THE CORPORATION OF THE CITY OF
BY-LAW NUMBER 31-2002
A
by-law respecting smoking in public places
WHEREAS
it has been determined that environmental tobacco smoke
(exhaled smoke and the smoke from idling cigarettes, cigars or pipes), also
known as ETS and second-hand smoke, is a health hazard because of its adverse
effects and risk to the health of the inhabitants of the City of Burlington;
AND WHEREAS
the Medical Officer of Health for the Region of Halton has
declared that second-hand smoke is a serious health hazard;
AND WHEREAS
it is desirable for the health, safety and welfare of the
inhabitants of the City of Burlington to provide for the prohibiting and
abating of second-hand smoke in accordance with the provisions of this by-law;
AND WHEREAS
section 213 of the Municipal
Act, R.S.O. 1990, c. M.45 as amended authorizes Councils of local
municipalities to pass by-laws regulating the smoking of tobacco in public
places within the municipality and designating public places or classes or
parts of such places in which smoking tobacco or holding lighted tobacco is
prohibited;
THE COUNCIL OF THE
CORPORATION OF THE CITY OF
Definitions
1. In this by-law:
"bingo hall"
means a building, location or premises where the conduct of bingo events is
licensed;
“bowling centre” means a building or structure or part thereof where the principle
business is the provision of bowling lanes for hire or gain;
“billiard/pool hall” means a building or structure or part thereof where the principle
business is the provision of billiard tables for hire or gain;
"City" means The Corporation
of the City of
"common area" means that
part of any building or structure including a commercial or retail
establishment, residential condominium or multiple dwelling unit apartment
building, other than a dwelling unit, to which the public may have access,
whether as of right or by invitation, express or implied and includes, but is
not limited to, a reception area for receiving or greeting customers, clients,
patients, guests or other persons, elevators, escalators, hallways, stairwells,
foyers, lobbies, laundry rooms, washrooms, and amenity areas;
"common areas of enclosed
shopping malls" means those areas of the mall that are
open to the public and that are not part of a particular retail establishment
or other business within the mall;
"Designated Smoking Room"
means a room within a building or structure or part thereof that is completely
enclosed on all sides and separately ventilated and meets the requirements of
Schedule “C”;
“dining room” is that portion or area within a restaurant
where sit down table service of meals or beverages is provided at any time for
on-site consumption;
“enclosed”, except as noted,
means closed in by a roof or ceiling and walls with appropriate openings for
ingress and egress;
“food court or indoor patio”
means an area located within a public place that is used in conjunction with a
restaurant or take-out eating establishment, where unenclosed seating is
provided or where meals or refreshments are consumed by the public;
“gasoline kiosk” means a building,
booth, stall or enclosed place where goods or services are sold or offered for
sale to the public on the premises or an automobile service or gasoline
station;
“patron”
means a customer, client, guest or visitor, not an employee.
“private club”
means a building or part thereof which is under the exclusive possession and
control of a club meeting the following criteria:
|
(a) |
the club has a fixed
membership list, |
|
(b) |
each member must pay
an annual or periodic membership fee, |
|
(c) |
the club must have
an executive/leadership that is elected by all the members on an annual or
periodic basis, |
|
(d) |
the club must have a
constitution and/or by-laws that provide for the governing rules of the club, |
|
(e) |
the club is
registered under the Income Tax Act as a non-profit charitable organization,
and |
|
(f) |
the private club is
for the private assemblage of its members such that non-members cannot enter
the premises unless accompanied by a member except for such periods that the
private club invites the public to attend |
“proprietor” means any person who
owns or occupies or ultimately controls, governs or directs the activities
carried on within a public place, and includes the person actually in charge of
the premises;
“public hall”
means premises, including banquet facilities, licensed by the City of
“public place”
means the whole or part of any place designated as a public place under Section
2 of this by-law;
“public transit vehicle”
means any vehicle used for transporting the public and includes a school bus
and a passenger vehicle used for hire;
“reception area” or “lobby”
means the indoor public space used by an office, establishment, residential
building, hotel or inn for the receiving or greeting of customers, clients,
residents or other persons dealing with such office, establishment, residential
building, hotel or inn;
“restaurant” means an
establishment engaged in the sale and service of food or drink or both to the
public for consumption on the premises, and includes a bar, tavern, nightclub,
cafeteria, café and those portions of a hotel or inn where such sale and
service is carried on;
"service line" means a line
of two or more persons awaiting service of any kind available to the public,
regardless of 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;
"smoke or smoking"
includes the carrying of a lighted cigar, cigarette, pipe or other lighted
smoking equipment but does include the act of smoking where smoking is an
element of a stage production or a theatrical performance;
“stand up bar” means
that area in which seating may or may not be provided, where the service of
alcoholic beverages for on-site consumption takes place and where sit-down
table service of meals or beverages is not generally provided.
