THE REGIONAL MUNICIPALITY OF PEEL
 
BY-LAW NUMBER 20-2013
 

A by-law to prohibit smoking within nine metres of playground areas, outdoor recreational facilities and within nine metres of the entrances and exits to municipal buildings.


WHEREAS, second-hand smoke is the smoke from lighted tobacco;

AND WHEREAS, there is no known safe level of exposure to second-hand smoke;

AND WHEREAS, it is desirable for the purpose of promoting and protecting the health, safety and welfare of the population, particularly children and youth, to regulate smoking outdoors;

AND WHEREAS, the Smoke-Free Ontario Scientific Advisory Committee has recommended prohibiting smoking in certain outdoor public places;

AND WHEREAS, subsection 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, provides that upper tier municipalities have the authority to pass by-laws respecting the health, safety and well being of persons;

AND WHEREAS, subsection 115(1) of the Municipal Act, 2001, S.O. 2001, c. 25, provides that without limiting section 11, a municipality may prohibit or regulate the smoking of tobacco in public places and workplaces;

NOW THEREFORE, the Council of the Regional Corporation enacts as follows:

DEFINITIONS

1. In this by-law:

“Entrance or Exit” means any entrance or exit used by the public and or staff to enter or exit a Municipal Building and also means any external serving window of a municipally owned and occupied building, or part thereof which is used as a concession stand;

“Medical Officer of Health” means the Medical Officer of Health for the Regional Municipality of Peel, duly appointed under the Heath Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended;

“Municipality” means the lower tier municipalities The Corporation of the City of Brampton, The Corporation of the City of Mississauga, The Corporation of the Town of Caledon or the upper tier municipality, The Regional Municipality of Peel; and “municipal” has a corresponding meaning;

“Municipal Building” means any enclosed building or structure owned and occupied by a municipality and includes, but is not limited to: municipal offices, transit facilities, community centres, libraries, indoor swimming pools, arenas, museums, art galleries, public washrooms, concession stands, recreational centres, fire halls, ambulance stations, police stations, golf course clubhouses, and Peel Housing Corporation multi-unit residential buildings with common entrances;

“Officer” means a municipal law enforcement officer appointed by the municipality, a public health inspector acting under the direction of the Medical Officer of Health or a person appointed as a Provincial Offences Officer as defined under the Provincial Offences Act, R.S.O. 1990, c.P33 as amended;

“Outdoor Recreational Facility” means any area located on municipal property that is designed, designated or delineated for the playing of sports or for activities including but not limited to: swimming pools, splash pads, soccer fields, baseball diamonds, tennis courts, football fields, player benches, side lines, player warm up areas, and Spectator Seating Areas;

“Playground Area” means an outdoor area located on municipal property that is designed for the enjoyment or exercise of children and youth, that has equipment installed, including but not limited to: swings, slides, climbing apparatus, skateboard ramps, and includes any surrounding natural or man made safety surface of sand, rocks, wood chips, rubber or any similar material that may typically define its border;

“Public Place” means a Municipal Building, Outdoor Recreational Facility and Playground Area;

“Smoking” includes the smoking or holding of lighted tobacco and “smoke” has a corresponding meaning;

“Spectator Seating Area” means an area with tiered seating or benches.


SMOKING PROHIBITED

2. No person shall:

(a) Smoke within a Playground Area; or within a nine metre radius of the perimeter of a Playground Area;
(b) Smoke within an Outdoor Recreational Facility or within a nine metre radius of the perimeter of an Outdoor Recreational Facility;
or
(c) Smoke within a nine metre radius of an Entrance or Exit of a Municipal Building;

3. The prohibitions in section 2 above shall apply whether or not a “No Smoking” sign of any format or content is posted.


SIGNS

4. Each Municipality may post “No Smoking” signs in a conspicuous location in areas where smoking is prohibited;

5. No person shall remove, cover up or alter any sign which has been posted pursuant to paragraph 4.


EXEMPTIONS

6. This By-law does not apply to:

a) A trail or pathway unless it is

i) within a Playground Area or within a nine metre radius of the perimeter of a Playground Area, or;
ii) within a Outdoor Recreational Facility or within a nine metre radius of the perimeter of an Outdoor Recreational Facility;

b) A bus stop with or without a bus shelter unless it is within the nine metre radius of the Entrance or Exit of a Municipal Building;


ENFORCEMENT

7. Where any person contravenes any provision of this by-law, an Officer may direct such person to comply with this by-law. Every person so directed shall comply with such direction without delay.

8. Where an Officer has reasonable grounds to believe that an offence has been committed by a person, the Officer may require the name, address and proof of identity of that person, and the person shall supply the required information.


OBSTRUCTION

9. No person shall hinder, obstruct or interfere with an Officer lawfully conducting an inspection under this By-law.


OFFENCES AND PENALTIES

10. Any person who contravenes any of the provisions under this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in
the Provincial Offences Act, R.S.O. 1990, c. P.33.


SEVERABILITY

11. Should any section, clause or provision of this by-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this by-law as a whole or any part thereof, other than the part which is declared invalid.


CONFLICT

12. Subject to subsection 13 (3) of the Smoke-Free Ontario Act, S.O. 1994, c. 10, s.12, (the “Act”), in the event of a conflict between any provisions of this by-law and the Act, a regulation or municipal by-law that deals with smoking, the provision which is more restrictive of smoking prevails.


EFFECTIVE DATE

13. This by-law shall come into full force no sooner than September 2, 2013 AND once:

a) It has been passed by a majority of all votes on Regional Council; and
b) The majority of the Councils in the lower-tier municipalities of Mississauga, Brampton and Caledon pass resolutions consenting to the By-law; and
c) The total number of electors in the lower-tier municipalities that pass resolutions consenting to the By-law under clause (b) form a majority of all electors in the Regional Municipality of Peel.


SHORT TITLE

14. The short title of this by-law is the “Peel Outdoor Smoking By-law”.

 


READ THREE TIMES AND PASSED IN OPEN COUNCIL this 14th day of February, 2013.

K. Lockyer
________________________

Regional Clerk

E. Kolb
______________________

Regional Chair

 

THE REGIONAL MUNICIPALITY OF PEEL
PART 1 PROVINCIAL OFFENCES ACT

BY-LAW NUMBER 20-2013: A BY -LA W TO PROHIBIT SMOKING WITHIN NINE METRES OF PLAYGROUND AREAS,
OUTDOOR RECREATIONAL FACILlTIES AND WITHIN NINE METRES OF THE ENTRANCES AND EXITS TO MUNICIPAL BUILDINGS

 

Item

Column 1
Short Form  Wording

Column 1
Provision Creating  or Defining Offence

Column 1
Set Fine

1

Smoke tobacco within a playground area

Section 2 (a)

$250.00

2

Smoke tobacco within a nine metre radius of the perimeter of a playground area

Section 2 (a)

$250.00

3

Smoke tobacco within an outdoor recreational facility

Section 2 (b)

$250.00

4

Smoke tobacco within a nine metre radius of the perimeter of an outdoor recreational facility

Section 2 (b)

$250.00

5

Smoke tobacco within a nine metre radius of an entrance or exit of a municipal building

Section 2 (c)

$250.00

6

Remove a "no smoking" sign

Section 5

$250.00

7

Cover up a "no smoking" sign

Section 5

$250.00

8

Alter a "no smoking" sign

Section 5

$250.00

9

Fail to provide name, address and proof of identity as requested

Section 8

$250.00

NOTE: The general penalty provision for the offenders listed above is section 10 of By-law 20-2013, a certified copy of which has been filed