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HomeMy WebLinkAboutBy-law 4290/93 THE CORPORATION OF THE TOWN OF PICKERING -L W .4 Being a By-law to Regulate Smola'ng in Indoor Public Places. WHEREAS the Medical Officer of Health of the Regional Municipality of Durham has advised that many health authorities, including Health and Welfare Canada, the Surgeon General of the United States, and the World Health Organization, have confLrmed that envixonmental (second-hand) smoke from tobacco products causes illness, including heart disease and lung cancer, in otherwise healthy non-smokers;and WHEREAS it is expedient therefore to regulate, and in certain instances prohibit, smoking in ce~ain indoor public places within the Town of Picketing, in order to protect the health, safety and welfare of the inhabitants of the Town of Picketing; and WHEREAS, pursuant to the provisions of section 102 of the Municipal Act, R.S.O. 1990, chapter M.45, the Council of The Corporation of the Town of Pickering may pass by-laws and make regulations for the health, safety and welfare of the inhabitants of the municipality in matters not specifically provided for by the Act as may be deemed expedient and are not contrary to law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKER. ING hereby enacts as follows: P~ART 1 - DEFINITIONS 1. In this by-law, (a) "building" means a structure occupying an area greater than ten square metres consisting of a wall, roof and floor, or any one or more of them, or a structural system serving the function thereof; (b) "common area" means the indoor area of a building that is open to the public for the pu?ose of access to an indoor public place, and includes a corridor, a passageway, an eating area in a corridor or passageway, a public rest room, a public seating area and a public standing area; (c) "day nursery" means the indoor area of an establishment to which the Da3' Nurseries Act, R.S.O. 1990, chapter D.2, or any successor thereto, applies; (d) "designated smoking area" means the indoor area of a building or establishment that is designated by one or more signs authorized by this by-law as an area where smoking is penni.ed; (e) "eating establishment" means the indoor area of an establishment where food or drink is offered for sale or sold to the public and includes a restaurant, a bar, a tavern, a cafe, a food court, a cafeteria, a take-out restaurant, an ice cream parlour, a tea or lunch room, a dairy bar, a coffee shop, a doughnut shop, a snack bar, a refreshment room and a refreshment stand; (f) "financial institution" means the indoor area of an establishment that is a bank, trust company, caisse populalre or credit union; (g) "food court" means any part of a common area of a shopping mall in which area there is seating for eight persons or more; (h) "health care facility" means the indoor are,a of'. (i) an establishment to which the Nursing Homes Act, R.S.O. 1990, chapter N.7, or any successor thereto, applies; (ii) an establishment to which the Homes for the Aged and Rest Homes Act, R.S.O. 1990, chapter H. 13, or any successor thereto, applies; or (iii) the office of a health professional whose practice is regulated under the Health Disciplines Act, R.S.O. 1990, chapter H.4, or any successor thereto, or the Regulated Health Professions Act, S.O. 1991, chapter 18, or any successor thereto, where care or treatment is provided for physical, mental or emotional illness or any other medical, psychological, or physiological condition; (i) "hospital" means the indoor area of, (i) an establishment to which the Public Hospitals Act, R.S.O. 1990, chapter P.40, or any successor thereto, applies; or (ii) an establishment to which the Private Hospitals Act, R.S.O. 1990, chapter P.24, or any successor thereto, applies; (j) "hotel" means the indoor area of an establishment where sleeping accommodation is provided to the travelling public and includes the indoor areas of all establishments associated therewith; (k) "indoor", in respect of a building, area, place or establishment, means covered by a roof, and where a building, area or place, is only partially covered by a roof means only that part of the building, area or place that is partially covered by the roof; (1) "inspector" includes a municipal law enforcement officer, a police officer and any person appointed to enforce this By-law; (m) "laundromat" means the indoor area of an establishment where laundering, dry cleaning, washing or di3'ing facilities are provided on a self-service basis; (n) "municipal building" means the indoor area of a building that is owned, leased or controlled by The Corporation of the Town of Picketing or any board or commission thereof; (o) "municipal vehicle" means a vehicle that is owned, leased or controlled by The Corporation of the Town of Picketing or any board or commission thereof; (p) "place of assembly" means the indoor area of a building where persons assemble for civic, political, religious, educational, social, recreational, amusement or other purposes; (q) "proprietor", in respect of a building, area, place or establishment, means the person who controls, manages or directs the activity carried on within the building, area, place or establishment, and includes the person in charge of the building, area, place or establishment from time to time; (r) "public", in respect of a building, area, place, establishment or vehicle, means to which the public has access, whether or not such access is controlled, or by invitation, or pursuant to an admission qualification or ticket; (s) "public place" means a building, area, place or establishment that is public, and, without limiting the generality thereof, includes a common area, a day nursery, an eating establishment, a financial institution, a health care facility, a hospital, a hotel, a laundromat, a municipal building, a place of assembly, a reception area, a retail shop, a school, a shopping mall, a taxi, a theatre, and a transit vehicle; (t) "reception area" means the