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HomeMy WebLinkAbout80-86 ":.: ,.. . Ie . t..' # .. ;'.i,lE1!DED BV q !-'r'1 Cj BY-LAW #..~....'I'~~.. CORroRATION OF THE TOWN OF NEWCASTLE BY -LAW 80-86 RESPEcrING SIDIGNG REPEALED BV BY.LAW #.~:~;.lj~ Preamble WrlEREAS it has been detennined that second-hand tobacco snoke (exhaled. srroke and the srroke fran idling cigarettes, cigars and pipes) is a health hazard or discanfort for many inhabitants of the Town of Newcastle WHEREAS it is desirable for the health, safety and welfare of the inhabitants of the Town of Newcastle prohibit or regulate snoking, or both, in the Town of Newcastle as in this by-law IIDre particularly set out; 'lHEREFORE the Council of the Corporation of the Town of Newcastle enacts as follows: 1. In this by-law, a) "Town" means the Town of Newcastle b) , 'retail shop" means a building or part of a building, booth, stall or place where goods 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, victualling house or refreshment house, nor a place where the only trade or business carried on is that of the custom blending of tobaccos, or sale of tobaccos, pipes, cigars or erokers I sundries; \ c) "service line" means an indoor line of tv.o or IOOre persons awaiting service of any kind, regardless of whether or not such service involves the exchange of IIDney, including but not limited to, sales, provision of infonnation, transactions or advice and transfers of IIDney or goods; d) "sooke" or "snoking" includes the carrying of a lighted. cigar, cigarette, pipe or any other lighted eroking equipnent; e) "proprietor" means the person who ultimately controls, governs or directs the activity carried on within the kinds of premises referred to in this by-law and includes the person actually in charge thereof; f) "reception area" means the public space used by an office or establishment for the receiving or greeting of custaners, clients or other persons dealing with such office or establishment. Retail shops 2. No person shall snoke in any retail shop except in a part thereof used as a restaurant, lunch counter, hair dressing parlour, barber shop, rest roan or a part used as offices by members of the staff. .r, . ... .: : By:..raw 80-86 , .' . .~ . . . -2- 3. The propietor of every retail shop shall ensure that a sign or signs as prescribed by section 30 hereof or otherwise by this by-law permitted shall be conspicuously posted so as to be clearly visible from all parts of each floor to which section 2 applies. 4. Any proprietor who fails or neglects to perform the duty imposed by section 3 is guilty of an offence and liable to a penalty of not more than $1,000.00, exclusive of costs. Hospitals 5. (1) Subject to section 8, no person shall snnke in any patient care area in a hospital. (2) Subject to section 6, no person shall sroke in any area of a hospital (other than a patient care area) to which members of the public have access. 6. (1) SlIDking areas may be designated by the proprietor in the area referred to in subsection 2 of section 5 hereof (exclusive of places in which SlIDking is prohibited by the Fire Marshal or by other law, by-law or regulation) provided not more than 50 per centum of the floor area of the area so referred to shall be so designated and where so designated such area shall bear a sign or signs "SlIDking in this area only". (2) Where an area has been designated in accordance with subsection 1, sroking shall be permitted in such area. 7. (1) The proprietor of a hospital to which section 5 applies shall ensure that a sign or signs as prescribed in section 30 or otherwise permitted by this By-law shall be conspicuously posted so as to be clearly visible fran all parts of the patient care area or area to which manbers of the public have access as the case may be. (2) The proprietor of a hospital to which sections 5 and 6 apply shall ensure that the signs required by subsection 1 hereof and by subsection of section 6 shall be conspicuously posted so as to designate clearly the areas in which gooking is or is not prohibited. 8. Notwithstanding the provisions of section 5, a patient maybe permitted to sroke with written permission of the personal physician of such patient. 9. A proprietor who fails or neglects to perform any of the duties imposed. by section 6 or 7 hereof, shall be guilty of an offence and liable to a penalty of not more than $1,000.00 , exclusive of costs. Banks, Financial Institutions and Municipal Offices 10. No person shall gooke at any service counter in a bank, financial institution or municipal office. 