Smoking Near Recreation Amenities and Entrances By-law - A.-6924-85

A By-law to Prohibit Smoking within 9 metres of
Recreation Amenities in Municipal Parks, and
Entrances to Municipally-owned Buildings.

WHEREAS subsection 5(3) of the Municipal Act, S.O. 2001, c.25, as amended, provides that a municipal power shall be exercised by by-law;

AND WHEREAS section 9 of the Municipal Act, 2001 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;

AND WHEREAS subsection 10(1) of the Municipal Act, 2001 provides that a municipality may provide any service or thing that the municipality considers necessary or desirable for the public;

AND WHEREAS subsection 10(2) of the Municipal Act, 2001 provides that a municipality may pass by-laws respecting: in paragraph 4, Public assets of the municipality acquired for the purpose of exercising its authority; in paragraph 5, Economic, social and environmental well-being of the municipality; in paragraph 6, Health, safety and well-being of persons; in paragraph 7, Services and things that the municipality is authorized to provide under subsection (1); in paragraph 8, Protection of persons and property;

AND WHEREAS subsection 115(1) of the Municipal Act, 2001 provides that a municipality may prohibit or regulate the smoking of tobacco in public places and workplaces; 

AND WHEREAS section subsection 115(3) of the Municipal Act, 2001 provides that section 115 shall not apply to a highway;

AND WHEREAS it has been determined that restrictions on smoking in outdoor public spaces can have a protective effect on smoking uptake among children, youth and young adults, and supports those who are currently addicted to tobacco trying to quit;

AND WHEREAS The Corporation of the City of London considers it desirable for the public to prohibit the smoking of tobacco as set out in this by-law;

AND WHEREAS it is deemed expedient to pass this by-law;

NOW THEREFORE The Council of The Corporation of the City of London hereby enacts as follows:

1.0 DEFINITIONS

1.1 For the purpose of this by-law:

“City” means The Corporation of the City of London;

“City Park” means land and land covered by water and all portions thereof under the control, management, or joint management of the City, that is or hereafter may be established, dedicated, set apart, or made available by the City for recreational purposes, including without limiting the generality of the
foregoing, a park, a leash-free dog park and an environmentally significant area, including any buildings, structures, facilities, erections and improvements located in or on such land;

“Enforcement Officer” means a person appointed by the Middlesex-London Board of Health to enforce this by-law or any person appointed by City Municipal Council to enforce this by-law or any police officer of the London Police Service;

“Municipally-owned Building” means a building owned by the City;

“Playground” means any part of an outdoor area fitted with play equipment, including but not limited to slides, swings, climbing equipment;

“Recreation Amenity” means any part of an outdoor area established for recreation or sport activity, including but not limited to a Playground, pools, wading pools, spray pads, outdoor skating rinks, sports fields (including but not limited to fields for soccer, baseball, football, field hockey, lacrosse, cricket), skateboard parks, bicycle or BMX parks, courts (including but not limited to courts for tennis, basketball), picnic areas, gazebos, outdoor shelters, spectator areas, food and beverage concessions, and Storybook Gardens, but does not include any golf course.

2.0 PROHIBITIONS

2.1 No person shall smoke tobacco or hold lighted tobacco within nine (9) metres of any part
of the following public places:

(a) a Recreation Amenity in a City Park; or

(b) an entrance of a Municipally-Owned Building.

2.2 The application of section 2.1 is not affected by the absence or presence of signage with respect to smoking tobacco or holding lighted tobacco.

3.0 EXCEPTIONS

3.1 This by-law does not apply to the smoking of tobacco on a highway.

3.2 This by-law does not prohibit an Aboriginal person from smoking tobacco or holding lighted tobacco, if the activity is carried out for traditional Aboriginal cultural or spiritual purposes.

3.3 This by-law does not prohibit a non-Aboriginal person from smoking tobacco or holding lighted tobacco, if the activity is carried out with an Aboriginal person and for traditional Aboriginal cultural or spiritual purposes.

4.0 ENFORCEMENT

4.1 This by-law may be enforced by an Enforcement Officer.

4.2 No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this by-law.

4.3 (a) Where any person contravenes this by-law, such person is subject to the provisions of the Trespass to Property Act.

(b) An Enforcement Officer, the Deputy City Manager, Environment and Infrastructure or their written designate may order a person believed to be in contravention of this by-law to:

(i) cease the activity that is in contravention of the by-law; and/or

(ii) leave the premises.

5.0 PENALTY

5.1 Any person who contravenes any provision of this by-law is guilty of an offence and is liable to a minimum fine of $100 and a maximum fine of not more than Ten Thousand Dollars ($10,000).

5.2 If this by-law is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order,

(a) prohibiting the continuation or repetition of the offence by the person convicted; 
and

(b) requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate.

6.0 CONFLICTS

6.1 If a provision of this by-law conflicts with an Act or a regulation or another by-law, the provision that is the most restrictive of smoking shall prevail.

7.0 SEVERABILITY

7.1 If any section or sections of this by-law or parts thereof are found in any court of law to be illegal or beyond the power of Council to enact, such section or sections or parts thereof shall be deemed to be severable and all other sections or parts of this by-law shall be deemed to be separate and independent there from and to be enacted as such.

8.0 SHORT TITLE

8.1 This by-law may be referred to as the “Smoking Near Recreation Amenities and Entrances By-law”.

8.2 This by-law shall come into force and effect on the 1 st . day of May, 2013.

PASSED in Open Council March 5, 2013.

Joe Fontana, Mayor

Catharine Saunders, City Clerk

First reading - March 5, 2013

Second reading – March 5, 2013

Third reading – March 5, 2013