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HomeMy WebLinkAboutCD-24-82 CORPORATION OF THE TOWN OF NEWCASTLE 7S OFFICE OF THE TOWN CLERK 40 TEMPERANCE STREET TELEPHONE 623-3379 BOWMANVILLE, ONTARIO L1C3A6 REPORT TO THE GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING OF MAY 17, 1982 CD-24-82 SUBJECT: REVIEW OF BY-LAW NO. 80-60 "A BY-LAW RESPECTING SMOKING. " OUR FILE: 10. 13. 105 RECOMMENDATIONS: 1. That this report be received for information. BACKGROUND AND COMMENT: The Mayor and members of Council have, from time to time, requested that the By-law "Respecting Smoking"be reviewed. Such a review has been done, and for Council ' s information, I would advise that the by-law is more than adequate for the Towns purposes. That is to say, all of the appropriate sections relating to permitted and/or restricted areas are in place and each section clearly establishes the penalties for contravention. Under the heading "Administration," the Town's By-law Enforcement Officer is identified as the person responsible for the administration of the By-law. Using a very broad interpretation, I read this to mean, that where a person wishes to "lay an information" charging an individual or business with contravening the by-law, the By-law Enforcement Officer would carry the case to trial on behalf of the Town and the complainant. The By-law Enforcement Officer is not, as I see it, charged with the responsibility of the enforcement of the Smoking By-law. Respectfully submitted, David W. Oakes, A.M.C.T. _V Town Clerk. � , DWO/ms \) Attachment: Copy of By-law 80-86 � .�" wwoRivriON OF TJW TOWN 010 N-1-MCAMIJ; OYAAW 80-86 RESPECTING SMOKING Preamble WAIDIAS it has been determined that second-hand tobacco smoke (exhaled smoke and the smoke from idling cigarettes, cigars and pipes) is a health hazard or discomfort for many inhabitants of the Town of Newcastle WIJEREAS 1.t is desirable for the health, safety and we i rare of the Shah i Wn Ls, of the Town of Newcastle prohibit or regulate smoking, or both, in the Town of Newcastle as in this by-law more particularly set out; THEREFORE 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, pipos, cigars or- ,_-itolu ersl sundrjo,-�; e) "service line" means an indoor line of two or more persons awaiting service of any kind, regardless or whether or not such service involves the exchange of money, including but not limited to, sales, provision of information, transactions or advice and transfers of money or goods; d) "smoke" or "onoking" includes the carrying of a lighted cigar, cigarette, pipe or any other lighted stroking equipnent; e) "proprietor" means the person who ultimately controls, governs or directs the activity carried on within the kinds of' prcmises 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 customers, clients or other persons dealing with such office or establishment. Retail shops 2. No person shall smoke in any retail shop exeepL in a pap f, thereoV used a4 u rest,iuran t, lunch counter, hair dressing parlour, barber shop, rest, rooiii or a part used as offices by mothers of the stiff. By-I.a.w 80--86 --2- 3. The propietor of every retail shop shall ensure Lhat, a sign or Signs as prescribed by secstion 3-0 hereof' or otirerwise by it i;y by-la.w penfii tied dial I be conspicuously posted so as to be clearly visible From all_ parts or cacti floor to which section 2 applies. 4. Any proprietor who fails or neglects to perform the duty imlx)sed 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 smoke in any patient care area in a hospital. (2) Subject to section 6, no person shall srixrke in any axca of a hospital (other than a patient care area) to which maiibers of the public have access. 6. (1) smoking areas may be designated by the proprietor in the area referred to in subsection 2 of section 5 hereof (exclusive of places in which smoking 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 ''Smoking in this area only''. (2) Where an area has been designated in accordance with subsection 1, smoking 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 from all par. i,s of the patient care area or avea to which mciiiber, or the pub l i e have acccs;, 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 smoking is or is not prohibited. 8. Notwithstanding the provisions of section 5, a. patient may be permitted to smoke 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 smoke at any service counter in a bank, financial institution or municipal office. 11. In every bank, financial institution and innici.pal office, the proprietor 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 refer clearly to the service counter referred to in section 10 hereof. _ / U8-8S -3- Its)`�~ I2. Any yroperietoc who fails or neglects to perform the duty b,@ooml upon hbu by section Il sbuII be guilty of an offence and liable to a penalty of uni more than $I'000.00' exclusive of costs, Reception Areas 13. Subject to section 14' no person obuil mmx,]xe in any rmx1,(.im' area in all establishment or an office. 14. (I) The proprietor of an establishment or office may designate u smoking area in the reception area of the cotnblis|xomot or of rice (except K/r the reception area of an office where services relating to bed|]h o4ro uro performed) provided that an area so designated may not exceed more than 50 per ceutmn of the reception floor area and where ou designated such orao ybulI May o sign or signs "Smoking in this area nuIy/'^ (2) Where an area has been designated in accordance with aoboeoLiwn I, � smoking obuII be permitted in such area. 15. (l) The proprietor of an establishment or office to which section 13 applies sbuII ensure that u sign or signs as prescribed in section 50 hereof or otherwise permitted by this By-lam u)x/ll be conspicuously DnoLed so as to be clearly visible from all ports of the reception area. (2) The proprietor of an establishment or office to vvbicb section 13 and 14 apply obuIl ensure that the signs required by subuecLjuu i bez'oo[ and by subsection l of section 14 shall be onuopiouuooly posted so as to designate clearly the areas in which smoking is or is out prohibited, 18. Any proprietor who fails or neglects to perform any of the duties iuipuoad by section 14 or 15 hereof, shall be guilty of an offence and liable to u penalty of not more than $1'000.00, exclusive of 000tu' ElevuLorx and Kxcu|xinra I?. (l) Subject to subsection 2' no person shall /owohe in an elevator or uo an escalator in any building or part thereof. (2) Subsection l does not apply to elevators, escalators or similar devices to which The Elevators and Lifts Act' B.O.0. I970` Cho|)Lor 143, as amended from time to time, does not apply. 