A by-law of the City of Ottawa respecting smoking in public places.
WHEREAS the Council of the City of Ottawa has the authority to pass by-laws prohibiting and regulating the smoking of tobacco and the carrying of lighted tobacco products in public places within the municipality pursuant to Section 213 of the Municipal Act, R.S.O. 1990, Chap. M.45, as amended;
AND WHEREAS it has been determined that second hand tobacco smoke (exhaled smoke and the smoke from idling cigarettes, cigars and pipes) is a health hazard or discomfort for many inhabitants of the City of Ottawa;
THEREFORE the Council of the City of Ottawa enacts as follows:
Section 1 - Definitions
In this by-law:
"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;
"ashtray" means a receptacle for tobacco ashes and for cigar and cigarette butts;
"bar" 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 establishment" means any building, location or premises where hair is styled, cut, trimmed, treated or washed;
"bingo hall" means any building, location or premises where the conduct of bingo events is licensed;
"City" means the City of Ottawa;
"City Clerk" means the City Clerk of the City of Ottawa;
"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 City Council of the City of Ottawa;
"food court" means an area within a shopping mall where food or drink is offered for sale or sold to the public for immediate consumption;
"inspector" 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;
"person" 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;
"proprietor or other person in charge" means the 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 any enclosed building or group of buildings to which the public has access;
"public facility" 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; and an outdoor patio (amended by By-law Nos. 2012-87 and 2012-119)
"public portion" means the area 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 shop" 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;
"shopping 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.
“outdoor patio” means an outdoor area, whether enclosed or not, of a bar, restaurant or food court where food, beverages, wine, spirits or any of them may be consumed by or served to the public or members of a club or organization but does not include that part of the outdoor area that is located on the highway;
“highway”means a common and public highway and includes any bridge, trestle, viaduct or other structure forming part of the highway and, except as otherwise provided, includes a portion of the highway. (definitions (ad) and (ae) added by By-law No. 2012-87)
Sections 2 and 3 - General Prohibitions
- The following are designated public places for the purposes of this by-law:
- 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;
- a public facility;
- a reception area;
- the public portion of an amusement arcade;
- a municipally owned building; (paragraph (i) amended by By-law No. 2012-87)
- a bingo hall;
- a bowling alley;
- a billiard hall;
- the public portion of any restaurant;
- the Rideau Carleton Slots facility located at 4837 Albion Road in the old municipality of the City of Gloucester;
- 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;
- the Frank Clair Stadium, Jetform Park and the Terry Fox Athletic Facility Stadium or any successor name to such facilities arising from a sponsorship agreement; (paragraph (u) amended by By-law No. 2012-87)
- a school bus;
- a taxicab;
- a limousine;
- an outdoor patio. (paragraph (y) added by By-law No. 2012-87)
No person shall smoke in any public place designated under Section 2 of this by-law.
Sections 4 to 7 - Signs
The proprietor or other person in charge of any public place designated or regulated under this by-law shall ensure that a sufficient number of signs as prescribed by Section 7 are conspicuously posted so as to clearly identify that smoking is prohibited.(amended by By-law No. 2001-447)
- Despite section 4, in every shopping mall or other public building referred to in Section 2 , the proprietor or other person in charge of the shopping mall or other public building shall ensure that,
- signs are posted in accordance with Section 7 in every common area of the shopping mall or other public building,
- signs are posted at every entrance to the shopping mall or other public building, which are visible and in sufficient numbers, clearly indicating in English and in French that smoking is prohibited in the common areas of the shopping mall or other public building, and
- signs referred to in clauses (a) and (b) are in accordance with Section 7.
Despite Section 4, in every bar, the proprietor or other person in charge of a bar shall ensure that a sign or signs is posted at every entrance to the bar that clearly identifies in English and French that the bar will be smoke-free.
- The signs referred to in this by-law shall consist of graphic symbols that comply with the provisions of this section.
- The following graphic symbol shall be used to indicate the areas where smoking is prohibited pursuant to this by-law: on a white background with the circle and the interdictory stroke in red.
- The graphic symbol referred to in subsection (2) shall include the text "City of Ottawa By-law/Règlement municipal de la Ville d'Ottawa" in letters and figures at least five (5%) percent of the diameter of the circle in the symbol.
- To the symbols referred to in subsection (2) there may be added additional appropriate symbols such as directional arrows.