11. In every bank, financial institution and municipal office, the proprietor shall ensure that a sign or signs as prescribed by section 30 hereof or otherwise pennitted by this by-law shall be conspicuously posted so as to refer clearly to the service counter referred to in section 10 hereof. , "l, . , \ ' .." ,,~ . : ~ { . ., . . . By-Law 80-86 -3- 12. Any properietor who fails or neglects to perfonD the duty imposed upon him by section 11 shall be guilty of an offence and liable to a penalty of not roore than $1,000.00, exclusive of costs. Reception Areas 13. Subj ect to section 14, no person shall ElIPke in any reception area in an establishment or an office. 14. (1) The proprietor of an establishment or office may designate a ElIPking area in the reception area of the establishment or office (except for the reception area of an office where services relating to health care are performed) provided that an area so designated may not exceed roore than 50 per centum of the reception floor area and where so designated such area shall bear a sign or signs "Srroking in this area only". (2) Where an area has been designated in accordance with subsection 1, ElIPking shall be penni tted in such area. 15. (1) The proprietor of an establishment or office to which section 13 applies shall ensure that a sign or signs as prescribed in section 30 hereof or otherwise permitted by this By-law shall be conspicuously posted so as to be clearly visible from all parts of the reception area. (2) The proprietor of an establishment or office to which section 13 and 14 apply shall ensure that the signs required by subsection 1 hereof and by subsection 1 of section 14 shall be conspicuously posted so as to designate clearly the areas in which ElIPking is or is not prohibited. 16. Any proprietor who fails or neglects to perform any of the duties imposed by section 14 or 15 hereof, shall be guilty of an offence and liable to a penal ty of not roore than $1,000.00, exclusive of costs. Elevators and Escalators 17. (1) Subject to subsection 2, no person shall ElIPke in an elevator or on an escalator in any building or part thereof. (2) Subsection 1 does not apply to elevators, escalators or similar devices to which The Elevators and Lifts Act, R. S. O. 1970, Chapter 143, as amended from time to time, does not apply. 18. The proprietor of any building or part thereof to which section 17 applies shall ensure that a sign or signs as prescribed by section 30 hereof or otherwise permitted by this By-law shall be conspicuously posted so as to apply clearly to the areas regulated by the said section. 19. Any proprietor who fails or neglects to perform the duty imposed by section 18, shall be guilty of an offence and liable to a penalty of not roore than $1, 000.00 , exclusive of costs. ~ ". ~ .. .., , '. . . . By-Law 80-86 -4- Service Line 20. No person shall sm:>ke in any service line on any premises. 21. The proprietor in any premises to which section 20 applies shall ensure that a sign or signs as prescribed in section 30 hereof or otherwise pennitted by this By-law shall be praninently displayed so as to be clearly visible to persons in the service line. 22. Any proprietor who fails or neglects to perfonn the duty imposed upon him by section 21 hereof, shall be guilty of an offence and liable to a penalty of not rwre than $1,000.00 , exclusive of costs. School Buses 23. (1) No person shall groke in a school bus. (2) "School Bus" means any vehicle used for transporting children. 24. In every school bus, the proprietor shall ensure that a sign or signs as prescribed by section 30 hereof or otherwise pennitted by this By-law shall be conspicuously posted so as to be clearly visible from all parts of the school bus. 25. Any proprietor who fails or neglects to perfonn the duty imposed by section 24 hereof shall be guilty of an offence and liable to a penalty of not rwre than $1,000.00, exclusive of costs. Theatres and Other Places of Public Assembly 26. Subj ect to section 27, no person shall groke in an enclosed indoor area being used as a place of public assembly. 