Loading...
BYLAW - Smoking Bylaw - 20191112 - 622019The Corporation of the Town of Aurora By-law Number 6220-19 Being a By-law to prohibit the smoking of tobacco, cannabis, and non-tobacco substances in prescribed locations in the Town of Aurora. Whereas Section 8 the Municipal Act, 2001, c. 25, as amended (the “Municipal Act”) provides that the powers of a municipality shall be interpreted broadly so as to confer broad authority on the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; and And whereas Section 115 of the Municipal Act provides that a municipality may prohibit and regulate the Smoking of tobacco and cannabis in Public Places and workplaces; and And whereas clause 6 of subsection 11(2) of the Municipal Act provides that a municipality may pass By-laws in the interest of the health, safety and well-being of its residents; and And whereas Section 128 of the Municipal Act provides that a municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of the Council are or could become or cause public nuisances; and And whereas Section 129 of the Municipal Act provides that a local municipality may prohibit and regulate with respect to odours; and And whereas Section 425 of the Municipal Act provides that a municipality may pass By-laws providing that a person who contravenes any By-law of the municipality is guilty of an offence; and And whereas subsection 429(1) of the Municipal Act provides that a municipality may establish a system of fines for offences under a By-law of the municipality passed under the Municipal Act; and And whereas Section 434.1 of the Municipal Act provides that a municipality may require a person to pay an administrative penalty if the municipality is satisfied that a person has failed to comply with a By-law of the municipality passed under the Municipal Act; and And whereas Section 434.2(1) of the Municipal Act provides that an administrative penalty imposed by a municipality on a person constitutes a debt of the person to the municipality; and And whereas Section 435 of the Municipal Act provides for conditions governing the powers of entry of a municipality; and And whereas Section 436 of the Municipal Act provides that a municipality has the power to pass By-laws providing that the municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to determine compliance with a By-law; and And whereas the Council wishes to prohibit the Smoking of tobacco, cannabis, and any other non-tobacco products in prescribed places within the Town of Aurora; and By-law Number 6220-19 Page 2 of 6 And whereas Section 18 of the Smoke-Free Ontario Act, 2017, S.O. 2017, c. 26, Schedule 3, as amended (the “Smoke Free Ontario Act”) contemplates that a municipal By-law may deal with a matter to which that Act applies but in a more restrictive manner, and directs that the By-law prevails to the extent it is more restrictive than that Act; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: 1.0 By-law Title 1.1 This By-law may be cited as the “Smoking By-law”. 2.0 Definitions 2.1 For the purpose of this By-law: (a) “CAO” means the Chief Administrative Officer of the Town or his/her designate; (b) “Council” means the Council of the Town; (c) “Designated Smoking Area” means an open-air unenclosed outdoor area marked by signage and approved by the CAO where an individual may Smoke, provided that this area does not conflict with the Smoke-Free Ontario Act; (d) “Enclosed Public Place” means: I. the inside of any place, building or structure or vehicle or conveyance, or a part of any of them, a. that is covered by a roof, b. to which the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry, or II. a prescribed place; (e) “Officer” means: I. a Provincial Offences Officer of the Town or other person appointed by or under the authority of a municipal By-law to enforce municipal By-laws; or II. a Police Officer employed by York Regional Police, Ontario Provincial Police or the Royal Canadian Mounted Police; (f) “Private Dwelling” means Private self-contained living quarters in any detached or multi-unit building or facility; (g) “Property” means a building, and includes the lands and premises appurtenant thereto, and includes vacant Property; (h) “Public Place” includes Town Property or any Property that the Town has an interest in by way of easement or agreement, to which the public has access as of right or invitation, express or implied, By-law Number 6220-19 Page 3 of 6 and also includes any motor vehicle located in a Public Place, but excludes sidewalks and public highways; (i) “Smoke or Smoking” includes the holding or carrying of a lighted cigar, cigarette, pipe, e-cigarette, electronic vaporizer or any other lighted, heated or otherwise activated smoking or vaporizing equipment, that contains any tobacco, cannabis or other substance or product; (j) “Tenant” means any person(s) or corporation(s) leasing or licensing Town Property and includes any director(s) and officer(s) or a corporation that is leasing or licensing a Town Property; (k) “Town Property” means any Property, which is owned, leased, licensed, managed or maintained by the Town; and (l) “Town” means The Corporation of the Town of Aurora. 3.0 General Prohibitions: 3.1 In addition to the prohibitions set out in the Smoke-Free Ontario Act no person shall Smoke in a Public Place. 3.2 A Tenant shall not permit Smoking on Town Property leased or licensed by the Tenant. 4.0 Applicability and Exceptions 4.1 This By-law does not apply to a Private Dwelling except when in use as a Public Place, school, daycare or other childcare facility. 4.2 A person may Smoke in a Designated Smoking Area. 4.3 Notwithstanding Section 3.1 (a), a person may Smoke cannabis in a Public Place other than an Enclosed Public Place where the person is authorized to possess cannabis for the individual’s own medical purposes in accordance with Part 14 of the Cannabis Regulations (Canada) or in accordance with a court order. 4.4 A person claiming exemption in accordance with Section 4.4 shall have their medical document on their possession at all times of Smoking cannabis, and shall surrender the medical document for inspection upon demand of an Officer. 