5-2005 08:44 PECounty Clerks Office 6134765727 P.01 THE CORPORATION OF THE COUNTY OF PRINCE EDWARD BY-LAW NO. 1069 2003 A BY-LAW OF THE COUNTY OF PRINCE EDWARD RESPECTING SMOKING IN PUBLIC PLACES. WHEREAS it has been determined that environmental tobacco smoke (exhaled smoke and the smoke from idling cigarettes, cigars or pipes), also known as second-hand smoke, is a health hazard because of its adverse effects and risk to the health of the inhabitants and workers in the County of Prince Edward; AND WHEREAS the Medical Officer of Health for the Counties of Hastings and Prince Edward declared that second-hand smoke is a serious health hazard, particularly to children; AND WHEREAS it is desirable for the health, safety, and welfare of the inhabitants and workers of the County of Prince Edward to provide for the prohibiting and abating of smoking and second-hand smoke in accordance with the provisions of this By-law; AND WHEREAS Section 115 of the Municipal Act, 2001, S.O. 2001, c 25, as amended, authorizes the Council of the local municipalities to pass by-laws prohibiting or regulating the smoking of tobacco in public places within the municipality; THEREFORE the Council of the Corporation of the County of Prince Edward enacts as follows: DEFINITIONS 1. In this by-law: THAT NO PERSON SHALL SMOECE IN ANY PUBLIC PLACE. (a) (b) (c) (d) (e) amusement arcade means a place to which the public has access and which is equipped with five (5) or more machines or devices that may be used for playing games solely for the entertainment and amusement of the players; arena means any building, location or premises comprised of, but not restricted to, a rink, floor or ice surface, spectator seating areas, dressing rooms and canteen facilities, to which the public has access to view or participate in sporting events; ashtrdy mean$ a receptacle for tobacco ashes and for cigar and cigarette butts; means an establishment licensed by the Alcohol and Gaming Commission of Ontario where persons under 19 years of age are not permitted to enter, either as a patron or as an employee; barber shop or hairdressing establislment means any building, location or premises where hair is styled, cut, trimmed, treated or washed; ( bingo hall means any building, location or premises, licensed by the Alcohol and Gaming Commission of Ontario, where the conduct of bingo events is licensed: (g) Children means any person who is less than nineteen 19 years old;
JUL-25-2005 08:44 PECounty Clerks Office I I / (h) means the County of Prince Edward; (i) fi) (k) Countv Clerk means the County Clerk of the County of Prince Edward; common area means any indoor area of a building that is open to the public for the purposes of access to a retail shop, establishment or office and includes corridors, passageways, unenclosed eating areas in corridors, passageways, public restrooms, unenclosed public seating areas and unenclosed public standing areas, whether or not the eating area, seating area or standing area is leased; Council means the County Council of the County of Prince Edward; (1) Designated Smoking Area means an area of a premise as established by this by-law, determined by the owner, that may allow persons to smoke; (m) Designated Smoking Room means a room that meets all the requirements set out in Schedule "A" to and forming this by-law; enclosed means indoors or inside a building, structure or vehicle composed of surfaces (floors, ceilings and walls) not readily permeable by outdoor air, such that there is no free exchange of air with the outdoors; hod court means an area within a shopping mall where food or drink is offered for sale or sold to the public for immediate consumption: insvector means a person appointed by Council as a municipal by-law enforcement officer to enforce this by-law; laundromat means any facility, premises or area within a building to which the public has access established for the purposes of laundering, washing or drying on a self-service basis; limousine means a motor vehicle, kept or used for hire for the conveyance ofpassengcrs either wholly within the County of Prince Edward oito any point beyond its limits, but shall not include a public vehicle as defined in the Public Vehicles Act, RSO 1990, an ambulance, or a fmeral hearse, aerson includes a corporation; place of public assembly means the whole or part of an indoor area to which the public has access by right or by invitation, express or implied, whether by payment of money or not, but does not include a place when used exclusively by one or more individuals for a private gathering or personal purpose; private club means a facility in which the following criteria are met: 1. The club must have a fixed membership list. 2. Each member must pay an annual or periodic membership fee. 3. The club must have an executive /leadership that is elected by all the members on an annual or pcriodic basis. 4. The club must have a constitution and by-laws that provide the governing rules for the membership, executive, fees, etc. 5. The club is operated on a -basis. 6. Non-members cannot enter rhc prcmiscs to consume food or alcohol unless accompanied by a member.