- Despite the fact that the symbol referred to in subsection (2) is a cigarette, it shall include 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 to in subsection (2) shall be not less than the number of centimetres prescribed below, based upon the maximum viewing distance in direct line of sight, as follows:
- three (3 m) metres or less - ten (10 cm) centimetres,
- six (6 m) metres or less - fifteen (15 cm) centimetres,
- twelve (12 m) metres or less - twenty (20 cm) centimetres,
- twenty-four (24 m) metres or less - thirty (30 cm) centimetres,
- forty-eight (48 m) metres or less - forty (40 cm) centimetres,
- seventy-two (72 m) metres or less - sixty (60 cm) centimetres.
- Despite subsection (6), the diameter of the circle in the symbol referred to in subsection (5) used pursuant to Section 7 to be erected at the entrance to every shopping mall or other public building shall be a minimum of ten (10 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.
- Any sign prohibiting smoking that refers to a by-law of an old municipality is deemed to be referring to this by-law.
- Despite subsection (6), with respect to taxicabs or limousines, the diameter of the circle in the graphic symbol referred to in subsection (2) and used pursuant to Section (6) shall be not less than ten (10) centimetres.
Section 8 - Ashtrays
The proprietor or other person in charge 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.
Sections 9 and 10 - Council-Approved Policies
Council-approved non-smoking policies with respect to the public portions of the City's buildings are deemed to be specified within this by-law.
No person shall smoke in any area designated as an area where smoking is prohibited by any Council-approved policy referred to in Section 9.
Section 11 - Duties
No proprietor or other person in charge of a public place shall permit smoking where smoking is prohibited under this by-law.
Sections 12 to 14A - Offences
- Subject to subsection (2), every person who contravenes any provision of this by-law is guilty of an offence as provided for in subsection 429(1) of the Municipal Act, 2001.
- Every person who hinders or obstructs a person lawfully carrying out the enforcement of this by-law is guilty of an offence.
A person who is convicted of an offence under Section 12 of this by-law is liable to a minimum fine of $500.00 and a maximum fine of $100,000.00 as provided for in subsection 429(3) 1. of the Municipal Act, 2001.
A person who is convicted of an offence under Section 12 of this by-law is liable, for each day or part of a day that the offence continues, to a minimum fine of $500.00 and a maximum fine of $10,000.00 and the total of all daily fines for the offence is not limited to $100,000.00 as provided for in subsection 429(3) 2. of the Municipal Act, 2001.
- When a person has been convicted of an offence under this by-law, the Superior Court of Justice or any court of competent jurisdiction thereafter, may, in addition to any penalty imposed on the person convicted, issue an order
- prohibiting the continuation or repetition of the offence by the person convicted; and
- requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate.
(Sections 12 to 14A amended by By-law No. 2012-87)
Section 15 - Enforcement
- The provisions of this by-law respecting the designation of non-smoking areas, the posting of signs and the duties imposed on the proprietor or other person in charge of a public place shall be enforced by inspectors.
- An inspector may, at any reasonable time, enter any designated public place for the purposes of determining compliance with this by-law.
Section 16 - Conflicts
If a provision of this by-law conflicts with an Act or a regulation or another by-law, the provision that is the most restrictive of smoking shall prevail.
Section 17 - Severability
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.
Section 18 - Repeal
- The following by-laws of the old municipalities are repealed:
- By-law No. 116 of 2000 of the Corporation of the City of Gloucester entitled "The City of Gloucester Public Places Smoking By-law";
- By-law No. 30/2000 of The Corporation of the Township of Rideau entitled "Being a by-law to regulate smoking in public places";
- By-law No. 69-93 of The Corporation of the City of Kanata entitled "Being a by-law of the Corporation of the City of Kanata to regulate smoking in public places", as amended;
- By-law No. 115-92 of the Corporation of the City of Nepean entitled "Being a by-law of The Corporation of the City of Nepean to regulate smoking in public places", as amended;
- By-law No. 82-97 of the Corporation of the Township of Osgoode entitled "Being a by-law respecting smoking in Municipal Owned Recreation Facilities";
- By-law 24-98 of The Corporation of the Township of Cumberland entitled "Being a by-law to regulate smoking in all facilities owned and/or operated by the Corporation of the Township of Cumberland";
- By-law No. 3502 of the Corporation of the City of Vanier entitled "Being a by-law to repeal by-law numbers 2826 and 2889 and to designate smoking areas in municipal facilities";
- By-law No. 47 of 1995 of the Corporation of the Township of West Carleton entitled "Being a by-law respecting smoking in public places"; and
- By-law Number 123-92 of The Corporation of the City of Ottawa entitled "A by-law of The Corporation of the City of Ottawa respecting smoking in public places", as amended.
Section 19 - Effective Date
This by-law shall come into effect on August 1, 2001.
Section 20 - Short Title
This by-law may be cited as the "Public Places By-law".
ENACTED AND PASSED this 9th day of May, 2001
CITY CLERK - MAYOR