5.0 Powers of Entry and Inspection 5.1 Officers and persons acting under their direction may, at any reasonable time, or at any time when there are reasonable grounds to believe that a contravention of this By-law is occurring or alleged to be occurring, enter onto any Public Place to determine if the provisions of this By-law are being complied with. 5.2 Officers are authorized, for the purposes of inspection to determine and enforce compliance with the By-law, to: By-law Number 6220-19 Page 4 of 6 (a) require any person to produce for inspection all documents or things relevant to the inspection. Officers may inspect and remove documents and things for the purposes of making copies or extracts; (b) alone or in conjunction with a person possessing special or expert knowledge, make examinations, take tests, samples, audio recordings, video recordings, or photographs necessary for the purposes of inspection; and, (c) require information from any person concerning a matter related to the inspection including their name, date of birth and address. 6.0 Enforcement 6.1 The provisions of this By-law may be enforced by an Officer. 6.2 An Officer who has reasonable grounds to believe that a person or Tenant has contravened any provision of this By-law may require that person or Tenant to provide their identification to the Officer. 6.3 Every person or Tenant who is required by an Officer to provide identification under Section 6.2 shall identify themselves to the Officer. Giving their name, date of birth, and address shall constitute sufficient identification. Failure to provide sufficient identification shall constitute an offence as set out in Section 7.2 of this By-law. 7.0 Offences 7.1 Any person or Tenant who contravenes or fails to comply with any provision of this By-law is guilty of an offence. 7.2 No person or Tenant shall hinder or obstruct, or attempt to hinder or obstruct, an Officer who is exercising a power or performing a duty under this By-law. 7.3 A court or hearing officer may, in the absence of evidence to the contrary, infer that any substance in question is cannabis from the fact that a witness describes it as cannabis or by a name that is commonly applied to cannabis. For greater certainty, a witness need not possess special or expert knowledge for the court to make any such inference. 8.0 Continuation, Repetition Prohibited by Order 8.1 The court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person or Tenant convicted, and such order shall be in addition to any other penalty imposed on the person or Tenant convicted. 9.0 Administrative Penalties 9.1 Instead of laying a charge under the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended (the “Provincial Offences Act”), for a breach of any provision of this By-law, an Officer may issue an administrative penalty to the person or Tenant who has contravened this By-law. By-law Number 6220-19 Page 5 of 6 9.2 The Officer has the discretion to either proceed by way of an administrative penalty or a charge laid under the Provincial Offences Act. If an administrative penalty is issued to a person or Tenant for the breach, no charge shall be laid against that same person or Tenant for the same breach. 9.3 The amount of the administrative penalty for a breach of a provision of this By-law, issued under this By-law, is fixed as set out in an administrative penalty by-law as amended, or any successor By-law. 9.4 A person or Tenant who is issued an administrative penalty shall be subject to the procedures as provided for in an administrative penalty by- law, as amended, or any successor By-law. 9.5 An administrative penalty imposed on a person or Tenant pursuant to this By-law that is not paid within 15 days after the day it becomes due and payable, constitutes a debt of the person or Tenant to the Town and may be added to a municipal tax roll and collected in the same manner as municipal taxes. 10.0 Penalties 10.1 Every person or Tenant who is guilty of an offence under this By-law shall be subject to the following penalties: (a) Upon a first conviction, to a fine of not less than $100.00 and not more than $5,000.00. (b) Upon a second or subsequent conviction for the same offence, to a fine of not less than $250.00 and not more than $10,000.00. (c) Upon conviction for a multiple offence, for each offence included in the multiple offence, to a fine of not less than $100.00 and not more than $10,000.00. 11.0 Collection of Unpaid Fines 11.1 Where a fine is in default, the Town may proceed with civil enforcement against the person or Tenant upon whom the fine has been imposed, pursuant to the Provincial Offences Act. 11.2 The Town may make a request to the treasurer of a local municipality to add any part of a fine for which a person or Tenant is responsible that is in default to the tax roll for any lands owned by the person or Tenant in the local municipality, and collect it in the same manner as municipal taxes. 12.0 Severability 12.1 If any provision or part of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative in particular circumstances, the balance of the By-law, or its application in other circumstances, shall not be affected and shall continue to be in full force and effect. 13.0 Interpretation By-law Number 6220-19 Page 6 of 6 13.1 The provisions of Part VI of the Legislation Act, 2006, S.O. 2006, c. 21, Schedule F shall apply to this By-law. 13.2 Where a term used in this By-law is not defined in this By-law, but is defined in the Smoke-Free Ontario Act that definition shall apply to the term used in this By-law. 13.3 The onus of proving an exception under Part 4 of this By-law is on the person claiming the exception, in accordance with s. 4 7(3) of the Provincial Offences Act as amended. 14.0 Force and Effect 14.1 This By-law comes into force and effect on the day it is passed. 14.2 By-law Numbers 3351-91, 3486-93, and 4049-99.H be and are hereby repealed. Enacted by Town of Aurora Council this 12th day of November, 2019. Tom Mrakas, Mayor Michael de Rond, Town Clerk