JUL- 3005 08:44 PECounty Clerks Office 613 476 5727 P.03 (v) (w) (x) (y) (z) (aa) (bb) (cc) (dd) (ee) (ff) (gg) (hh) (ii) Cii) If a private club opens its doors to the public, or rents out or mrckes space available to non-members for any special occasion includi~lg but not limited to, company banquet, weddings, retirement functions, bake sale, craft sale, dance, concert, etcetera, where non-members are admitted, the facility is considered to be a place of public assembly and subject to section 3. of this bylaw. proprietor means the owner or occupier or person who controls, governs or directs the activity carried on within the premises designated as prohibited areas under this by-law and includes the person who is actually in charge thereof at any particular time; public building means my enclosed building or group of buildings to which the public has access; public facilitv means any hall, room, or banquet area that is publicly owned and is rented for an event or function; public place means the whole or part of an indoor area to which the general public is invited or permitted access, and includes a school bus; public nortion nleans the arsa of any building to which the public has access; public restroom means any restroom or washroom to which the public has access; reception area means the public space used by an office or establishment for the receiving or greeting of customers, clients or other persons dealing with such office or establishment; restaurant means an establishment engaged in the sale and service of food or drink or both food and drink to the public for consumption on the premises, but does not include a bar; retail shoa means any building or part of a building, booth, stall or place where goods are exposed for sale or offered for sale by retail; school bus means a public vehicle licensed for the purpose of transporting children to and from school or to or from any activity, event or function associated therewith: service counter means an indoor counter where a person receives a service including, but not limited to, the exchange of money, sales, provision of information, transactions, advice or the transfer of money or goods; service line means an indoor line of two (2) or more persons awaiting service of any kind regardless of whether or not such service involves the exchange of money, including but not limited to sales, transactions, provision of information or advice and transfers of money or goods; shonpinp mall means any enclosed building or group of buildings containing one or more retail shops; and smoke or smoking includes the carrying of a lighted cigar, cigarette, pipe or any other lighted smoking equipment; (kk) taxi cab means a motor vehicle having normal seating capacity of not more than six (6) persons plus the driver, kept or used for hire for the
-2005 08:44 PECounty Clerks Office 613 476 5727 P.04 4 PUBLIC PLACES conveyance of passengers either wholly within the County of Prince Edward or to any point not more than five kilometres beyond its limits, but shall not include a public vehicle as defined in the Public Vehicles Act, RSO 1990, an ambulance, a funeral hearse or a limousine, 2. The following are designated public places for the purposes of this by-law: (a) (b) (c) (d) (e) the common area of a public building; an indoor service line or service counter in any premise to which the public has access; a place of public assembly; a public restroom; a food court; (0 a public facility; a reception area; the public portion of an amusement arcade; a municipally owned building with the exception of a public facility; a bingo hall: a bowling alley; a billiard hall; the public portion of any restaurant; the public portion of any bar; an arena; the public portion of any retail shop; the common area of a shopping mall the public portion of any laundromat; the public portion of any barber shop or hairdressing establishment; a school bus; a taxicab; and a limousine. GENERAL PROHIBITIONS 3. No person shall smoke in any public place, except as set out in Section 7 of this by-law.