indoor area of a building or establishment used for the receiving of customers, patrons, clients or other persons entering the building or establishment; (u) "retail shop" means the indoor area of a building or part of a building, booth, stall or place where goods or services are provided or are exposed or offered for sale by retail, but does not include a place where the only trade or business carried on is that of a licensed hotel or tavern; (v) "school" means the indoor area of an institution under the jurisdiction of the Durham Board of Education, the Durham Region Roman Catholic Separate School Board or any other similar educational institution operated on a non-profit basis, or a private school. (w) "school bus" means any public vehicle used for transporting persons to or from a school or to any activity, event or function associated therewith; (x) "service line" means an indoor line of two or more persons providing, receiving, or awaiting service of any kind, including sales service, the provision of information or advice, or transactions and transfers of money or goods, regardless of whether or not such service involves the exchange of money; (y) "shopping mall" means any indoor area that is open to the general public for the pm-pose of access to one or more retail shops; (z) "smoke" means the use of a lighted cigar, cigarette, pipe or any other similar lighted equipment or device, and "smoking" has a corresponding meaning; (aa) "theatre" means the indoor area of any building or part of a building intended for the public screening or public viewing of motion pictures or videotapes or the production and staging of public performances of culture, musical or dramatic entertainment; (ab) "transport vehicle" includes a school bus, a taxi, and a public transit vehicle. I~ART 2 - AREAS ~ SMOKING IS PROHIBITED 2. No person shall smoke, (a) in any indoor building, area, place or establishment where the proprietor has posted or caused to be posted signs prescribed by the By-law for prohibiting smoking; (b) in any art gallery, auditorium, concert hall, museum or theatre, except when smoking is an element of the work, performance or production; (c) in any day nursery; (d) m any elevator or on any escalator or public stairway; (e) m any financial institution; (f) m any laundromat; (g) m any municipal building, except any part thereof leased as a place of assembly; (h) m any municipal vehicle; (i) m any reception area; (j) m any retail shop; (k) m any school; (1) m any service line; (m) m any common area of any shopping mall, except any part thereof used as an eating establishment; or (n) in any transport vehicle. PART 3 - AREAS ~ SMOKING IS ~CTED 3. No person shall smoke in the public portion of an eating establishment, except when the person is seated in a designated smoking area. 4. (1) Subject to the provisions of the Fire Marshals Act, R.S.O. 1990, chapter F. 17, and the Regulations thereunder, the proprietor of an eating establishment may designate not more than 30 per cent of the seating capacity of the eating establishment as a smoking a/ea. (2) For the purposes of subsection (1), the term "seating capacity" means the number of seats available for use by customers for the immediate consumption of food or drink while seated. (3) Where any section of seats is temporarily closed to patrons, the seating capacity of the eating establishment shall be based upon the remaining number of seats available for use by customers for the immediate consumption of food or drink while seated. (4) The portion of the eating establishment that is not designated as a smoking area shall form a contiguous unit separate from the designated smoking area. 5. No seat in a designated smoking area shall be located closer than two (2) metres from any seat that is not located in a designated smoking area, unless the seats are separated by a wall or other solid barrier having a height of at least one and one half metres measured from the floor adjacent to the seat that is not located in the designated smoking area. 6. When a proprietor or an employee of an eating establishment directs customers to a reception area or to a seating area, or takes advance reservations by telephone, the proprietor or an employee shall determine whether the customer wishes to be seated in a designated smoking area or not, and shall direct the customer to the preferred area. Ho~pi~ '~AI.~ ~nd Health Ca~ F~ilRie~ 7. No person shall smoke in a hospital or health care facility, except when the person is a patient or resident in or of the hospital or health care facility and is in a designated smoking area. 8. Subject to the provisions of the Fire Marshals Act and the Regulations thereunder, the proprietor of a hospital or health care facility may designate one or more smoking areas that are, (a) enclosed rooms separately ventilated directly to the outside; (b) not within common areas, reception areas or stairwells; and (c) not required by the public for access or thoroughfare, for the exclusive use of patients and residents. Placea of Public A.~nnbly 9. No person shall smoke in a place of public assembly, except in a designated smoking area. 10. (1) Subject to the provisions of the Fire Marshals Act and the Regulations thereunder, the proprietor of a place of public assembly may designate one or more smoking areas that, (a) are enclosed rooms separately ventilated directly to the outside; (b) have a maximum floor area, in total, of 25 per cent of the floor area of the place of assembly; and (c) are not required by the public for access or thoroughfare. (2) Where the place of assembly is a bingo hall, billiard hall or bowling alley, the maximum floor area that may be designated as a smokJ~ng area or areas shall be 50 per cent and not 25 per cent of the floor area of the place of assembly. PART 4 - ASHTRAYS AND PRF~CRIBED SIGNS 11. (1) Where the proprietor of any eating establishment, a hospital, a health care facility or a place of public assembly has designated one or more smoking areas therein, the proprietor shall provide and maintain sufficient ashtrays for the use of persons smoking in the designated smoking area or areas. (2) No person shall provide or maintain a useable ashtray in any building, area, place or establishment in which smoking is prohibited by this By-law. (3) Despite subsection (2), a useable ashtray may be provided at an outside entrance to any building, area, place or establishment in which smoking is prohibited by this By-law for the purpose of allowing persons entering the building, area, place or establishment to dispose of smoking materials. 