27. (1) The proprietor of a place of public assembly referred to in section 26 may designate an area not to exceed 50 per centum of the total floor area of such place of public assembly as a sooking area and where so designated such area shall bear a sign or signs "Srroking in this area only". (2) Where an area has been designated in accordance with subsection 1, snaking shall be permitted in such area. 28. (1) The proprietor of a place of public assembly to which section 26 applies shall ensure that a sign or signs as prescribed by section 30 hereof or otherwise penni tted by this By-law shall be conspicuously posted 00 as to be clearly visible fl'OOl all parts of the place of public assembly. (2) The proprietor of a place of public assanb1y to which section 26 and 27 apply shall ensure that the sign or signs required by subsection 1 hereof and by subsection 1 of section 27 shall be conspicuously posted so as to designate clearly the area in which snaking is or is not prohibited. 29. Any proprietor who fails or neglects to perfonn any of the duties imposed upon him by sections 27 and 28 shall be guilty of an offence and liable to a penalty of not more than $1,000.00 , exclusive of costs. ,. " ;'wi : .' , . . " . ~ , I . ' ... : ~ t . . . By-Law 8Q-.86 -5~ Signs 30. (1) For the purpose of subsection 2 hereof the letter height means the actual height of the letter regardless of whether it is a capital or lower case letter. (2) Where by a section of this By-law, a sign is to be in accordance with this section, such sign shall: (a) carry the text ! 'No Srroking'!, in capital or lower case letter, or a canbination thereof, (b) consists of two (2) contrasting colours, or if the letter is to be applied directly to a surface or to be mounted on a clear panel, the lettering shall contrast to the background colour, (c) with respect to size of lettering, be not less than the following height based upon the max~ viewing distance in direct line of sight for: (i) ten (10') feet or less - letter height of one inch (1"); (ii) twenty (20') feet or less - letter height of two inches (211); (iii) forty (40') feet or less - letter height of three inches (311); (iv) eighty (80') feet or less - letter height of four inches (411); (v) one hundred and sixty (160') feet or less - letter height of six inches (6'!)' (vi) two hundred and forty (240') feet or less - letter height of eight inches (8"). (d) include in the text at the bottom of each sign "Town of Newcastle By-Law Max:imum Penalty $1,000.00" in letters not less than one-half (!) of an inch in height for signs with letter size of one (1") inch, and not less than one-quarter (i) of the height of the letters on all other sizes of signs. 31. (1) Notwithstanding the provisions of section 26 hereof, one of the following graphic symbols may be used to indicate IIno snaking areas". Each symbol sha'll include the text ! 'Town of Newcastle By -Law, Max:imum Penalty $1,000.00'" in letters and figures at least 5 per centum of the diameter of ..1r the cir€Ie in the symbol and there may be added appropriate symbols such as directional arrows. Any such symbol shall be on a white background with the circle and the interdictory stroke in red, with a cigarette, letters and figures in black, provided such symbol complies with the other provisions of this section. TOWN OF NEWCASTLE BY-LAW 80-86 MAXIMUM FINE $1000 . ...... . '-.' . -c'.'If I '. . . . . . . . By-.Law 80-86 -6- " (2) With respect to size of the graphic symbol, the diameter of the circle in the symbol referred to in subsection 1 hereof shall be not less than the number of inches prescribed below, based upon the maximum viewing distance in direct line of sight, as follows: (a) ten (10') feet or less - four (4") inches; (b) twenty (20') feet or less - six (6") inches; (c) forth (40') feet or less - eight (8") inches; (d) eight (80') feet or less - twelve (12") inches; (e) one hundred and sixty (160') feet or less - sixteen (16") inches; and (f) two hundred and forty (240') feet or less - twenty-four (24" ) inches. (3) Notwithstanding that the symbol in subsection (1) is a cigarette, it shall include a lighted cigar, cigarette, pipe or any other lighted 300king equipnent . Penalty 32. Any person who sookesin contravention of this By-law is guilty of an offence and liable to a penalty of not more than $1,000.00, exclusive of costs. Administration 33. This By-law shall be administered by the By-Law Enforcanent Officer for the Town of Newcastle. By-Law read a first and second time this Third day of July 1980. By-Law read a third and final time this Third day of July 1980. =:t B. RicJmro ~ ~ McIlroy ~". '" . ,~ ,~ '.