Essex, Town of | Ontario

By-Law Number 1228, being a by-law to prohibit smoking on any property owned or leased by the Town of Essex

The bylaw prohibits smoking on all municipal property except sidewalks and roads. However, it allows for designated smoking areas. Municipal property is not defined in the bylaw.

Products Included

Cigarettes, Cigars, Pipes, Electronic Smoking Devices, Other Weeds and Substances, Waterpipes

Definitions

“Designated Smoking Area” means a space located on municipally owned or leased property which has been designated by the Town of Essex with signage and smoking disposal equipment to permit smoking away from areas where persons, particularly youth, congregate or travel.

“Smoke or Smoking” means the carrying of a lighted cigar, cigarette, pipe or any other lighted or heated smoking equipment used to smoke or vaporize any tobacco or non-tobacco substance.

“Temporary Designated Smoking Area” means a space located on municipally owned or leased property which has been temporarily designated by the Town of Essex with signage and smoking disposal equipment to permit smoking during a special event, fair, community gathering, etc.

Places Smoking Prohibited

E-cigarettes (outdoors)
Municipal Property
Waterpipes (outdoors)

Policy Analysis

This bylaw has a leading edge element because it prohibits the use of other weeds and substances, waterpipes and e-cigarettes in the locations noted. However, designated smoking areas are not recommended

It is noteworthy that Essex has not yet regulated the use of electronic cigarettes and waterpipes indoors–arguably where there is more urgency.

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