BY-LAW NUMBER  2003-11    (Passed)

OF

The Corporation of the Municipality of Billings

 

A Bylaw to Regulate Smoking

In Public Places and Workplaces in the Corporation of the Municipality of Billings

 

WHEREAS section 115 of the Municipal Act, 2001, C. 25, as amended, authorizes the council of a local municipality to pass  by-laws  regulating the smoking of tobacco in public places and workplaces within the municipality and designating public places or workplaces or classes or parts of such places as places in which smoking tobacco or holding lighted tobacco is prohibited;

 

AND WHEREAS it has been determined that environmental tobacco  smoke ( exhaled smoke and the smoke from lighted cigarettes, cigars or pipes), also known as second-hand smoke, is a health hazard because of its adverse effects and risk to the health of  the inhabitants and workers in the Corporation of the Municipality of Billings;

 

AND WHEREAS it is desirable for the health, safety and welfare of the inhabitants and workers of the Corporation of the Municipality of Billings to provide for the prohibiting and abating of smoking and second-hand smoke in accordance with the provisions of this by-law ;

 

AND WHEREAS the Medical Officer of Health of the Sudbury & District Health Unit has declared that second-hand smoke is a serious health hazard for adults, children, and employees;

 

NOW THEREFORE the Council of the Corporation of the Municipality of Billings hereby ENACTS as follows:

 

Part 1

 

1.       DEFINITIONS

 

In this by-law,

 

1.1            "common area" means the common areas of any building or structure, including a commercial or retail establishment, residential condominium or multiple dwelling unit apartment building;

 

1.2      “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;

 

1.3      “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;

 

 

1.4      “inspector” means any employee or class of employee of the Manitoulin District Health Unit authorized by the Medical Officer of Health to carry out an inspection under and to enforce  the provisions of this by-law , or a person or class of person appointed by Council of the Municipality as a by-law enforcement officer to enforce this by-law;

 

1.5      “outdoor patio” means an outdoor area or partially enclosed outdoor area that is adjacent to an establishment where food or beverages are sold and where food or           beverages or both are consumed by the public; 

 

1.6            “enclosed” means closed in by roof or ceiling and walls with an appropriate opening or openings for ingress and egress;

 

1.7            “proprietor” means the person who owns, occupies or ultimately controls, governs or directs the activity carried on within a public place and includes the person actually in charge of the premises ;

 

1.8      “public place” means any building, structure, vessel, vehicle or conveyance, or part thereof, to which the public has access as of right or by invitation, expressed or implied, whether or not a fee is charged for entry, and includes common areas but does not include an outdoor patio or a street, road or highway;

 

1.9      “smoke” or “smoking” includes the carrying of a lighted cigar, cigarette, pipe or any other lighted smoking equipment, but does not include smoke or smoking where smoke or smoking is used in a stage production or theatrical performance;

 

1.10     “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, but does not  include an outdoor patio;

 

1.11        "TOWN" means the Corporation of the Municipality of Billings.

 

 

 

 

 

PART II

 

2.       WORKPLACE REQUIREMENTS

 

2.1      No person shall smoke in any workplace within the Municipality whether or not a no Smoking sign is posted.

 

 

PART III

 

3.       EMPLOYER OBLIGATIONS

 

 

3.1      Every employer shall:

 

         (i)         ensure compliance with this by-law;

 

         (ii)        prohibit smoking in the workplace;

 

         (iii)       inform each employee in the workplace that smoking is prohibited in the  workplace;

 

 

3.2      Section 2.1 does not apply to,  

           (i)       a part of a workplace that is used as a private residence ; or  

         (ii)        a workplace located in a dwelling where the only employees of that  workplace are persons who live in the dwelling.

 

 

PART IV

 

4.       PUBLIC PLACE REQUIREMENTS

 

4.1            No person shall smoke or hold lighted tobacco in any public place within the Municipality whether or not a No Smoking sign is posted.

 

5.        PROPRIETOR OBLIGATIONS

 

5.1      Every proprietor of a public place shall: 

           (i)        ensure compliance with this bylaw; 

           (ii)       prohibit smoking  or holding lighted tobacco; 

           (iii)      post No Smoking signs as provided for in subsection 6 of this bylaw conspicuously throughout the establishment where smoking is prohibited;

 

(iv)              prohibit ashtrays and like paraphernalia in all areas where smoking is prohibited;  

(v)                inform any person who is smoking in a prohibited area that smoking in that area is prohibited;_

 

 

 

PART VI

 

 

6.       SIGNAGE REQUIREMENTS

 

6.1      Every employer and every proprietor shall post and maintain in conspicuous locations at each entrance to the facility and in the washrooms, a sign at least 14 centimeters (5.5 inches) by 14 centimeters (5.5 inches) in size that includes depiction of the international No Smoking symbol at least 7.5 centimeters ( 3 inches) , and lettering at least 0.8 centimeters (5/16 inch) high and at least 0.2 centimeters (1/16 inch) wide at the narrowest point, with the rest of the letter sized proportionately, which reads “The Corporation of the Municipality of Billings; Maximum Fine ($5000.00)”

 

6.2      Where a No Smoking sign is required to be placed or posted under this by-law, the sign shall have the proportions, characteristics and minimum measurements  as set out in Section 4.1 as depicted in “Schedule A” and consists of two (2) contrasting colours, or if the lettering and graphic symbol is to be applied directly to surface or to be mounted on a clear panel, the lettering and graphic symbol shall contrast with the background.

 

6.3      Despite the fact that the symbol referred to in “Schedule A” is a cigarette, it may include a lighted cigar, cigarette, pipe or any other lighted smoking instrument.

 

6.4      Deviations from the colour or content of the sign prescribed by this section that do not affect the substance or that are not calculated to mislead do not vitiate the sign.

 

 

PART VII

 

7.       OFFENCES

 

7.1      Any person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine in accordance with the Provincial Offences Act, R.S.O. 1990, chapter 33, as amended or any successor thereof.

 

 PART VIII

 

8.                IMPLEMENTATION DATES

 

8.1      This By-law shall come into force and effect on _________________.

 

 

 

 

PART IX

 

9.       SEVERABILITY OF SECTIONS

 

9.1      If any section or sections of this by-law or part thereof, are found  by any Court of competent jurisdiction to be illegal or beyond the power of Council to enact, such section or sections or parts thereof shall be deemed to be severable and  independent therefrom and to be properly enacted and to be of full force and effect.

 

 

Part X

 

10              ENFORCEMENT

 

10.1          A municipal by-law enforcement officer acting under the direction of the Municipality, may enter and inspect all buildings, structures or parts thereof that are subject to this By-law at any reasonable time for the purposes of determining whether there is compliance with this By-law.

 

10.2          Despite subsection(1) , no municipal by-law enforcement officer may enter a workplace that is also a dwelling without the consent of the occupant or without first obtaining and producing a warrant.

 

Part XI

 

11.              SHORT TITLE

 

11.1            This By-law may be referred to as the "Smoke -free By-law"

 

 

 

 

READ A FIRST TIME THIS _________DAY OF _________, 2003

 

READ A SECOND TIME THIS ______DAY OF __________,2003

 

READ A THIRD AND FINAL TIME AND ENACTED IN OPEN COUNCIL THIS ____DAY OF_________2003.

 

 

 

 

 

 

 

                                                                                    ____________________

                                                                                      Reeve

 

 

 

                                                                                      ___________________

                                                                                      Clerk