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HomeMy WebLinkAboutCD-11-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT __i'�'�`S as '"° ✓r Meeting: General Purpose and Administration Committee i=ile# �.G C Date: Monday, July 19, 1993 Res # P _ tom& Report#: CD-11-93 File#: By-Law Subject: SMOKING BY-LAW Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-11-93 be received; 2 . THAT, effective September 7, 1993, all Municipal facilities be designated smoke-free; 3 . THAT the smoke-free designation include all municipally-owned, leased,. or controlled vehicles; 4 . THAT a public meeting be held in September 1993 for the purpose of receiving input from business owners and citizens regarding smoking in retail and private sector establishments; 5 . THAT $3,000 .00 be allocated from the Civic Administration Lot Levy Reserve Fund Account #1110-158-X to allow for the creation of a designated smoking area at the south-west side of the Municipal Administrative Centre; 6 . THAT the By-law attached to Report CD-11-93 be forwarded to Council for passage 7. THAT all interested individuals be advised of Council's decision. 1. BACKGROUND: 1. 1 In 1980, the Council of the Town of Newcastle enacted By-law 80-86 respecting smoking. This By-law dealt with smoking in retail outlets and other public places only. 1.2 In January 1990 the Provincial Government enacted the "Smoking in the Workplace Act" to restrict workplace smoking by establishing minimum standards that limit exposure to tobacco smoke in the workplace. Areas used primarily by the public are exempt from the Act. 6n / . . .2 onPEA E�.��E THiS 6 PaIM1E QY RECYCLED PnPEa REPORT NO: CD-11-93 PAGE TWO 1.3 In March 1992 the Town designated smoking areas in the following workplaces: - Municipal Administrative Centre (9 areas) - Parks Department - Bowmanville Recreation Complex - Darlington Sports Centre - Newcastle Fitness Centre - Public Works Depots - Fire Stations 1.4 The Joint Health and Safety Committee, at their December meeting, recommended that consideration be given to designating all workplaces smoke free. 2. REPORT: 2 . 1 Subject to the designated areas listed above, smoking in Town-owned facilities, including the Municipal Administrative Centre, is presently prohibited at any service counter. 2 .2 The Smoking in the Workplace Act R.S.O. 1990 states; "an employer MAY designate one or more locations in an enclosed workplace as smoking areas . " This is entirely at the discretion of the employer. It is not required under the Act. 2 .3 In reviewing the policies of other municipalities within the Region, it is reported that by-laws have now been initiated to reflect smoke-free buildings . This greatly eases the problems of ensuring compliance and enforcement which are inherent in buildings with designated smoking areas. 2 .4 The layout of many of the existing buildings with regard to public service, ventilation, air quality, etc. , does not lend itself to the creation of designated areas . Food service lines and washrooms are difficult to separate and enforce. The Community Services Department has posted signs in various locations in municipal facilities, however, the situation is difficult to control without an effective by-law. It is therefore recommended that all municipal facilities be designated smoke-free. 2 .5 The smoking prohibition ,would not extend to cover events where the facility has been leased to the private sector for dances, weddings, etc. Organizers of those events will decide for themselves whether or not to accept smoking at the event. 2 .6 Presently the Fire Department prohibits smoking in any of their vehicles . It is recommended that this ban be extended to include all municipally-owned, leased, or controlled vehicles . This will not apply to the staff member who operates his own vehicle as part of his regular duties. . . .3 O0 REPORT NO: CD-11-93 PAGE THREE 2 .7 The Community Services Department is examining proposals to establish an outdoor smoking area at the south-west side of the Municipal Administrative Centre. This will include the installation of an awning and stairs. Initial estimates for the cost of setting up the area are approximately $3,000. 00. to come from the Civic Administration Lot Levy Reserve Fund Account #1110-158-X. The use of this area creates a sheltered designated area for employees, removed from public scrutiny. 2 .8 Council has received many letters and delegations from citizens requesting that the Durham Region Model By-law Regulating Smoking in Public Places be endorsed. Because this model by-law deals primarily with restaurants and retail outlets, it is recommended that a public meeting be held in September to receive public input. 3. ENFORCEMENT OF BY-LAW: 3. 1 Questions have been raised in the past concerning the By-law Division's ability to lay charges and aggressively enforce a smoking by-law. Several municipalities administer their Smoking By-law on a citizen complaint and private charges basis. The local municipality does not become directly involved. The Provincial Offences Act R.S.O. 1990, Subsection 23(1) provides that any person who believes an offence has been committed may contact a Justice of the Peace to lay charges privately. Given the inherent restrictions and limitations, it is futile, if not practically impossible, to leave the enforcement of this By-law strictly to a single enforcement agency. 