Non-Smoking

THE CORPORATION OF THE TOWNSHIP OF ALFRED AND PLANTAGENET

BY-LAW 2003-41

BEING A BY-LAW to prohibit smoking in municipal establishments.

REFERENCE: Subsections 115(1) and (4) of the Municipal Act, 2001 and amendments thereto.

WHEREAS subsection 115(1) of the Municipal Act, 2001 states that a municipality may prohibit or regulate the smoking of tobacco in public places and workplaces;

AND WHEREAS subsection 115(4) of the Municipal Act, 2001 specifies the scope of a by-law prohibiting or regulating the smoking of tobacco in public places and workplaces;

AND WHEREAS it has been determined that second-hand tobacco smoke (exhaled smoke and smoke from idling cigarettes, cigars and pipes) is a public nuisance because of its irritating and discomforting properties and is a health hazard because of its impairment, adverse effect and risk to the health of the inhabitants of the Township of Alfred and Plantagenet;

AND WHEREAS the Council of the Corporation of the township of Alfred and Plantagenet now deems it necessary and appropriate to prohibit smoking in all municipally-owned establishments, including all community centres, to ensure the better protection of persons from conditions injurious to health resulting from second-hand smoke;

NOW THEREFORE the Council of the Corporation of the Township of Alfred and Plantagenet enacts as follows:

1. In this by-law,
   1. "Township" means the Township of Alfred and Plantagenet;
   2. "smoke" or "smoking" means the carrying of lighted tobacco products such as cigarettes, cigars, pipes or any other lighted smoking device;
   3. "second-hand smoke" means exhaled smoke or smoke from an idling cigarette, cigar, pipe or any other lighted tobacco product; and
   4. "public place" shall mean all municipal buildings and workplaces including, but not limited to the townhall, municipal offices, community centres and other buildings erected on parkland, municipal garages, fire stations, water filtration plants and libraries.
2. Effective July 1st, 2003, no person shall smoke in any municipal building, including in an elevator or on a stairway in any such building or part thereof.
3. Signs to indicate that smoking is prohibited shall be posted at all municipal buildings and shall comply with the following requirements:
   1. Carry the text "NO SMOKING / DEFENSE DE FUMER" and/or the international ""No smoking"" symbol (a circle and interdictory stroke in red through a cigarette upon a white background) and letters and figures in black;
   2. Include in the text at the bottom of each sign, "Township of Alfred and Plantagenet/ Canton d' Alfred et Plantagenet, By-Law No. 2003-41/Règlement Numéro 2003-41", in letters and figures not less than 1;4 inch in height.
4. Every person who contravenes any of the provisions of this by-law is guilty of an offence and on conviction thereofsha11 forfeit, and pay a penalty for each such offence and every such penalty shall be recoverable under the Provincial Offences Act, R.S.O. 1990, chapter P.33 and amendments thereto.
5. This by-law shall come into effect on July 1st, 2003.

READ A FIRST, SECOND AND THIRD TIME and finally 
passed this 16th day of June 2003.

Signed by Jean-Claud Trottier, Mayor, and Diane Thauvette, Clerk-Treasurer.