Woodstock, Ontario Smoke Free Workplaces and Public Places
Status: Adopted in 2003
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.
The short title of this Chapter is “Smoke Free Workplaces and Public Places.”
835.2.1 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.
835.2.2 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.
835.2.3 Inspector - defined
“inspector" means any employee or class of employee of Oxford County authorized by theMedical Officer of Health to carry out an inspection under and to enforce the provisions of this Chapter, or a person or class of persons appointed by the City of Woodstock as a municipal by-law enforcement officer to enforce this Chapter, or any officer of the Oxford Community Police Services.
835.2.4 Municipality - defined
“municipality” means The Corporation of the City of Woodstock.
By-law 7912-03, 1 May, 2003.
818.104.22.168 Outdoor patio - defined
The following criteria apply to outdoor patios:
- (a) an outdoor patio may be roofed;
- (b) an outdoor patio is not located on a roof;
- (c) an outdoor patio has at least 25% of the total area of its perimeter walls open to the outdoors in a manner that will provide cross ventilation to the entire area;
- (d) if an outdoor patio is attached to the main building, it must not abut any open windows with any adjacent workplace or public place;
- (e) if the outdoor area is attached to the main building any entry or exit door to the main building within the patio area must be equipped with a self closing device to bring the door(s) to a closed position to prevent the entry of smoke into the main building;
- (f) an outdoor patio must not share any door used as a principle entrance by staff or members of the public unless there is an alternative principle entrance within 30 metres;
- (g) an outdoor patio must not have a thermostatically controlled heating or air conditioning system. By-law 7955-03, 20 November, 2003.
835.2.5 Person - defined
“person” includes a corporation.
835.2.6 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.
835.2.7 Public place - defined
“public place” means any building, structure, vessel, vehicle or conveyance, or part thereof, whether covered by a roof or not, to which the public has access as of right or by invitation, expressed or implied, whether or not a fee is charged for entry, but does not include an outdoor patio or a street, road or highway.
835.2.8 Smoke or smoking - defined
“smoke” or “smoking” includes the carrying of a lighted cigar, cigarette, pipe or any other lighted smoking equipment.
835.2.9 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, but does not include an outdoor patio.
835.3.1 Smoking - prohibited
No person shall smoke in any workplace within the City of Woodstock whether or not a No Smoking sign is posted.
835.3.2 Employer - responsibility
Every employer shall, within the area of his or 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) post No Smoking signs in accordance with Article 5 in conspicuous locations at every entrance and washroom in the workplace indicating that smoking is prohibited in the workplace; and
- (e) ensure that no ashtray or like paraphernalia is placed or permitted to remain in any part of the workplace.
835.3.3 Exemption - private residence as part of workplace
Sections 835.3.1 and 835.3.2 do not apply to, any part of a workplace that is used as a private residence, whether temporarily or permanently.
835.4.1 Smoking - prohibited
No person shall smoke in any public place within the City of Woodstock, whether or not a No Smoking sign is posted.
835.4.2 Proprietor - responsibility
Every proprietor of a public place shall, within the area of his or her responsibility:
- (a) ensure compliance with this Chapter;
- (b) prohibit smoking in the public place;
- (c) post No Smoking signs in accordance with Article 5 in conspicuous locations at every entrance and washroom in the public place indicating that smoking is prohibited in the public place; and
- (d) ensure that no ashtray or like paraphernalia is placed or permitted to remain in any part of the public place.
SIGNAGE - REQUIREMENTS
835.5.1 Posted - maintained - conspicuous - size - location
Every employer and every proprietor shall post and maintain in conspicuous locations at each entrance to a facility and in the washrooms, a sign at least 14 centimetres (5.5 inches) by 14 centimetres (5.5 inches) in size that includes depiction of the international No Smoking symbol at least 7.5 centimetres (3 inches) high, and lettering at least 0.8 centimetres (5/16 inch) high and at least 0.2 centimetres (1/16 inch) wide at the narrowest point, with the rest of the letter sized proportionately, which reads “The Corporation of the City of Woodstock” Maximum Fine ($5000).”
835.5.2 Characteristic - proportion - measurement etc.
Where a No Smoking sign is required to be placed or posted under this Chapter, the sign shall have the proportions, characteristics and minimum measurements set out in Section 835.5.1, and shall be as depicted in Schedule ‘A’ and shall consist of two contrasting colours, or if the lettering and graphic symbol are to be applied directly to the surface or to be mounted on a clear panel, the lettering and graphic symbol shall contrast with the background.
835.5.3 Symbol - refers to all types of smoking
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.
835.5.4 Deviations in design - not misleading - permitted
Deviations from the colour or content of the sign prescribed by this Article that do not affect the substance or that are not calculated to mislead do not vitiate the sign.
835.6.1 At all reasonable times
An inspector may, at any reasonable time, enter any public place or workplace for the purpose of determining compliance with this Chapter.
835.6.2 Entry into dwelling - permission - warrant - required
No inspector may enter a workplace that is also a dwelling without the consent of the occupant or without first obtaining and producing a warrant.
835.7.1 Fine - for contravention
Any person who contravenes any of the provisions of this Chapter, or who hinders or obstructs an inspector lawfully carrying out the enforcement of this Chapter, is guilty of an offence and upon conviction is liable to a fine of not more than $5,000 as provided for in the Provincial Offences Act, or any successor thereof.
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.
835.8.1 Conflict - other enactments
If a provision of this Chapter conflicts with an Act or Regulation or another by-law, the provision that is the most restrictive of smoking shall prevail.
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-laws 6530-88 (Woodstock Municipal Code 833) and 5876-81 (Woodstock Municipal Code 835) are hereby repealed.
835.9.2 Effective date
This Chapter shall come into effect on September 1st, 2003.
By-law 7912-03, 1 May, 2003.
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.