- ,< " .. . . 1 A -. AMENDED BY Ci REPEALED BV q 1-0<", -! . q-z.../4f /l By-LAW.............. BY-LAW ....~.....m -.., "tJ', CDRFORATION OF THE 'lUVN OF NEWCASTLE BY -LAW 80-86 RESPECTING SWKING Preamble W.ri.EBEAS it has been detennined that second-hand tobacco Broke (exhaled 3IDke and the 3IDke fran idling cigarettes, cigars and pipes) is a health hazard or discanfort for lIWly inhabitants of the Town of Newcastle WHEREAS it is desirable for the health, safety and welfare of the inhabitants of the 'Ibwn of Newcastle prohibit or regulate 3IDking, or both, in the Town of Newcastle as in this by-law DDre particularly set out; 'lHEREFORE the Council of the Corporation of the Town of Newcastle enacts as follows: 1. In this by-law, a) "'Ibwn" means the Town of Newcastle b) "retail shop" means a building or part of a building, booth, stall or place where goods 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, victualling house or refreslInent house, nor a place where the only trade or business carried on is that of the custom blending of tobaccos, or sale of tobaccos, pipes, cigars or 3IDkers' sundries; c) "service line" means an indoor line of tv.o or DDre persons awaiting service of any kind, regardless of whether or not such service involves the exchange of DDney, including but not limited to, sales, provision of infonnation, transactions or advice and transfers of DDney or goods; d) "3IDke" or "3IDking" includes the carrying of a lighted cigar, cigarette 1 pipe or any other lighted 3IDking equipnent; e) "proprietor" means the person who ultimately controls, governs or directs the activity carried on within the kinds of premises referred to in this by-law and includes the person actually in charge thereof; f) "reception area" means the public space used by an office or establislm1ent for the receiving or greeting of custaners, clients or other persons dealing with such office or establishment. Retail shops 2. No person shall Broke in any retail shop except in a part thereof used as a restaurant, lunch counter, hair dressing parlour, barber shop, rest roan or a part used as offices by manbers of the staff. ,'f, ; . e. . . .' ) ~. By -law 80-86 -2- 3. The propietor of every retail shop shall ensure that a sign or signs as prescribe<:i by section 30 hereof or otherwise by this by-law pennitted shall be conspicuously posted so as to be clearly visible fran all parts of each floor to which section 2 applies. 4. Any proprietor who fails or neglects to perform the duty imposed by section 3 is guilty of an offence and liable to a penalty of not rrore than $1,000.00, exclusive of costs. Hospitals 5. (1) SUbject to section 8, no person shall ::m:>ke in any patient care area in a hospital. (2) Subject to section 6, no person shall sroke in any area of a oospital (other than a patient care area) to which manbers of the public have access. 6. (1) &nking areas may be designated by the proprietor in the area referred to in subsection 2 of section 5 hereof ( exclusive of places in which EnDking is prohibited by the Fire Marshal or by other law, by-law or regulation) provided not rrore than 50 per centum of the floor area of the area so referred to shall be so designated and where so designated such area shall bear a sign or signs "Slwki.ng in this area only". (2) Where an area has been designated in accordance with subsection 1, sroking shall be pennitted in such area. 7. (1) The proprietor of a hospital to which section 5 applies shall ensure that a sign or signs as prescribed in section 30 or otheIWise pennitted by this By-law shall be conspicuously posted so as to be clearly visible fran all parts of the patient care area or area to which manbers of the public have access as the case may be. (2) The proprietor of a hospital to which sections 5 and 6 apply shall ensure that the signs required by subsection 1 hereof and by subsection of section 6 shall be conspicuously posted so as to designate clearly the areas in which 3lDking is or is not prohibited. 8. Notwithstanding the provisions of section 5, a patient may be pennitted to sroke with written pennission of the personal physician of such patient. 9. A proprietor who fails or neglects to perform any of the duties iln};x::lsed by section 6 or 7 hereof, shall be guilty of an offence and liable to a penalty of not rrore than $1,000.00, exclusive of costs. Banks, Financial Institutions and. Municipal Offices 10. No person shall 3lDke at any service counter in a bank, financial institution or municipal office. 