Norfolk County | Ontario

Bylaw 2017-58, Being a Bylaw to Regulate Smoking in Outdoor Spaces and Recreation Properties

Tobacco smoking is prohibited:

  • Within a nine metre ( 9 m) radius surrounding any entrance or exit of a public building except that part of the nine metres which is located on the public highway;
  • On municipally-owned or operated recreation property (all indoor and outdoor areas) including a leash-free dog park, pool, recreation center, playground, skate-board park, beach, arena, stadium, sports or playing field, trail or path (golf courses excluded).

According to a news report from May 25th, 2017, this draft bylaw has been referred back to the Haldimand-Norfolk Health & Social Services Advisory Committee for further review. Norfolk council will consider input from this level as a possible point of departure for modifications.

At issue for one county council member is the proposed maximum fine of $10,000 for violations; calling it “overly restrictive” and “excessive,” James Oliver feels the bylaw is unreasonable and meaningless because no court would impose such a penalty.

Products Included

Cigarettes, Cigars, Pipes

Definitions

PUBLIC BUILDING – An enclosed building owned, operated, or leased by government which the public and employees generally have access to;

RECREATION PROPERTY – Means a park or place owned or operated by Norfolk County for recreational purposes including without limiting the generality of the foregoing a leash-free dog park, pool, recreation centre, playground, skate-board park, beach, arena, stadium, sports or playing field, trail or path, but does not in any case include a highway.
A. For the purposes of interpretation, a park or recreation property includes all indoor and outdoor areas, buildings and structures on the park or property including those parts covered by water or which are located
within the abutting road allowances, and includes the internal trails, paths, walkways, parking, lots and lanes for vehicular or pedestrian use, specifically including both public and restricted access portions of such
property, and further this By-law applies to a person while they are within or on a vehicle within such areas.

B. Recreation property also includes the waters of Lake Erie abutting Norfolk County extending out for a distance of twenty (20) metres from all land regardless if the land is under municipal control or ownership or operation in instances where access to beaches of the abutting land is readily available to the public.

i. For the purposes of this By-Law Lake Erie is defined a recreation area primarily for swimming for the purposes under paragraph 7 of subsection 9(2) of the Smoke Free Ontario Act.

ii. For the purposes of this By-law all land within (20) twenty metres of Lake Erie, which is generally accessible, either expressly or implicitly, to the public is deemed to be a public area or spectator area for the watching of swimming.

C. Recreation area does not include any municipal golf courses.

SMOKE OR SMOKING – Includes the carrying of a lighted cigar or cigarette, pipe or any other lighted material.

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

Buffer Zones

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

Policy Analysis

Although the bylaw applies only to tobacco, and the number of places where smoking is prohibited is fewer than other bylaws, it does nevertheless contain some leading edge provisions:

  • Trails and paths; and
  • Beaches

Air intakes and operable windows are not included in the 9 m smoke-free buffer zones.

Date Passed:

Date in Force:

Date Last Amended:

Leading Edge: Yes

Level of Government: Municipal

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

Bylaw Under Development? Yes

Supporting Information

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

Bylaw 2017-58

News item – Outdoor smoking bylaw under review

 

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