PECounty Clerks Office 613 476 5727 P.05 5 Notwithstanding Section 3 above, as of September 1,2003 no person shall smoke in any public place, subject to Sections 5, 6 md 7 of this by-law. A proprietor of a restaurant, bowling alley, or pool hall, may set aside a portion of the public place as a Designated Smoking Area, to the limits prescribed herein. a) The maximum size of the Designated Smoking Area shall not exceed 30 % of the floor space open to the public of a Restaurant, Bowling Alley or pool hall. b) No children shall be permitted in any Designated Smoking Area, of any restaurant, bowling alley or pool hall. A proprietor of a bar may set aside a portion of the public place as a Designated Smoking Area, to the limits prescribed herein. a) The maximum size of the Designated Smoking Area shall not exceed 50 % of the floor space open to the public: of a Bar. b), No children shall be permitted in any Designated Smoking Area, of any Bar. Notwithstanding Section 3 ofthis by-law, a proprietor of a bingo hall may set aside a portion of the public place as a Desinnated Smoking Room subject to Schedule "A" of this by-law, subject to the limits prescribed herein. a) The maximum size of the Designated Smoking Room shall not exceed 50 % of the floor space open to the public of a Bingo I-Iall, b) No children shall be permitted in any Designated Smoking Room, of any Bingo Hall, c) Notwithstanding any section of this by-law, there shall be no requirement until May 1, 2004 that a Designated Smoking Room in a bingo hall be required to comply with schedule "A" of this by-law, SIGNS 8. The proprietor of any public place designated or regulated under this by-law shall ensure that a sufficient 'number of signs as prescribed by Section I1 are conspicuously posted so as to clearly identify that smoking is prohibited. Despite Section 8, in every shopping mall or other public building referred to in Section 2, the proprietor of the shopping mall or other public building shall ensure that, (a) signs are posted in accordance with Section 11 in every common area of the shopping mall or other public building, (b) signs are posted at every entrance to the shopping mall or other public building, which are visible and in sufficient numbers, clearly indicating rhat smoking is prohibited in the common areas of the shopping mall or other public building; and (c) signs referred to in clauses (a) and (b) are in accordance with Section 11. Despite Section 8, the proprietor of a bar shall ensure that a sign or signs are posted at every entrance to the bar that clearly identifies that the bar may have a Designated Smoking Area. (a) The signs referred to in this by-law shall consist of graphic symbols that comply with the provisions of this section.
-2005 08:44 PECounty Clerks Office 613 476 5727 P.06 (b) The following graphic symbol shall be used to indicate the areas where smoking is prohibited pursuant to this by-law: (c) (d) (e) The graphic symbol referred lo in subsection 1 l(b) shall include the text "County of Prince Edward By-law" in letters and figures at least five percent (5%) of the diameter of the circle in the symbol. To the symbols referred to in subsection I I(b) there may be added additional appropriate symbols such as directional arrows. Despite the fact that the symbol referred to in subsection 1 l(b) is a cigarette, its intent includes a lighted cigar, cigarette, pipe or any other lighted smoking instrument. ( With respect to size of the graphic symbol, the diameter of the circle in the symbol referred lo in subsection 1 l(b) shall be not less than the number of centimeters prescribed below, based upon the maximum viewing distance in direct line of sight, as follows: (i) three (3 m) meters or less - ten (10 cm) centimeters, (ii) six (6 m) metres or less - fifteen (I5 cm) centimetres, (iii) twelve (12 m) metres or less - twenty (20 cm) centimetres, (iv) twenty-four (24 m) metres or less - thirty (30 cm) centimetres, (v) forty-eight (48 m) metres or less - forty (40 cm) centimetres, (vi) seventy-two (72 m) metres or less - sixty (60 cm) centimetres. (g) (h) (i) Despite subsection 1 1(Q, the diameter oftlne circle in the symbol referred to in Section 9 used pursuant to Section 11 to be erected at the entrance to every shopping mall or other public building shall be a minimum of ten (1 0 cm) centimetres. Deviations from the colour or content of the signs prescribed by this Section that do not affect the substance or that are not calculated to mislead do not vitiate the signs. Despite snbseczion 1 l(f), with respect to taxicabs or limousines, the diameter of the circle in the graphic symbol referred to in subsection 1 I@) and used pursuant to Section 8 shall be not less than ten 10 centimetres. ASHTRAYS 12. The proprietor of a public place regulated under this by-law shall ensure that no ashtrays are placed or allowed to remain in any public place where smoking is prohibited pursuant to this by-law.