11. In every bank, financial institution and municipal office, the proprietor shall ensure that a sign or signs as prescribed by section 30 hereof or otherwise pennitted by this by-law shall be conspicuously posted so as to refer c;Lear1y to the service counter referred to in section 10 hereof. , 11, I'~., .J .. . . By-Law 8~6 -3- 12. Any properietor woo fails or neglects to perfonn the duty imposed upon him by section 11 shall be guilty of an offence and liable to a penalty of not rwre than $1,000.00 , exclusive of costs. Reception Areas 13. Subject to section 14, no person shall sooke in any reception area in an establishment or an office. 14. (1) The proprietor of an establishment or office may designate a sooking area in the reception area of the establislJnent or office (except for the reception area of an office where services relating to health care are performed) provided that an area so designated may not exceed rwre than 50 per centum of the reception floor area and where so designated such area shall bear a sign or signs "Sm:>king in this area only". (2) Where an area has been designated in accordance with subsection 1, smking shall be permitted in such area. 15. (1) The proprietor of an establishment or office to which section 13 applies shall ensure that a sign or signs as prescribed in section 30 hereof or otherwise pennitted by this By-law shall be conspicuously posted so as to be clearly visible fran all parts of the reception area. (2) The proprietor of an establislJnent or office to which section 13 and 14 apply shall ensure that the signs required by subsection 1 hereof and by subsection 1 of section 14 shall be conspicuously posted so as to designate clearly the areas in which sooking is or is not prohibited. 16. Any proprietor who fails or neglects to perfonn any of the duties imposed by section 14 or 15 hereof, shall be guilty of an offence and liable to a penalty of not rwre than $1,000.00, exclusive of costs. Elevators and Escalators 17. (1) Subject to subsection 2, no person shall sooke in an elevator or on an escalator in any building or part thereof. (2) Subsection 1 does not apply to elevators, escalators or similar devices to which The Elevators and Lifts Act, R.S.O. 1970, Chapter 143, as amended fran time to time, does not apply. 18. The proprietor of any building or part thereof to which section 17 applies shall ensure that a sign or signs as prescribed by section 30 hereof or otherwise permitted by this By-law shall be conspicuously posted so as to apply clearly to the areas regulated by the said section. 19. Any proprietor who fails or neglects to perfonn the duty im.fX)sed by section 18, shall be guilty of an offence and liable to a penalty of not rwre than $1,000.00, exclusive of costs. , .~ : . .. . ~ . '. t. By-Law 80-;86 -4- Service Line 20. No person shall sroke in any service line on any pranises. 21. The proprietor in any pranises to which section 20 applies shall ensure that a sign or signs as prescribed in section 30 hereof or otherwise pennittOO by this By-law shall be praninent1y displayed so as to be clearly visible to persons in the service line. 22. Any proprietor who fails or neglects to perfonn the duty in:qx>sed upon him by section 21 hereof, shall be guilty of an offence and liable to a penalty of not IIDre than $1,000.00 , exclusive of costs. Sch<::x)l Buses 23. (1) No person shall sroke in a school bus. (2) "School Bus" lOOans any vehicle used for transporting children. 24. In every school bus, the proprietor shall ensure that a sign or signs as prescribed by section 30 hereof or otherwise pennitted by this By-law shall be conspicuously posted so as to be clearly visible fran all parts of the school bus. 25. Any proprietor who fails or neglects to perfonn the duty imposed by section 24 hereof shall be guilty of an offence and liable to a penalty of not IIDre than $1,000.00, exclusive of costs. Theatres and Other Places of Public Assembly 26. Subject to section 27, no person shall sroke in an enclosed indoor area being us€d as a place of public assanbly. 