3 .2 In all circumstances staff have the option to remove any person who does not comply with any restrictions or regulations of the premises . The authority for this is found in Sec. 2(1) (a) (ii) of the Trespass to Property Act. The Act reads in part, "Every person who . . . . engages in an activity on premises when the activity is prohibited. . . is guilty of an offence. " If necessary, the police can be requested to assist in the removal on the basis that the offender is trespassing. 4. CONCLUSION: 4. 1 The proposed by-law will require a great many changes in attitudes and practices by both the public and Town staff. An effective date of September 7, 1993 is included in the by-law to allow an opportunity for the by-law to be adequately advertised. 4.2 If Council wishes to adopt the recommendations contained herein, it will be necessary for Resolution #C-225-92 to be rescinded. Respe tful submitted, Recommended for presentation to-,the Commit att� Bar e, A.M.C.T. Lawrence E. Ro eff, M.C.I.P. Clerk � r 4 Chief Adminis tive Officer 14 INTERESTED INDIVIDUALS TO BE NOTIFIED OF COUNCIL'S DECISION Ms. Sandra Schmidt Ms. E. Stroud Public Health Nurse 89 Little Avenue Tobacco Use Bowmanville, Ontario Prevention Program L1C 1J9 Regional Municipality of Durham Mrs. P. Vickery 1615 Dundas Street East 3541 Morgans Road Suite 210 R.R. #8 Whitby, Ontario Newcastle, Ontario L1N 2L1 L1B 1L9 Mr. D.W. Taylor Mrs. M. Farrow 1951 Concession Road 6 5400 Regional Road 18 R.R. #1 R.R. #1 Hampton, Ontario Newtonville, Ontario LOB 1JO LOA 1J0 Mrs . S. Thompson Mr. J.S. Windatt 36 Cloverfield Street R.R. #1 Courtice, Ontario Newtonville, Ontario LlE 1K8 LOA 1J0 Mr. A.E. Tibbles Mr. D. English Executive Director R.R. #5 The Lung Association Bowmanville, Ontario The PHI Centre L1C 3K6 40 King Street West Suite 605 Mrs. M. Tillcock Oshawa, Ontario Education Chairman L1H 1A4 Bowmanville Unit Canadian Cancer Society Ms. C. Hewitt P.O. Box 42 Chairperson Bowmanville, Ontario Council for a Tobacco- L1C 3K8 Free Durham Region 1615 Dundas Street East Dr. R.J. Kyle Suite 210 Medical Officer of Health Whitby, Ontario Regional Municipality of Durham L1N 2L1 Whitby Mall Suite 210 Mr. C.W. Lundy 1615 Dundas Street East Regional Clerk Whitby, Ontario Regional Municipality of Durham L1N 2L1 605 Rossland Road East Box 623 Whitby, Ontario L1N 6A3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 93-117 being a By-law Respecting Smoking in Municipal Buildings, Facilities and Vehicles WHEREAS Section 102 of The Municipal Act R.S.O. 1990 c .M45 provides for every municipality to pass By-laws and make such regulations for the health, safety and welfare of the Municipality; AND WHEREAS The Smoking in the Workplace Act R.S.O. 1990, c .S13 permits an employer to prohibit smoking in a workplace and designate one or more places as smoking areas; AND WHEREAS The Council of the Corporation of the Municipality of Clarington supports the objective of a smoke-free society; THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: . DEFINITIONS: 1. In this By-law, (a) "Corporation" means the Corporation of the Municipality of Clarington; (b) "Council" means the Council of the Corporation of the Municipality of Clarington; (c) "municipal building" , "municipal facility" or "municipal vehicle" means any building, structure or vehicle owned leased, controlled or used by the Municipality or by a community recreation board of the Municipality; includes recreational facilities, arenas, pools, locker/change rooms, spectator areas, common areas, concession areas and washrooms; (d) "Municipality" means The Corporation of the Municipality of Clarington; and (e) "smoke" or "smoking" includes the carrying or use of a lighted cigar, cigarette, pipe, or any other lighted or similar equipment, device or product. PROHIBITED AREAS: 2 . No person shall smoke, (a) in any municipal building or facility; or (b) in any vehicle owned by the Municipality. 3 . Notwithstanding clause 2(a) , if the municipal building or facility has been rented to a private group or organization either by the Municipality or by a community recreation board of the Municipality, smoking may be permitted therein by such private group or organization. 2 - PREVAILING PROVISION: 4 . In the event that any provision of this By-law is less restrictive than either any other By-law of the Municipality or any law of general application, the By-law or law which is the more restrictive of smoking shall be deemed to prevail. SEVERABILITY: 5 . Should any section, clause or provision of this By-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this By-law as a whole or any other part thereof, other than the part so declared to be invalid. OFFENCE: 6 . Any person who contravenes any provision of this By-law is guilty of an offence. EFFECTIVE DATE 7 . This By-law shall come into force and take effect on September 7, 1993 . By-law read a first and second time this 19th day of July, 1993 . By-law read a third time and finally passed this 19th day of July, 1993 . MAYOR DEPUTY CLERK