are you certain that what you saw was smoke and not expelled breath? Yes
No
Could you smell the smoke?
Yes
No
Did it smell like tobacco smoke?
Yes
No
Would you recognize the smell of smoke for another product? Yes
No
How?
Please give any other pertinent information:
Date
Signature
Corporation of the Township of Zorra
Part I Provincial Offences Act
By-law No. 38- 19: Smoking and Vaporizing
Schedule " B"
Item
Short Form Wording
Provision Creating
Set Fine
or
Defining Offence
1.
Smoking or vaping in an enclosed
Section 4. 1. a.( 1)
200. 00
public place.
2.
Smoking or vaping in an enclosed
Section 4. 1 . a.( 2)
200. 00
workplace.
3.
Smoking or vaping in a school.
Section 4. 1. a.( 3)
200. 00
4.
Smoking or vaping in a child
Section 4. 1. a.( 4)
200. 00
centre, a place where home child
care is provided or a place where
an early years program is
provided.
5.
Smoking or vaping in the reserved
Section 4. 1 . a.( 5)
200. 00
seating area of a sports arena or
entertainment venue.
6.
Smoking or vaping outdoors on
Section 4. 1 . a.( 6)
200. 00
Township property.
7.
Smoking or vaping outdoors on
Section 4. 1 . a.( 7)
200. 00
any community recreational
facility.
8.
Smoking or vaping in a Township
Section 4. 1 . a.( 8)
200. 00
facility.
9.
Smoking or vaping within 20
Section 4. 1 . b.( 1)
200. 00
metres of a children' s playground.
10.
Smoking or vaping within 20
Section 4. 1 . b.( 2)
200. 00
metres of a school.
11.
Smoking or vaping within 20
Section 4. 1 . b.( 3)
200. 00
metres of outdoor grounds of a
community recreational facility.
12.
Smoking or vaping within 20
Section 4. 1. b.( 4)
200. 00
metres of a sporting arena or
spectator area,
13.
Smoking or vaping within 9 metres
Section 4. 1 . b.( 5)
200. 00
of a restaurant and bar patio.
14.
Obstructing
or
attempting
to
Section 10. 2.
200. 00
obstruct an Officer.
Note: The general penalty provision for the offences listed above is Section 10. 1 of By-
law 38- 19, a certified copy of which has been filed.
OFFICE OF THE REGIONAL SENIORJUSTICE
ONTARIO COURT OF JUSTICE
WEST REGION
80 DUNDAS STREET, 10"' FLOOR, UNIT L
LONDON, ONTARIO
N6A 6A8
October 28, 2019
Karen Martin
Township of Zorra
274620 27th Line, PO Box 306
Ingersoll, ON N5C 3K5
Dear Ms. Martin:
ftCABINET DU JUGE PRINCIPAL REGIONAL
COUR DE JUSTICE DE L' ONTARIO
REGION
DE L' OUEST
Deus
80, RUE DUNDAS, I Oe ETAGE, UNITE L
LONDON ( ONTARIO) N6A 6A8
TELEPHONE/ TELEPHONE ( 519) 660-2292
FAX/ TELECOPIEUR ( 519) 660- 3138
Re: Set Fines - Provincial Offences Act - Part I
By- law Number 38- 19, of the Township of Zorra
f1 C:
E1V_ fl
TO
N 11IP 0E- ZURRA
Enclosed herewith is an original Order, and an original schedule of set fines
for the above referenced By -Law, the By- law indicated in the schedule.
The setting of the fines does not constitute my approval of the short form of
wording used to describe the offences.
I have forwarded the copy of the Order and the schedule of set fines to the
Provincial Offences Court in Woodstock together with a copy of the By- law.
Yours truly,
Jeanine E. LeRoy
Regional Senior Justice
West Region
encl.
mg
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
Part I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court of Justice that the amount set opposite each
of the offences in the schedule of offences under the Provincial Statutes
and
Regulations
thereunder
and
Municipal
By-law
No. 38- 19, of
the
Township of Zorra, attached hereto are the set fines for those offences. This
Order is to take effect October 28, 2019.
Dated at London this 28th day of October 2019.
Je
Regional Senior Justice
West Region
Corporation of the Township of Zorra
Part I Provincial Offences Act
By-law No. 38- 19: Smoking and Vaporizing
Schedule " B"
Item
Short Form Wording
Provision Creating
Set Fine
or
Defining Offence
1.
Smoking or vaping in an enclosed
Section 4. 1. a.( 1)
200. 00
public place.
2.
Smoking or vaping in an enclosed
Section 4. 1. a.( 2)
200. 00
workplace.
3.
Smoking or vaping in a school.
Section 4. 1. a.( 3)
200. 00
4.
Smoking or vaping in a child
Section 4. 1. a.( 4)
200.00
centre, a place where home child
care is provided or a place where
an early years program is
provided.
5.
Smoking or vaping in the reserved
Section 4. 1. a.( 5)
200. 00
seating area of a sports arena or
entertainment venue.
6.
Smoking or vaping outdoors on
Section 4. 1. a.( 6)
200. 00
Township property.
7.
Smoking or vaping outdoors on
Section 4. 1. a.( 7)
200. 00
any community recreational
facility.
8.
Smoking or vaping in a Township
Section 4. 1. a.( 8)
200. 00
facility.
9.
Smoking or vaping within 20
Section 4. 1. b.( 1)
200. 00
metres of a children' s playground.
10.
Smoking or vaping within 20
Section 4. 1. b.( 2)
200. 00
metres of a school.
11.
Smoking or vaping within 20
Section 4. 1. b.( 3)
200. 00
metres of outdoor grounds of a
community recreational facility.
12.
Smoking or vaping within 20
Section 4. 1. b.( 4)
200. 00
metres of a sporting arena or
spectator area,
13.
Smoking or vaping within 9 metres
Section 4. 1. b.( 5)
200. 00
of a restaurant and bar patio.
14.
Obstructing
or
attempting
to
Section 10. 2.
200. 00
obstruct an Officer.
Note: The general penalty provision for the offences listed above is Section 10. 1 of By-
law 38- 19, a certified copy of which has been filed.