Town of Stratford Smoke Free Bylaw (Bylaw 42) — full text, Stratford, Prince Edward Island

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot fc639cbeaa39 · verified 2026-09-27 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## TOWN OF STRATFORD SMOKE FREE BYLAW BYLAW NUMBER 42  BEING A BYLAW OF THE TOWN OF STRATFORD WITH RESPECT TO SMOKING PURSUANT TO THE PROVISIONS OF SECTION 180 (a) and (f) OF THE MUNICIPAL GOVERNMENT ACT, R.S.P.E.I 1988, CAP. M-12.1; AND WHEREAS THE GOVERNMENT OF PRINCE EDWARD ISLAND HAS REGULATED SMOKING IN PUBLIC PLACES AND WORKPLACES BUT HAS NOT EXPRESSLY PROHIBITED SMOKING IN MUNICIPALLY-OWNED OR OPERATED FACILITIES; AND WHEREAS SECTION 3 OF THE SMOKE-FREE PLACES ACT, R.S.P.E.I. 1988, CAP. S-4.2, PERMITS A BYLAW OF A MUNICIPALITY TO IMPOSE A MORE STRINGENT SMOKING RESTRICTION THEN THAT CONTAINED IN THE SMOKE-FREE PLACES ACT; AND WHEREAS IT IS DESIRABLE FOR THE HEALTH, SAFETY AND WELFARE OF ITS RESIDENTS TO PROHIBIT SMOKING IN TOWN-OWNED OR OPERATED FACILITIES; BE IT ENACTED by the Council of the Town of Stratford as follows: ## 1. DEFINITIONS AND INTERPRETATIONS - 1.1. In this By-law, - (a) "Town" means The Town of Stratford; - (b) "Council" means the Town Council of the Town of Stratford; - (c) "Sidewalk" means that portion of a street between the curb line or the lateral line of the roadway and the adjacent property line that is set apart for the use of pedestrians, and includes any part of a street set apart or marked as being for the exclusive use of pedestrians; - (d) "Playground" means a landscaped open space equipped with children's play equipment such as slides, swings and other similar equipment or facilities; - (e) "Sports Field" means an area of land landscaped and graded to accommodate various outdoor sports, and may include features such as bleachers, fencing, washrooms and accessory buildings; - (f) "Town Property" means any land, building, structure or premise to which the Town, or a corporation wholly owned by the Town, holds right of ownership, including any land building, structure or premise which is leased by or to the Town; (g) "Parkland" means land owned by the Town or some other level of government used or intended for use by members of the public; (h) "Smoke", as a verb, means to smoke, utilize, hold or otherwise have control over: i. an ignited tobacco product or, an operating Electronic Smoking Device, Waterpipe or other device or instrument used or intended to be used to deliver vapour or smoke by inhalation from the device or instrument in a manner that resembles smoking tobacco; "Electronic Smoking Device" means an electronic or battery-operated device used or intended to be used to deliver vapourized solutions by inhalation from the device in a manner that resembles smoking tobacco, such as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or electronic Waterpipe; (i) "Waterpipe" means an instrument used or intended to be used to smoke tobacco or other products, in which smoke or vapor generated during its operation passes through a liquid before it may be inhaled from the instrument; (k) "Tobacco Product" means a product manufactured from tobacco and intended to be smoked; 11) "Spectator Seating Area" means any area designated for the viewing of a - sport or event. - SMOKING PROHIBITED - 2.1. No person shall Smoke on any Town Property, Parkland, Playground, Sports field, or any Spectator Seating Area regardless of whether a "No smoking" sign is 2.2. No person shall Smoke within six meters of the entrance or exit of any place referenced in section 2.1. 2.3. - Notwithstanding section 2.1, such prohibition of Smoking shall not apply to a Sidewalk located within the provincial right-of-way. ## SIGNAGE - 3.1. The Town may post and maintain "No Smoking" signs at the locations referenced in section 2.1, in accordance with the signage provisions set forth in Section 6 of the Town's Zoning and Subdivision Control (Development) Bylaw (Bylaw # 29). ## ENFORCEMENT AND OFFENCES - 4.1. The prosecution of offences under this Bylaw shall be in accordance with the Town's Summary Proceedings Bylaw (Bylaw # 34). - 4.2. This Bylaw may be enforced and any breach thereof may be restrained by application by the Council to the Supreme Court of the Province of Prince Edward Island in accordance with subsection 225 