4018 To amend By-Law 3596, being a by-law to prohibit smoking in certain public places within the Town of TillsonburgTHE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4018 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 of Tillson burg deems it necessary and expedient to amend the Town's smoking by-law to remove Sections 5.2 and 5.3 and Schedule C which refer to voluntary payments; 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; THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1.0 THAT the following sections shall be removed from By-Law 35g6; "5.2 Notwithstanding any other provisions of this Part in respect to penalties for violation of the provisions of this By-law, any person may, upon presentation of an infraction notice issued by a police officer or a by-law enforcement officer alleging commission of any of the offences under this By-law set out in Schedule "C", pay out of Court within the time limit specified on the said infraction notice the penalty set out opposite such offence as indicated in Schedule "C" to this By-law. Upon such payment no further proceedings shall be taken under this By-law in respect to the said alleged offence." "5.3 If a voluntary payment is not made in accordance with the procedure provided in Section 5.2, the procedures of the Provincial Offences Act, or any successor thereof, shall apply." 2.1 THAT the following schedule shall be removed from By-Law 3596; "Schedule C, Part 1 Provincial Offences Act." 3.1 THAT this by-law shall come into full force and effect upon final passing hereof. READ A FIRST AND SECOND TIME THIS 24th DAY OF May, 2016. ND FINALLY PASSED THIS 24th DAY OF May, 2016. Town Clerk-Donna Wilson --I ---