PECounty Clerks Office DUTIES 13. No proprietor of a public place shall permit smoking where smoking is prohibited under this by-law. 14. No proprietor of a Bingo Hall shall fail to complj~ with the requirements of the by-law for a Designated Smoking Room should one be provided for. 15. No proprietor of any public place, shopping mall, other public building or bar, as the case may be, shall fail to post signs as required under this by-law. 16. No proprietor shall permit an ashtray to be located in an area where smoking is prohibited by this by-law. 17. No proprietor in setting aside a portion of a public space as Designated Smoking Area, should one be permitted, shall fail to comply with the requirements of this by-law. 18. No proprietor shall provide for a Designated Smoking Area or Designated Smoking Room unless permitted by this by-law. 19. Where a Designated Smoking Area or Designated Smoking Room is permitted under this by-law, no proprietor shall perrnit children in any Designated Smoking Area or Designated Smoking Room. OFFENCES 20. Any person who contravenes any of the provisions of this by-law is guilty of an offence. 21. Any person who hinders or obstructs a person lawfully cartying out the enforcement of this by-law is guilty of an offence. PINES 22. Every person who is convicted of an offence is liable to a fine of not more than five Thousand Dollars ($5,000.00) as provided fbr in the Provincial Offences Act, R.S.0, 1990,"Chap. P.33. ENFORCEMENT 23. (1) The provisions of this by-law respecting the designation of non-smoking areas, the posting of signs and the duties imposed on the proprietor of a public place shall be enforced by inspectors. (2) An inspector may, at any reasonable time, enter any designated public place for the purposes of determining compliance with this by-law. CONFLICTS 24. If a provision of this by-law, conflicts with an Act or a regulation or another bylaw, the provision that is the most restrictive of smoking shall prevail. SEVERAEJILITY 25. If any section or sections of this by-law or parts thereof are found in any court of law to be illegal or beyond the power of Council to enact, such section or sections or parts thereof shall be deemed to be severable and all other sections or parts of this by-law shall be deemed to be separate and independent therefrom and to be enacted as such.
-2005 08:44 PECounty Clerks Office 613 476 5727 P.08 8 EFFECTIVE DATE 26. This by-law shall come into effect on the date of passing. SHORT TITLE 27. This by-law may be cited as the "Smoking in Public Places By-law". Read a first, second and third time this 26 day of b y,2003 Victoria Leskie Jaml:s Taylor, Q.C.
JUL-25-2005 08:44 PECountq Clerks Office SCHEDULE "A" TO BY-LAW NO, 1069-2003 Requirements of a "Designated Smoking Room" ]., Has been set aside by the proprietor 2. Has been registered, forthwith after such setting aside, with the County of Prince Edward 3. Does not exceed the size permitted by law; 4. Meets the requirements of the Ontario Building Code; 5. Is not required by any person as a thoroughfare; 6. Is posted with Smoking Signs on the walls at a height of 1.8 merers from the floor; 7. Is completely enclosed with surfaces (floors, ceilings and walls) not readily permeable by air, such that there is no free exchange of air with any indoor areas where smoking in not permitted, there shall be no requirement until May 1,2004 that a Designated Smoking Room in a bingo hall be required to comply with schedule "A"; 8. Has all doors fitted with automatic closures; 9. Has an air supply and exhaust system separate from the air supply and exhaust system for the rest of the place; 10. Has an interlock between the air supply system and the exhaust systcm to ensure continuous operation of both systems; 1 1. Has at least 3 meters horizontal distance between each exterior opening of the intake system and each exterior opening of the exhaust system and any other exterior opening of the building; 12. Is supplied with at least 30 litres per second (65.3 cubic feet per minute) of air per possible occupant (based On maximum possible occupancy) dram from either the outdoops or an indoor area where smolcing is not permitted; and 13. Has the air exhausted at a rate of at least 110 % of the rate of supply,