Whitby | Ontario

Bylaw No. 6832-14, Smoking in Outdoor Public Places Bylaw

Noting the use of e-cigarettes is increasing, on September 18, 2017, Council voted to have City staff conduct a comprehensive review of the Parks Bylaw and Smoking in Outdoor Public Places Bylaw before the end of Q1 2018, including regulations related to “non-tobacco smoking.”

Tobacco smoking is currently prohibited at and within 15 m of the following areas:

  • Playgrounds
  • Recreational facilities and fields
  • Parkettes, and
  • Entrances to municipal buildings.

Smoking is also prohibited in outdoor areas where municipal events are being held, except in designated smoking areas (smoking is not regulated at public events on the same property that are not run by the municipality).

There is no mention in the bylaw about air intakes and operable windows.

$40,000 was to be taken from Whitby’s reserves to be allocated for the installation of signage and for the development and implementation of a public education and advertising program.

Products Included

Cigarettes, Cigars, Pipes

Definitions

Smoking includes any lighted tobacco product and the smoking, holding or carrying of a lighted cigar, cigarette, or pipe and Smoke has a corresponding meaning.

Designated Smoking Area means an area that is delineated for the purpose of smoking; and no persons under the age of nineteen (19) years are permitted within a Designated Smoking Area.

Outdoor Public Place means but is not limited to a municipal building, a playground area, outdoor recreational field, outdoor recreational facility, parkette, and municipal events area.

Outdoor Recreational Facility means any area located on municipal property or property leased by the Municipality for the purpose of providing municipal services for the playing of sports or for activities including but not limited to splash pads, tennis courts, multi-purpose courts, skateboard facilities, bocce courts, lawn bowling green, off leash dog parks, field houses and club houses, beaches, picnic shelters and designated picnic areas.

Outdoor Recreational Field means any area located on municipal property or property leased by the Municipality for the purpose of providing municipal services for the playing of sports or for activities including but not limited to soccer fields, lacrosse fields and boxes, multi-purpose fields, baseball diamonds, players benches and warm-up areas, side lines, and spectator seating areas.

Parkette means an area located on municipal property or property leased by the Municipality for the purpose of providing municipal services and is generally less than 1.0 hectare in size and may contain a landscaped area with a bench(es), or may contain limited recreational equipment for the enjoyment and exercise of children and youth such as but not limited to a slide, climbing apparatus or swings.

Playground Area means an outdoor area located on municipal property or property leased by the Municipality for the purpose of providing municipal services for the enjoyment and exercise of children and youth, that has recreational equipment installed but not limited to swings, slides, climbing apparatus, play sand area, benches, gazebos and/or shade structures, rocks, wood chips, rubber or any other similar material.

Public Entrance and Public Exit means any entrance or exit designated for use by the public to enter or exit a municipal building, or a building leased and occupied by the municipality to provide municipal services.

Places Smoking Prohibited

Doorways, air intakes, operable windows
Outdoor Events
Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities

Buffer Zones

Doorways, Air Intakes and Operable Windows - Buffer Zone 11-20 m
Playgrounds - Buffer Zone 11-20 m
Sports and Recreational Fields and Facilities - Buffer Zone 11-20 m

Policy Analysis

Designated smoking areas are not recommended. Furthermore, it is confusing to the public to allow smoking at public events held by private organizations on municipal lands, but not at public events held by the municipality on the same lands.

Enforcement

Since smoking is not regulated at public events held on the same property as municipal events, but that are not run by the municipality, there is bound to be confusion among members of the public, which will hamper enforcement efforts.

Date Passed: February 10, 2014

Date in Force: May 1, 2014

Date Last Amended:

Leading Edge: No

Level of Government: Municipal

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

Bylaw Under Development? No

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