Windsor, Ontario Prohibition on Smoking in City

Type: By-Law¹

Status: Adopted on 6/12/06

Source File: http://www.citywindsor.ca/DisplayAttach.asp?AttachID=8327

Text:

BY-LAW NUMBER 113-2006
A BY-LAW TO PROHIBIT SMOKING IN THE CITY OF WINDSOR

WHEREAS it has been determined that environmental tobacco smoke (exhaled smoke and the smoke from idling cigarettes, cigars or pipes), also known as second hand smoke, is a health hazard and a discomfort for the inhabitants of the City of Windsor;

AND WHEREAS smoking is a serious fire hazard;

AND WHEREAS it is desirable for the health, safety and welfare of the inhabitants of the City of Windsor to prohibit or regulate smoking in the City of Windsor;

AND WHEREAS Section 115 of the Municipal Act,2001, .S.O. 2001 c.25, authorizes the Council of a local municipality to pass a by-law prohibiting or regulating the smoking of tobacco in public places within the municipality;

THEREFORE the Council of the Corporation of the City of Windsor enacts as follows:

1. Definitions
In this by-law,

(a) "arena" means a building or structure or portion thereof in which sport, activity or, performance is or may be presented, played or carried on for public viewing;

(b) "building or structure" has its ordinary meaning and includes any enclosed area, whether permanent or not, including a tent, lean to or trailer;

(c) "City" means the City of Windsor;

(d) "convention centre" means a place of public assembly with space available for lease for convention and private and public functions;

(e) "health care facility" means any building wherein any medical, dental, psychological or chiropractic services or advice regarding any illness, disease or injury physical or mental, is or maybe provided and without limiting the generality of the foregoing includes a pharmacy, a community health centre, the offices of a doctor, dentist, chiropractor, optometrist, psychologist or any other health care practitioner, sanatorium. The area so defined includes the administrative offices, food services and eating area(s) thereof;

(f) "municipal building" means any building or structure owned, leased, controlled or used by the City for municipal purposes;

(g) “O. Reg. 48/06” means Ontario Regulation 48/06 as amended from time to time and any successor thereto, made under the provisions of the Smoke Free Ontario Act, 1994, S.O. 1994 c.10 as amended from time to time and any successor thereto;

(h) "place of public assembly" means any building or structure whether privately or publicly owned to which the public has or may have access by right of invitation, express or implied and whether or not a fee for entry is charged.

(i) "public hall" means a place of public assembly licensed as a public hall under City Licensing By-law 395-2004;

(j) "taxi" means a motor vehicle used for the conveyance of passengers for hire, licensed under Public Vehicles Licensing By-law 396-2004, as amended from time to time and any successor thereto;

(j) "smoke" or "smoking" has its ordinary meaning and includes the carrying of a lighted cigar, cigarette, pipe, lighted tobacco in any form, or any other lighted smoking equipment;

Prohibited and Restricted Smoking Areas in Public Places
2. No person shall smoke in,

(a) a health care facility;

(b) a place of public assembly, convention centre, public hall;

(c) a taxi;

(d) a municipal building;

(e) an arena or community centre;

(f) the entranceway and any point within a nine meter radius of the outside area of an entranceway of any municipal building.

3. The proprietor or the driver of any taxi cab shall post the sign prescribed by O. Reg 48/06 in a prominent and visible location in the taxi cab.

Other Laws and Policies

4. In the event that this By-law conflicts with another law or with a policy, or more than one provision of this By-law conflict, the law or policy or provision which is more restrictive of smoking prevails.

Penalty

5. Any person who contravenes any of the provisions of this by-law is guilty of an offence and on conviction and unless otherwise provided, is liable to a fine of not more than Five Thousand Dollars ($5,000.00), exclusive of costs, and every such penalty shall be recoverable under the Provincial Offences Act, R.S.O. 1990, as amended from time to time.

Enforcement

6. This By-law shall be enforced by the Chief of Police of the City of Windsor or his/her authorized subordinates or assistants, and Provincial Offences Officer (by-law enforcement officer or other municipal employee charged with the responsibility for enforcement of a specific by-law).

Severability

7. Where a Court of competent jurisdiction declares any sections or part of a section of this By-law invalid, the remainder of the By-law shall continue in force unless the Court adjudges otherwise.

8. By-law 11803 and all amendments thereto are repealed on May 31, 2006.

9. This By-law shall come into force and take effect on May 31, 2006.

Footnote: 1 - For the sake of consistency, Canadian municipal by-laws are categorized as ordinances as they serve the same purpose as their American counterparts.