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3992 To amend By-Law 3596 being a By-Law to prohibit smoking in certain public places with the Town of TillsonburgTHE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3992 A BY-LAW to amend By-Law 3596, being a by-law to prohibit smoking in certain public places within the Town of Tillsonburg. WHEREAS the Corporation of the Town ofTillsonburg deems it necessary and expedient to amend the Town's smoking by-law to include prohibiting the use of Electronic Cigarettes in certain public places within the Town of Tillson burg; AND WHEREAS Section 115 of the Municipal Act. 2001. S.O. 2001. c.25, as amended, provides that a municipality may prohibit or regulate the smoking of tobacco in public places and workplaces within the municipality and Section 128(1) of said Act provides that a municipality may prohibit and regulate with respect to a matter that in the opinion of Council are or could be public nuisances; AND WHEREAS it has been determined that electronic smoking is a nuisance because of its irritating and discomforting properties. THEREFORE, the Municipal Council ofthe Corporation ofthe Town ofTillsonburg, enacts as follows: 1.0 DEFINITIONS AND INTERPRETATIONS 1.1 "Electronic Cigarette" means A vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled by the user of the device directly through the mouth, whether or not the vapour contains nicotine; 1.2 "Smoking Product" means tobacco or tobacco-like product whose primary purpose is to be burned or heated to produce vapours, gases or smoke, which are inhaled, and shall include but is not limited to non-tobacco herbal shisha, and other plant material or oils intended for inhalation; 1.3 "Waterpipe" means a device in which the vapours, gases or smoke of a Smoking Product passes through liquid prior to being inhaled, and shall include but is not limited to a bong or hookah. 1.4 "Smoke or Smoking" includes the carrying of a lighted cigar, cigarette, electronic cigarette, pipe, waterpipe or any other lighted smoking equipment or smoking product but does not include smoke or smoking where smoke or smoking is used in a stage production of a theatrical performance; 2.0 SMOKING PROHIBITED 2.1 No person shall smoke on the walkway known as Library Lane whether or not a "No Smoking" sign is posted. 2.2 No person shall smoke outdoors within 9 meters of any Town facility entrance or exit including but not limited to the following: Tillsonburg Community Centre, 45 Hardy Ave., including adjoining arenas, Tillson burg Senior Centre, Lake Lisgar Waterpark and Summer Place; Tillsonburg Museum and Annandale House, 30 Tillson Avenue; Tillsonburg Fire Hall, 80 Concession Street, Tillsonburg ON Tillsonburg OPP Detachment, 90 Concession Street, Tillsonburg Customer Service Centre, 10 Lisgar Avenue Tillsonburg Public Works Building, 20 Spruce Street. 2.3 No person shall smoke outdoors anywhere on Library Lane or within 9 meters of the entrance to the east or west of Library Lane 2.4 No person shall smoke outdoors within 9 meters of any entrance to the Tillsonburg Town Centre Mall. 3.0 ENACTMENT 3.1 THAT this by-law shall come into full force and effect upon final passing hereof. READ A FIRST AND SECOND TIME THIS 25th DAY OF February, 2016. READ A THIRD TIME AND FINALLY PASSED THIS 25th DAY OF February, 2016. ~--- Town Clerk-Donna Wilson -------1 -----------