Newmarket | Ontario

Bylaw 2011-73, A Bylaw to prohibit smoking of tobacco products at all town playgrounds, sports and playing fields and other outdoor youth related spaces.

Smoking or using any tobacco product is prohibited within 10 m of any recreation property.

Products Included

Cigarettes, Cigars, Pipes, Other Tobacco Products

Definitions

“Smoking tobacco” includes the holding of tobacco while the product is alight or emitting or exhaling smoke from an idling cigarette or cigar or pipe or any other tobacco device and the verb “smoke” shall include a similar meaning. “Tobacco product” means tobacco in any processed or unprocessed form that may be smoked, inhaled or chewed, including snuff.

Places Smoking Prohibited

Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities

Buffer Zones

Playgrounds - Buffer Zone 1-10 m
Sports and Recreational Fields and Facilities - Buffer Zone 1-10 m

Policy Analysis

This bylaw prohibits not only the smoking of tobacco in the noted outdoor areas, but also the use of any tobacco product. It should be noted that section 115 of the Municipal Act, 2001 deals only with the smoking of lit tobacco. This bylaw also cites section 11(2) of the same Act, which provides the authority that enables local municipalities to pass more general bylaws respecting the health, safety and well-being of persons within the municipality.

Enforcement

The bylaw specifically states that Bylaw Enforcement Officers have the authority to ask someone to leave a recreation property as a result of their smoking and they must comply. As laudable as it is to prohibit the use of all tobacco products, it is not easy to enforce.

Date Passed: November 28, 2011

Date in Force: November 28, 2011

Date Last Amended:

Leading Edge: Yes

Level of Government: Municipal

Smoke-free Ontario Act Status: Exceeds Smoke-free Ontario Act

Bylaw Under Development? No

Supporting Information

Please find contact information related to this bylaw, and links to supporting materials.

Contact: info@newmarket.ca or 905-895-5193

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