Bylaw 96-2016, Being a Bylaw to Prohibit Smoking in Public Places Within the Town of Kingsville

This bylaw repeals bylaw 23-2015.

No person shall smoke or use smokeless tobacco in any public place or within 9 m of any entrance or exit of any building or structure under the control, supervision, ownership and/or operation of the Town.

Products Included

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

Definitions

“Smoking” means the carrying of a lighted cigar, cigarette, e-cigarette, pipe, or any other lighted or heated smoking equipment used to smoke or vaporize any tobacco or non-tobacco substance;

“Use of Smokeless Tobacco” means the use of chew, plugs, snus, or snuff;

“Public Place” means the places as described in Schedule A (various parks, beach, open space, recreation complex), and any associated Parking Lot, and the property described in Schedule B (Town Clock Easement Lands), both of which are attached hereto and form part of this Bylaw, whether or not a no-smoking sign is erected.

Places Smoking Prohibited

Beaches
Doorways, air intakes, operable windows
E-cigarettes (outdoors)
Municipal Property
Parks
Sports and Recreational Fields and Facilities
Waterpipes (outdoors)

Buffer Zones

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

Policy Analysis

Interestingly, in addition to section 115 of the Municipal Act that pertains to the smoking of tobacco, Kingsville opted to also cite section 129 which provides municipalities with the authority to pass bylaws prohibiting or regulating activities which produce odours.

This may be a reflection of the inconclusive evidence to date on the health effects of exposure to secondhand vapour.

This bylaw is considered leading edge by virtue of the inclusion of all tobacco products (not just those that are smoked) as well as non-tobacco products (other weeds or substances).

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