Chatham-Kent | Ontario

Bylaw 137-2014, being a by-law to regulate smoking of tobacco or tobacco-like products on lands within the Municipality of Chatham-Kent (“Smoke-Free Chatham-Kent By-law”) Bylaw 212-2009, By-law to amend By-law Number 265-2002 – A By-law to regulate smoking in public places and workplaces in the Municipality of Chatham-Kent – REPEALED

Smoking is prohibited:

  • On all municipal Property, including but not limited to parklands, playgrounds, beaches, boardwalks and walkways;
  • Within a sports field;
  • On any land containing playground equipment, except for privately owned land which contains a single detached dwelling;
  • Within 9 m of any entrance to a Municipal Facility;
  • Within 4 m of any Municipal bus stop.

The bylaw does not mention operable windows or airways. Designated smoking areas are allowed in uncovered municipal parking lots and at special events in public parks. According to news reports, the bylaw allows businesses to “opt in” should they choose to allow their facilities to come under the rules.

Products Included

Cigarettes, Cigars, Pipes, Other Weeds and Substances, Waterpipes

Definitions

“Smoke” or “Smoking” includes the use or carrying of any lighted or heated cigar, cigarette, pipe, Waterpipe, or any other equipment used to inhale, exhale, burn or heat any Smoking Product.

“Smoking Product” means tobacco or a tobacco-like product whose primary purpose is to be burned or heated to produce vapours, gases, or smoke, which are inhaled, and shall include but is not limited to non-tobacco herbal shisha, and other plant material or oils intended for inhalation.

“Outdoors” means any open space which is outside of a facility, building, structure, premise including any temporary building, structure or part thereof, whether covered by a roof or not.

“Property” means lands which belongs exclusively to the Municipality of Chatham-Kent and to which legal rights apply, but does not include a building, structure or premise which is leased by the Municipality to another party.

“Walkways” means an area of land designated or designed specifically for the passage of pedestrians and shall include a pathway but shall not include a Highway.

“Waterpipe” means a device in which the vapours, gases, or smoke of a Smoking Product passes through liquid prior to being inhaled, and shall include but is not limited to a bong or hookah.

Places Smoking Prohibited

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

Buffer Zones

Doorways, Air Intakes and Operable Windows - Buffer Zone 1-10 m
Transit Shelters/Stops - Buffer Zone 1-10 m

Policy Analysis

This is a leading edge bylaw because it prohibits the use of waterpipes and other weeds and substances. It is also leading edge because it prohibits smoking on all municipal property, within 4 m of bus stops, on beaches, and on trails or pathways. Allowing businesses to “opt in” is also a novel approach. However, designated smoking areas are not recommended.

Date Passed: August 11, 2014

Date in Force: September 1, 2014

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: ckinfo@chatham-kent.ca or 519-360-1998

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