By-law 2016-113 being a By-law to prohibit smoking on property owned or leased by the Town of Amherstburg

By-law 2016-113 prohibits smoking in the Town’s outdoor spaces, including parks, recreational fields, playground areas, beaches and trails. The By-law also prohibits smoking within 9 m of a public entrance or public exit of a municipal building. Special events held on Town-owned property will be allowed to have a designated smoking area during the event.

Products Included

Cigarettes, Cigars, Pipes, Electronic Smoking Devices, Other Tobacco Products, Other Weeds and Substances, Waterpipes

Definitions

“Designated Smoking Area” means an area that is designated by the Town of Amherstburg with signage and smoking disposal equipment for the purpose of smoking

“Outdoor Public Place” means but not limited to a Park, Playground Area, Outdoor Recreational Field, Outdoor Recreational Facility, and Special
Events Area and includes the parking lots whether or not a “No Smoking” sign is posted

“Outdoor Recreational Facility” means any area located on municipal property or property leased by the Town 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, field houses, club houses, beaches, picnic shelters and designated picnic areas, and includes recreational trails and/or pathways owned by the municipality

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

“Park” shall mean any land which the Town owns or has the use of that is designated by Council as such, and intended to be used and enjoyed by the public for pleasure and recreation, and shall include any body of water enjoyed or used in connection therewith

“Smoke” or “Smoking” includes:
i. the Smoking of any tobacco product such as cigars, cigarettes, pipes, etc.;
ii. the Smoking of any non-tobacco product, such as but not limited to e-cigarettes, hookah/water pipes, etc.;
iii. the carrying of a lighted cigarette, cigar, pipe, or other tobacco product;
iv. the carrying of a lighted hookah/water pipe, or functioning ecigarette, or other lighted or functioning non-tobacco Smoking
product;
v. the use of chew, plugs, snus or snuff

“Recreational Trail or Pathway” means an area maintained by the Town and designated for the passage of pedestrians in conjunction with or adjacent to, a recreational facility and/or park

Places Smoking Prohibited

Beaches
Outdoor Events
Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities
Trails
Waterpipes (outdoors)

Buffer Zones

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

Policy Analysis

Amherstburg’s bylaw is exemplary because it addresses the use of e-cigarettes, waterpipes and other tobacco products, it is a leading edge bylaw. The definitions used are also comprehensive in that they address beaches and trails, as well as the bleachers and parking lots of recreational facilities, none of which is covered under the Smoke-Free Ontario Act. Designated smoking areas are not recommended.

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