12. (1) Where the proprietor of any eating establishment, a hospital, a health care facility or a place of public assembly has designated one or more smoking areas therein, the proprietor shall post or cause to be posted therein health warning signs that are clearly visible by all persons in the designated smoking area or areas. (2) Every bealth warning sign posted pursuant to subsection (1) shall, (a) carry the text "Warning! This area contains tobacco smoke, which is known to cause cancer, heart disease, lung disease and may harm your baby"; and (b) display the graphic symbol illustrated in Schedule A to this By-law. S'_~ tn~i~ Smo~nE is P~_.~ 13. Where the proprietor of any eating establishment, a hospital, a health care facility or a place of public assembly has designated one or more smoking areas therein, the proprietor shall post or cause to be posted therein signs that axe clearly visible by all persons in the designated smoking area or areas indicating that smoking is permitted in the designated area or areas only. 14. (1) The proprietor of every building, area, place or establishment in which smoking is prohibited by this By-law, or in which the proprietor wishes to prohibit smoking pursuant to this By-law, shall post or cause to be posted therein signs that are clearly visible by, (a) all persons entering the building, area, place or establishment; and (b) all persons who are in the building, area, place or establishment, indicating that smoking is prohibited in the building, area, place or establishment. (2) Where the proprietor of any eating establishinent has designated one or more smoking areas therein, the proprietor shall display or cause to be displayed tent signs or stand-up signs on each table or other surface, (a) upon which food or drink is placed for immediate consumption by customers; and (b) which is not within the designated smoking area, indicating that smoking is prohibited at that table or other surface. 15. ( 1 ) Every sign posted pursuant to section 13 or section 14 shall carry the text, (a) "Smoking in This Area Only" and the notation "Picketing By-law 4290/93" if it is posted pursuant to section 13: or (b) "No Smoking" and the warning "Pickering By-law 4290/93 - Maxin~um Fine $5,000" ff it is posted pursuant to section 14; and shall consist of contxasting colours, or if the lettering is to be applied directly to a surface or to be mounted on a clear panel, the colour of the lettering shall contrast with the background colour. 16. (I) Despite the provisions of section 15, with respect to any sign required by section 13, a generally recognized graphic symbol indicating that smoking is permitted, similar to that set out in Schedule B to this By-law, may be posted to indicate a designated smoking area, so long as each symbol is accompanied by the notation "Picketing By-law 4290/93". (2) Despite the provisions of section 15, with respect to any sign required by section 14, a generally recognized graphic symbol indicating that smoking is prohibited, similar to that set out in Schedule C to this By-law, may be posted to indicate a building, area, place or establishment where smoking is prohibited, so long as each symbol is accompanied by the warning "Picketing By-law 4290/93 - Maximum Fine $5,000". 17. Every proprietor required to post or display or cause to be posted or displayed any sign pursuant to this By-law shall, (a) ensure that the sign is clearly visible at all times; (b) maintain the sign in a clear and legible condition at all times; and (c) replace the sign in the event that it is no longer clear and legible, or if it is vandalized, or if it is removed. 18. (1) No person shall deface, damage, render illegible or otherwise vandalize any sign posted or displayed pursuant to this By-law. (2) No person shall remove any sign posted or displayed pursuant to this By-law, except with the consent of the proprietor who posted or displayed it or caused it to be posted or displayed. PART 5 - OFFENCF_.S 19. Every person who contravenes any provision of the by-law is guilty of an offence and, upon conviction, is liable to a fine of not more than $5,000, exclusive of costs. PART 6 - M1SC~ .! .ANEOUS MATTERS Schedule~ 20. Schedules A. B and C to this By-law form part of this By-law. F-ffectiv¢ Date 21. This by-law shall come into force and take effect January 1, 1994. BY-LAW read a f~rst, second and third time and f'mally passed this 20 day of ~c,,p'c.~tb~r,. 1993 ~;--.~ ~13~ruce Taylor, Clerk Schatulc A - H~h Wami~_ S'_l~ c__~_ 'c Symbo~ [section 12] [The Health Warning Sign Graphic Symbol shall be on a white background with the octagon, cigarette, and figures in black (or some other similarly contrasting combination of colours), and shall be accompanied by the text set out in section 12(2)(a) of this By-law.] [sections 13, IS, 16(1)] II [The Designated Smoking Area Graphic Symbol shall be on a white background with the ch'cie in green and Ihe cigarel~e in black (or some other similarly contxasting combination of colours), and shall be accompanied by the notation "Picketing By-law 4290/93".] [sections 14, 15, 16(2)] I! [The No Smoking Graphic Symbol shall be on a white background with the circle in red. the interdictory stroke in red, and the cigare.e in black (or some other similarly contrasting combination of colours), and shall be accompanied by the warning "Picketing By-law 4290/93 - Maximum Fine $5,000".]