"video or amusement
arcade" means premises to which the public has access
and which contain electrical or mechanical machines or devices that may be used
for playing games for the entertainment or amusement of the players.
Designation of Public Places
2. The whole or part of every enclosed area to
which the public has access as of right or by invitation, express or implied is
designated as a public place for the purposes of this by-law and without
limiting the generality of the foregoing, the places listed in Schedule "A"
to this by-law are designated as public places.
3. Notwithstanding Section 2 of this by-law:
(a) a private club shall
not be considered a public place while being used exclusively for the private
assemblage of persons; and
(b) a public hall shall
not be considered a public place while used exclusively for the private
assemblage of persons.
General Prohibition
4. No person shall smoke in a public place.
Exceptions
5. Bingo Halls, Private Clubs and Public
Halls, Restaurants, Bowling Centres and Billiard/Pool
Halls
5.1 Bingo Halls
Notwithstanding
Section 4, fifty percent (50%) of the seating in a bingo hall is permitted for
smoking until
5.2 Private Clubs and Public Halls
Notwithstanding
Section 4, when a private club or public hall is not being used exclusively for
the private assemblage of persons, the maximum seating for smoking is thirty
percent (30%) of the posted occupant load.
(a) On
(b) On
(c) No person under 19 years of age is permitted
in the Designated Smoking Room.
5.3 Restaurants
Notwithstanding
Section 4, smoking is permitted in a restaurant, excluding the dining room
where no smoking is permitted, provided:
(a) Smoking is limited to thirty percent (30%) of
the posted occupant load of the restaurant; smoking is only permitted in a
stand up bar where there is no Designated Smoking Room;
(b) Effective
(c) Effective
(d) No person under 19 years of age is permitted
in the stand up bar or a Designated Smoking Room.
5.4
Bowling
Centres
Notwithstanding
Section 4, smoking is permitted in a bowling centre, excluding any dining room
where no smoking is permitted, provided:
(a) Smoking is limited to thirty percent (30%) of
the posted occupant load of the bowling alley;
(b) Effective
(c) Effective
(d) No person under 19 years of age is permitted
in the Designated Smoking Room.
5.5 Billiard/Pool Halls
Notwithstanding
Section 4, smoking is permitted in a billiard/pool hall, excluding any dining
room where no smoking is permitted, provided:
(a) Smoking is limited to thirty percent (30%) of
the posted occupant load of the billiard/pool hall;
(b) On
(c) On
(d) No person under 19 years of age is permitted
in the Designated Smoking Room.
Proprietor Obligations
6. (a) A proprietor shall not permit a person to
smoke in a place where smoking is prohibited under this by-law;
(b) Where smoking is
prohibited under this by-law, a proprietor shall ensure compliance with this
by-law and shall inform any person who is smoking in a prohibited area that
smoking in that area is prohibited;
(c) A proprietor
shall ensure that no ashtrays or like paraphernalia are placed or allowed to
remain in the public place, other than ashtrays installed in a vehicle by the
manufacturer.
(d) Every proprietor
shall ensure that “No Smoking” signs are conspicuously posted and clearly
visible in all areas within a public place where there is no smoking and in
compliance with the standards set out in this by-law, so as to clearly identify
that smoking is prohibited.
