Windsor | Ontario

Amending Bylaw No. 175-2016–Bylaw No. 113-2006, A Bylaw to Prohibit Smoking in the City of Windsor

As of 2006, smoking was prohibited within 9 m of an entrance way to a municipal building. The bylaw does not mention air intakes or operable windows and nor does it apply to other buildings to which the public has access.

On 21 November 2016 Council amended Bylaw 113-2006 with Amending Bylaw No. 175-2016 to prohibit smoking in the following locations:

City parks

• Beaches
• Trails
• Bus shelters
• Boat ramps/marinas, except when aboard a personal watercraft or on an associated boat ramp
• Arenas, community centres or recreation centres including any lane, walkway or public parking area leading to it
• Conservation areas, and
• Community gardens.

The amended bylaw:

• Expands the definition of smoking to include e-cigarettes, waterpipes, or any other lighted or heated equipment used to smoke or vaporize any tobacco or non-tobacco product;
• Permits designated smoking areas;
• Expands responsibility for the enforcement of the bylaw to include the Windsor-Essex County Health Unit (WECHU) through its Tobacco Enforcement Officers (TEOs).

Products Included

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

Definitions

“Smoke” or “smoking” has its ordinary meaning and includes the carrying of a lighted or heated cigar, cigarette, pipe, water pipe, hookah, e-cigarette, or any other lighted or heated equipment used to smoke or vaporize any tobacco or non-tobacco product

“Bus shelter” means a fully enclosed or partially enclosed waiting area which is intended for use by passengers waiting to use the Transit Windsor passenger transportation system

“Community garden” means lands in respect of which a community garden license or permit has been issued by the City

“Conservation area” means Spring Garden Natural Area, Oakwood Natural Area, South Cameron Woodlot, Peche Island and Little River Corridor

“Designated smoking area” means an area where smoking is permitted on land owned by the City listed in Schedule “A” to this by-law

“Park” means land owned by the City that is designed or used for public recreation including, but not limited to, parklands, parkettes, trails, community gardens, playgrounds, sports fields, playing fields, beaches including any adjacent bodies of water, and includes any lane, walkway or public parking area leading thereto and any spectator or player seating areas

“Temporary designated smoking area” means an area where smoking is temporarily permitted on land owned by the City listed in Schedule “B” to this by-law or temporarily permitted under the terms of an agreement entered into with the City or temporarily permitted pursuant to a permit issued by the City

Places Smoking Prohibited

Beaches
Doorways, air intakes, operable windows
E-cigarettes (indoors)
E-cigarettes (outdoors)
Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities
Trails
Transit Shelters/Stops
Waterpipes (indoors)
Waterpipes (outdoors)

Buffer Zones

Doorways, Air Intakes and Operable Windows - Buffer Zone 1-10 m

Policy Analysis

This is a leading edge bylaw as the definition of smoking now includes e-cigarettes, waterpipes and other weeds and substances. The bylaw also  prohibits smoking on beaches, trails, in parks, and partially or fully enclosed bus shelters. However, smoking is permitted in designated smoking areas and temporary designated smoking areas, as outlined in appendices A and B to the bylaw. It would strengthen the bylaw if these areas were phased out.

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