27. (1) The proprietor of a place of public assembly referred to in section 26 rmy deSignate an area not to exceed 50 per centtml of the total floor area of such place of public assembly as a sroking area and where so designated such area shall bear a sign or signs "Snoking in this area only". (2) Where an area has been designated in accordance with subsection 1, sroking shall be permitted in such area. 28. (1) The proprietor of a place of public assanbly to which section 26 applies shall ensure that a sign or signs as prescribed by section 30 hereof or otherwise permitted by this By-law shall be conspicuously posted SO as to be clearly visible fl'OO1 all parts of the place of public assEmbly. (2) The proprietor of a place of public assanbly to which section 26 and 27 apply shall ensure that the sign or signs required by suooection 1 hereof and by suooection 1 of section 27 shall be conspicuously posted so as to designate clearly the area in which sooking is or is not prohibited.. 29. Any proprietor who fails or neglects to perfonn any of the duties imposed upon him by sections 27 and 28 shall be guilty of an offence and liable to a penalty of not more than $1,000.00, exc1usi ve of costs. 'r " ' .1 .. . ~ . .", . By;-Law 80-:86 -5.... Signs 30. (1) Bar the purpose of subsection 2 hereof the letter height means the actual height of the letter regardless of whether it is a capital or lower case letter. (2) Where by a section of this By-law, a sign is to be in accordance with this section, such sign shall: (a) carry the text "No &ooking", in capital or lower case letter, or a canbination thereof, (b) consists of two (2) contrasting colours, or if the letter is to be applied directly to a surface or to be rrounted on a clear panel, the lettering shall contrast to the background colour, (c) with respect to size of lettering, be not less than the following height based upon the maximum viewing distance in direct line of sight for: (i) ten (10') feet or less - letter height of one inch (1"); (ii) twenty (20') feet or less - letter height of t~ inches (2"); (iii) forty (40') feet or less - letter height of three inches (3"); (iv) eighty (80') feet or less - letter height of four inches (4"); (v) one hundred and sixty (160') feet or less - letter height of six inches (6") I (vi) Tho hundred and forty (240' ) feet or less - letter height of eight inches (8"). (d) include in the text at the bottan of each sign "Town of Newcastle By-Law Maximum Penalty $1,000.00" in letters not less than one-half (!) of an inch in height for signs with letter size of one (1") inch, and not less than one-quarter (i) of the height of the letters on all other sizes of signs. 31. (1) Notwithstanding the provisions of section 26 hereof, one of the following graphic symbols may be used to indicate "no sooking areas'l. Each symbol s~l include the text "Town of Newcastle By-Law, Maximum Penalty $l,ooo.~t in letters and figures at least 5 per centum of the diameter of the cire1.e in the symbol and there nay be added appropriate symbols such as directional arrows. Any such symbol shall be on a white background with the circle and the interdictory stroke in red, with a cigarette, letters and figures in black, provided such symbol complies with the other provisions of this section. TOWN OF NEWCASTLE BY-LAW 80-86 MAXIMUM FINE $1000 J ",)", : f ~ "..y " , . j. .. """. ' ~. ~. i I I i :.11-" l r.., I i i ~ . I . . . By-Law, 80-86 .. -6- (2)" With respect to size of the graphic symbol, the diameter of the circle in the symbol referred to in subsection 1 hereof shall be not less than the number of inches prescribed below, based upon the maximum viewing distance ill direct line of sight, as 'follows: (a) ten (101) feet or less - four (4") inches; (b) twenty (20') feet or less - six (6") inches; (c) forth (40') feet or less - eight (8") inches; (d) eight (80') feet or less - t\\€lve (12") inches; (e) one hundred and sixty (160') feet or less - sixteen (16") inches; and (f) t\ro hundred and forty (240') feet or less - twenty-four ( 24" ) inches. (3) Notwithstanding that the symbol in subsection (1) is a cigarette, it shall include a lighted cigar, cigarette, pipe or any other lighted emking equiprent . Penalty 32. Any person who STOkes in contravention of this By-law is guilty of an offence and liable to a penalty of not rrore than $1,000.00, exclusive of costs. Administration 33. This By-law shall be administered. by the By-Law Enforcanent Officer for the Town of Newcastle. By-Law read. a first and second time this Third day of July 1980. By-Law read a third and final time this Third da.y of July 1980. ~~~t B. Rickard /~q ,k.~4-<--F' Joseph M. McIlroy Clerk I} f' v~--------; // /;1" !.......