18. The proprietor of any building or part thereof to which oeut,joo 1-7 up|/lioo obnII ensure that o sign or signs as prescribed by section 30 lmrooC or oLbcr\viao permitted by this By-Jaw xbul.l be cooapiounuoly )xoyic'} so ax to apply clearly to the ozmoo regulated by the said sooLiuo. lS. Any proprietor who fails or neglects Co perform the duty jngx`ucd by uccLi'xn 18' shall be guilty of an offence and liable to u. penalty of not nxn'e tbu/, $I'OOO,OO' exclusive of 000Lo, � ~ ' /-� By-Law 80-86 -4- Service Line 30. No person shall mooke in any service line on any premises. 21. The proprietor in any premises to which section 20 applies shall ensure that u yiKo or signs as prescribed in ncoLioo 30 boz'mo[ or uUx/rvino ponniLLed by this 8v-lmx obaII be prominently displayed u,` as to be clearly visible to persons in the service line. 22^ Any proprietor who fails or ooDlmcta to perform the duty ir4maed uDuu him by section 21 hereof, sboII be guilty of an offence and liable to u penalty of not more than $1'000.00/ exclusive of costs. School Buses 23. (l) No person shall muubo in u school. bus. / (2) `Y9cbooI Duo/` means any vehicle used for transporting children. 24. In every oobnoI bus, the proprietor sboll ensure that u sign or signs as prescribed by section 30 hereof or otherwise permitted by this By-Iuw abuII be conspicuously posted so as to be oIour]y visible from all ports o[ the ao\uxol bun, 25. Any proprietor who fails or uegIocCy to perform the duty imposed by section 24 hereof abuIl be guilty of no offence and liable to u penalty or not more than $1'000.00` exclusive of costs. 9Ousutrus and Other Places of Public AmemnbIy 28. Subject to section 27' no person e|xsIl stnoko in an enclosed indoor area being used as a place of public uuomobIy. ' 27. (I) The proprietor of u place of public uaamnbIy referred to in aouLioo / 38 omy designate an area not to exceed 50 per uentum of the total floor orex of such place of public assembly as u smoking area and *here so desigouCed such area a|xalI bear a sign or signs ''Dox)kiug in this area ooIy/', (2) Where an area. has been designated in accordance with subsection l, aomkiog shall be permitted in such ureu. 38. (I) The proprietor of u place of public assembly to which section 26 applies shall uonnre that u sign or signs as }n'eaori}xx] by xeuiiun 30 h's'eo[ /x' otherwise permitted by this Dv-lm* a|/ull be conspicuously yoaLcd so as to he clearly visible fzmn all DurLu of the place of public uaamnb]y. (2) The proprietor of u place of [n/blju xoucndbly to which section 2G and 27 apply shall ensure that the oiKu or signs required by mubxec.Lion l hu/'' o[ and by oobecutiuo I of section 27 shall be cuompioux`ux|y )x/aLod so u/-; Lo designate clearly the area in which smoking is or is not prohibited. 24 Any proprietor who fails or neglects to purnno any or i)v` /Miry in/|xxxd u|xu1 bin) by unutiuua 27 and 28 dud| be C!/i| Ly or an o[|iyvxc, xod | ix|/|, to a penalty of not more than $1 ,000.00, exciumve or costs. By L:iw 80--86 -5- �(a) Signs 30. (1) Fbr the purpose of subsection '2 heruof the latter height noun:; the actual height or the letter r(lVinlMns Or whlAhcr it K ;l 1wa11i hi l or lower case letter. (2) Where by a section of this I3y-law, a sign is to be in accordance with this section, such sign shall: (a) carry the text "No Smoking", in capital or lower case letter, or a combination 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 maximum viewing distance in direct line of sight: for: (i) ten (10' ) feet or less - letter height of one inch (1") ; (ii_) twenty (20 1) feet or less -- letter height of two inches (2") ; (iii) forty (401 ) feet or less - letter height of three inches (3") ; (iv) eighty (801) feet or less -- letter height of four inches (4") ; (v) one hundred and Hjxty o60' ) ree t or less> - letter height of six inches (6") ' (vi) two hundred and forty (2401 ) 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 Maximum Penalty $1,000.00" in letters not leas than one-half (z) of an inch in height for signs with latter size of one (1") inch, and not less than one-quarter (J,,) 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 stoking areas". Each symbol s1q,11 include the text "Town of Newcastle By-Law, N,L ximum Penalty $1,000.091"' in letters and figures at least 5 per centum of the diameter of the circle 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. G�2TV 6y O ) 2 � 1 ��1$1000 TOAM OF NEWCASK Em 04 Flo. BY­LAW 80-86 MAXlfiAUM HNE $1000 13Y-I'aw 80-80 (6L) (2) With respect to size or the graphic symbol, the diwtietcr* or th(! circle in the symbol referred to in subsection I 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 (101 ) feet or less - four (K) inches; (b) twenty (20' ) feet or less - six (6") inches; (c) forth (401 ) feet or less - eight (8") inches; Q eight (801 ) feet or less - twelve (M) inches; (e) one hundred and sixty (1601 ) feet or less - sixteen (16") inches; and (f) two hundred and forty (2401 ) 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 smoking equipment. Penalty 32. Any person who smokes in 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. C Administration 33. This By-law shall be administered by the By-Law Enforcement Officer for the Town of Newcastle. By-Law read a first and second time this Third day or July 14)8(). By-Law read a third and final time this Third day of July 1980. Garnet B. Rickard Mayor Joseph 14. Mellroy