(e) Where a
Designated Smoking Room has been provided, every proprietor shall ensure the
Designated Smoking Room is operational and in compliance with Schedule “C” at
all times.
Signage
Requirements
7. Where a "No Smoking" sign is
required to be posted under this by-law, the sign shall be in proportions and
characteristics as set out in Schedule "B" to this by-law.
7.1 Without limiting the generality of Section 6(d) of this by-law,
every proprietor of a public place shall ensure that a "No Smoking"
sign is posted;
(a) within any public
washroom;
(b) in every food court
or indoor patio area;
(c) at every entrance to
a non-smoking area;
8. Where a “DSR” sign is required to be posted
under this by-law, the sign shall be in proportions and characteristics as set
out in Schedule “B” to this by-law.
8.1 Without limiting the generality of
Section 6 (d) of this by-law, every proprietor of a public place shall ensure
that a “DSR” sign is posted;
(a) within any Designated Smoking Room (DSR);
(b) at every entrance to a DSR.
Offence and Penalty
9. Every person who contravenes a provision of
this by-law is guilty of an offence and upon conviction is liable to a fine as
provided for under the Provincial
Offences Act, R. S. O. 1990, c. P .33 as amended.
Enforcement
10. Municipal Law Enforcement Officers employed
by the City and Public Health Inspectors employed by the Regional Municipality
of Halton Health Department are hereby appointed as Inspectors for the purposes
of enforcing this by-law and may:
(a) at any reasonable
time, enter any public place, other than a dwelling unit, for the purpose of
determining whether there is compliance with the by-law;
(b) make such
examinations, investigations and inquiries as are necessary to determine
whether there is compliance with this by-law.
Conflict
11. If a provision of this by-law conflicts with
an Act or regulation or another by-law the provision that is the most
restrictive of smoking shall prevail.
Schedules
12. The Schedules to this by-law shall be deemed
to form part of this by-law.
Severability
13. If any section or sections of this by-law or
parts thereof are found by a 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 therefrom and to be
enacted as such.
Implementation Date and Repeal
14. This by-law shall come into full force and
effect on
15. By-law 39-1998, as amended is hereby
repealed, effective upon the coming into force of this by-law.
Short Title
16. This by-law may be cited as the
"Smoke-Free Public Places By-law”.
ENACTED AND PASSED
this 24th day of June 2002.
MAYOR:
___________________________________
CITY CLERK:
_______________________________
SCHEDULE
“A” TO SMOKING IN PUBLIC PLACES BY-LAW 31-2002
Examples
of Public Places
Without limiting the generality
of Section 2, the following enclosed places are included within the definition
of public places:
|
(a) |
the common areas of
residential, commercial or office buildings |
|
(b) |
the common areas of
shopping malls |
|
(c) |
a food court |
|
(d) |
a restaurant |
|
(e) |
a bar |
|
(f) |
a public restroom |
|
(g) |
a public elevator or
stairwell |
|
(h) |
the reception or
waiting areas of offices, service facilities |
|
(i) |
a bingo hall |
|
(j) |
a bowling centre |
|
(k) |
a cinema |
|
(l) |
a theatre |
|
(m) |
a retail shop |
|
(n) |
a laundromat |
|
(o) |
a barber shop or
hairdressing establishment |
|
(p) |
a public transit
vehicle |
|
(q) |
a school bus |
|
(r) |
a taxicab |
|
(s) |
a limousine |
|
(t) |
a transit shelter |
|
(u) |
a gasoline kiosk |
|
(v) |
an indoor service
line |
|
(w) |
a video or amusement
arcade |
|
(x) |
a public hall |
|
(y) |
an enclosed sports
facility |
|
(z) |
an entertainment
lounge |
|
(aa) |
a billiard/pool hall |
|
(bb) |
a place of amusement |
|
(cc) |
a nightclub |
SCHEDULE
“B” TO SMOKING IN PUBLIC PLACES BY-LAW 31-2002
Signage: STANDARDS FOR NO SMOKING SIGNS
1. “No Smoking” signs shall:
(a) be of sufficient
size and conspicuously posted so as to clearly identify that smoking is
prohibited within a public place or area within the public place;
(b) include a symbol of a cigarette within an
interdictory symbol together with the words “City of Burlington By-law”, in
similar proportion to the diagram set out below, and may include additional
wording that does not detract from the message that smoking is not permitted
within the public place;
(c) shall consist of
letters and graphic symbol of colour(s) which
contrast with the background colour of the sign or
the surface to which it is applied.
