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.
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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,
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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,
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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