3596 To prohibit Smoking in Certain Public Places within the Town of TillsonburgTHE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3596
A BY-LAW TO PROHIBIT SMOKING IN CERTAIN PUBLIC PLACES WITHIN THE TOWN OF
TILLSONBURG.
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 smoking and second hand tobacco smoke is a
nuisance because of its irritating and discomforting properties and is a health hazard because of
its impairing, adverse effect and risk to the health of individuals residing in or visiting the Town
of Tillsonburg.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS
AS FOLLOWS:
1.0 DEFINITIONS AND INTERPRETATIONS
1.1 Definitions and Interpretations in this by-law,
1.2 "Authored Person" means any individual employed by or authorized by the Town of
Tillsonburg as a municipal by-law enforcement officer to enforce this by-law, or any
officer of the Ontario Provincial Police.
1.3 "Town" means The Corporation of the Town of Tillsonburg;
1.4 "Council' means the Town Council of the Corporation of the Town of Tillsonburg;
1.5 "Person" includes an individual or corporation and shall include the plural where the
context requires. Wherever the word "he" or "him" is used, it shall mean and include
the feminine or neuter gender wherever the context so requires;
1.6 "Town facility" means any building, structure or premise to which the Town holds right
of ownership to, including a building, structure or premise which is leased by the Town;
1.7 "Municipal Sidewalk" means a sidewalk intended for pedestrians located between that
portion of a highway intended for the general passage of vehicles and the lateral
property line, but does not include a sidewalk located within the boundary of a Town
owned property.
1.8 "Officer" means a person appointed by Council as a Municipal By-Law Enforcement
Officer, a Police Officer or other individual duly appointed to enforce this by-law;
1.9 "Outdoors" means any open space which is outside of a facility, building, structure,
premise, including any temporary building, structure or part thereof, whether covered
by a roof or not.
1.10 "Property" means that which belongs exclusively to the Town of Tillsonburg and to
which legal rights apply;
The Corporation of the Town of Tillsonburg Page 2
By-law No. 3596
1.11 "Smoke or Smoking" includes the carrying of a lighted cigar, cigarette, pipe or any other
lighted smoking equipment or product but does not include smoke or smoking where
smoke or smoking is used in a stage production of a theatrical performance;
1.12 "Walkway" as referred to in this by-law, means a covered walkway that is designed
specifically for the passage of pedestrians and shall not include any uncovered walkway
or sidewalk within the Town of Tillsonburg.
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 Tillsonburg Community Centre and adjourning arenas,
Tillsonburg Senior Centre, Lake Lisgar Waterpark, Summer Place, Tillsonburg Library,
Tillsonburg Fire Hall, Tillsonburg Customer Service Centre, Public Works Office and
Tillsonburg Special Events Centre.
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
3.0 EXEMPTIONS
3.1 Notwithstanding Section 2.1 and 2.3, such prohibition shall not apply to municipal
sidewalks.
4.0 SIGNAGE REQUIRED
4.1 The Town may post and maintain in conspicuous locations at each required location 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 "No Smoking Within 9 Meters (29.5 feet) of Described Area" 'The Corporation of the
Town of Tillsonburg By-Law No. 3596".
4.2 Where a sign is posted the sign shall have the proportions, characteristics and minimum
measurements set out in Section 4.1, and shall be as depicted in "Schedule A" and shall
consist of two (2) 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.
4.3 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.
4.4 Deviations from the colour or content of the sign prescribed by this Section that do not
affect the substance or that are not calculated to mislead do not vitiate the sign.
5.0 OFFENCES
5.1 Any person who contravenes any provisions described above shall be guilty of an offence
and upon conviction shall be subject to a fine as prescribed in the Provincial Offences Act,
R.S.O. 1990, as amended.
The Corporation of the Town of Tillsonburg Page 3
By-law No. 3596
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.
6.0 ENFORCEMENT
6.1 The provisions of this by-law respecting smoking outdoors on Town owned property shall
be enforced by an Officer or authorized person deemed to be an agent of the Corporation
of the Town of Tillsonburg for the purpose of addressing unauthorized activity on Town
property.
6.2 Any person who observes another person acting in contrary to this by-law may submit a
Smoke Free Ontario Act Witness Statement (which is outlined in Schedule "B" in this by-
law) to the attention of the Town of Tillsonburg By-Law Enforcement Officer.
7.0 CONFLICTS
7.1 If a provision of this by-law conflicts with an Act or Regulation or another by-law, the
provision that is the most restrictive of smoking shall prevail.
8.0 SEVERABILITY
8.1 If any section of this by-law 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 by-law shall be deemed to be
separate and independent thereof and to be enacted as such.
9.0 ENACTMENT
9.1 This by-law shall come into effect on the day it is passed.
READ A FIRST AND SECOND TIME THIS 26th day of April, 2012.
READ A THIRD TIME AND FINALLY PASSED THIS 14th day of MAY, 2012.
MA
CLERK-Donna Wilson
Schedule "A"
By-law No. 3596
No Smoking Within 9 Meters of
(Described Area)
The Corporation of the Town of Tillsonburg
BY-LAW NO. 3596
"No Smoking Within 9 Meters of" (described areas include):
- "this entrance"
Entrance of the following buildings:
Tillsonburg Community Centre and adjoining arenas, Tillsonburg Senior Centre, Lake Lisgar
Waterpark, Summer Place, Tillsonburg Library, Tillsonburg Fire Hall, Tillsonburg Customer
Service Centre, Public Works Office
Schedule "B"
By-law No. 3596
TOWNOFTILLSONBURG
200 Broadway, 2nd Floor
Tillsonburg, ON N4G 5A7
Please fax to: 519-485-2520
Attention: By-Law Enforcement Officer
SMOKE FREE ONTARIO ACT
WITNESS STATEMENT
Date and Time of Occurrence
Name of Person you
observed smoking in a designated no smoking area
Do you know the person personally? Yes D No D
If yes, how? _______________________________________
If no, how did you identify the person? ______________________
When you witnessed the offence, where were you standing?
How far away from the person were you?___________
Could you tell the colour of the cigarette filter? Yes D No D
What colour was the filter?
Could you see the smoke from the cigarette? Yes D No D
If winter, what was the approximate air temperature?__________________
Are you certain that what you saw was smoke and not expelled breath? Yes D No D
Could you smell the smoke? Yes D No D
Did it smell like tobacco smoke? Yes D No D
Would you recognize the smell of smoke for another product? Yes D No D
How? _____________________________________________
Please give any other pertinent information:_____________________
Date Signature
Corporation of the Town of Tillsonburg
Part I Provincial Offences Act
By-law No. 3596: Smoking
Schedule "C"
Item Short Form Wording
Smoking within a nine
1. metre radius
surrounding any
entrance or exit of a
prescribed area or within
a nine metre radius of
any designated Town
facilities
Provision Creating or
Defining Offence
Set Fine
Section 2.2 $105.00
2. Smoking anywhere on a
Town Owned walkway
including but not limited
to Library Lane______
Section 2.1& 2.3 $105.00