of the Municipal Government Act (Prince Edward Island) or any successor Act or provision. - 4.3. Any person who observes another person acting contrary to this Bylaw may submit to the Town's municipal office a Smoke-Free Bylaw Offence Witness Statement in the form hereto annexed in Schedule "A". - 4.4. Any person who contravenes any provision of this Bylaw is guilty of an offence and liable on summary conviction to a fine of not less than $100 and not more than $500 and, in default of payment of any fine imposed, to imprisonment for a term not exceeding 60 days. - 4.5. A contravention of this Bylaw that is of a continuing nature constitutes a separate offence in respect of each day or part of a day that it continues. - 4.6. Where any person contravenes the same provision of this Bylaw twice in one year, that person is guilty of an offence and liable on summary conviction to a fine of not less than $200 and not more than $1,000 and, in default of payment of any fine imposed, to imprisonment for a term not exceeding 60 days. - 4.7. Where any person contravenes the same provision of this Bylaw three or more times in one year, that person is guilty of an offence and liable on summary conviction to a fine of not less than $300 and not more than $1,500, and in default of payment of any fine imposed, to imprisonment to a term not exceeding 60 days. ## 5. CONFLICTS - 5.1. If a provision of this Bylaw conflicts with any federal or provincial law or regulation, or another Bylaw, the provision that is the most restrictive of smoking shall prevail. ## 6. EFFECTIVE DATE - 6.1. This bylaw shall be effective on the date of approval and adoption.   ## First Reading: This Bylaw was read and formally approved by a majority of Council members present at the Council meeting held on the 11 day of To ly \_ 2018. ## Second Reading: This Bylaw was read and formally approved by a majority of Council members present at the Council meeting held on the 8 cd day of August, 2018. Approval and Adoption by Council: This bylaw was formally adopted by a majority of Council members present at the Council meeting held on the 8 tr \_ day of August 2018. This bylaw is hereby declared to be passed and proclaimed as a bylaw of the Town of Stratford on this 8t4 day of Augurt, 2u1g Witness the corporate seal of the Town. Dain Sungly hief Administrative Officer This Bylaw was filed with the Minister of Communities, Land and Environment on this ge of September. 2018. ## SCHEDULE "A" ## SMOKE FREE BYLAW  Town of Stratford, 234 Shakespeare Drive, Stratford, PE C1B 2V8 Please fax to (902) 569-5000, or email to: [email protected] Attention: Smoke-Free Enforcement ## SMOKE FREE BYLAW OFFENCE WITNESS STATEMENT Your name: Address: Phone: Email: Date and time of occurrence: Name of person you observed smoking in a designated no smoking area (if available): Did you know the person personally? If yes, how? - [ ] Yes D - [ ] NoO 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? What colour was the filter? Could you see the smoke from the cigarette? If winter, what was the approximate air temperature? - [ ] Yes - - [ ] NoO - [ ] YesO - [ ] NoD Are you certain that what you saw was smoke and not expelled breath? Yes - NoD Could you smell the smoke? - [ ] YesO - [ ] NoO Would you recognize the smell of smoke for another product? How? - [ ] YesU - [ ] NoD Please give any other pertinent information: Date Signature Please be advised that by submitting and signing this witness statement, you may be called upon to present evidence in court should this matter result in charges or proceed to trial.  ## THE TOWN OF STRATFORD RESOLUTION ## SC004-2018 Smoke Free Bylaw - Bylaw #42 - Adoption Motion Carried Motion Lost Motion Withdrawn Council Chambers Town Hall August 8, 2018 Committee Moved by Councillor Seconded by Councillor Sustainability Committee Jody Jackson Steve Ogden WHEREAS Bylaw #42, the Smoke Free Bylaw, was read and approved a first time on July 11, 2018; and WHEREAS Bylaw #42, the Smoke Free Bylaw, was read and approved a second time on August 8, 2018. BE IT RESOLVED that Bylaw #42, the Smoke Free Bylaw, be hereby adopted and that the Mayor and Chief Administrative Officer be authorized to affix their signatures and the corporate seal of the Town thereto and to be formally declared the said bylaw Passed.