SCHEDULE
“B” TO SMOKING IN PUBLIC PLACES BY-LAW 31-2002
2. “DSR” signs shall:
(a) be of sufficient size and conspicuously
posted so as to clearly identify that no person under the age of nineteen (19)
years of age may be admitted to the DSR and to provide a warning that the DSR
contains tobacco smoke;
(b) be rectangular in shape, a minimum of 11 cm.
High x 28 cm. Wide or 4.25” high x 11” wide, or other such size as approved by
the Director of Building;
(c) include the words “City of Burlington
By-law”, in similar proportion to the diagram set out below, and may include
additional wording that does not detract from the warning message and the
message that persons under the age of nineteen (19) years of age may not be
admitted to the DSR;
(d) shall consist of
letters which contrast with the background colour of
the sign or the surface to which it is applied.
Maximum fine $5,000
Under 19?
No person under the age of nineteen (19) years of age may be
admitted to this Designated Smoking Room.
City of
Warning: This area contains
tobacco smoke, which is harmful to health both for Smokers and for those who
breathe in second hand smoke.
SCHEDULE
“C” TO SMOKING IN PUBLIC PLACES BY-LAW 31-2002
Designated Smoking Rooms
1. A Designated Smoking Room (DSR) shall:
(a) be completely
enclosed on all sides by solid floor-to-floor or floor-to-roof walls, windows
or partitions unless approved otherwise by the Director of Building;
(b) be equipped with a
door or doors that is/are:
(i) not maintained in an open position by any means, and
(ii) equipped with an
alarm system which shall alarm whenever the door or doors is/are in an open
position for longer than 1 minute. Such alarm system shall be in operation at
all times the establishment is open for business.
(c) be equipped with a separate ventilation system that:
(i) maintains a minimum ventilation rate of thirty (30) litres per second per person based on the maximum occupancy
of the DSR,
(ii) is ventilated
directly to the outside air,
(iii) is exhausted at a
rate that must continuously exceed one hundred and ten percent (110%) of
supply,
(iv) is exhausted no less
than three (3) metres from any air intake or opening,
(v) has an interlock
between the air supply system and the exhaust system to ensure continuous
operation of both systems,
(vi) is operating
continuously at all times when any person is allowed to be present in such
room.
(d) be located such that:
(i) non-smoking individuals do not require access to or through,
and
(ii) employees are not required
to go through in order to serve persons in an area where smoking is prohibited,
and
(iii) is not located within
common areas such as washrooms, stairwells and corridors, escalators,
elevators, areas devoted to food preparations and/or display, storage or
reception areas.
(e) have the mechanical ventilation system designed and certified for compliance
with these standards by a mechanical engineer and documentation of such
certification together with an air balancing report must be provided forthwith
upon completion of the Designated Smoking Room and installation of this
ventilation system prior to initial occupancy of the DSR.
(f) at the sole cost of the owner/operator, be inspected and certified
annually following installation, for compliance with these standards by a
mechanical engineer retained by the owner/operator. Such certification to be
provided to the Building Department 30 days prior to expiration of the DSR
Certificate.
(g) in
addition to any fees required elsewhere in this by-law, the Designated Smoking
Room must be approved by the Director of Building and the administrative fee
for such Certificate shall be $250.00 annually.
(h) be the workplace of only employees who have agreed to work
in this smoking area.
(i) be constructed under
Building Permit and meet all the requirements of the Ontario Building Code.