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HomeMy WebLinkAbout99 136 Prohibit Smoking in Davidson Centre and Tiverton & District Sports Centre THE CORPORATION OF THE TOWNSHIP OF KINCARDINE- BRUCE - TIVERTON B - LAW NO. 1999 136 BEING A BY -LAW TO PROHIBIT SMOKING IN THE DAVIDSON CENTRE AND TIVERTON & DISTRICT SPORTS CENTRE 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 municipality of the Township of Kincardine- . Bruce - Tiverton; AND WHEREAS it is desirable for the health, safety and welfare of the inhabitants of the Township of Kincardine- Bruce - Tiverton to prohibit or regulate by by -law smoking in facilities provided for recreational uses; AND WHEREAS Section 102 of the Municipal Act R.S.O. 1990, Chapter M.45, as amended, authorizes a municipality to enact such a by -law; AND WHEREAS the Davidson Centre and the Tiverton & District Sports Centre are facilities provided for area residents' recreational use, in part to encourage a healthy lifestyle; AND WHEREAS public congregations are also commonplace at the Davidson Centre; NOW THEREFORE the Council for The Corporation of the Township of Kincardine - Bruce- Tiverton EXACTS as follows: • 1.0 DEFINITIONS 1.1 Davidson Centre - shall mean the buildings commonly known as the Davidson Centre for Kincardine and District located at 601 Durham Street, in the former Town of Kincardine in the Township of Kincardine - Bruce- Tiverton. 1.2 Tiverton & District Sports Centre - shall mean the building commonly known as the Tiverton & District Sports Centre located in the former Village of Tiverton in the Township of Kincardine - Bruce - Tiverton 1.3 Common Area - shall mean any indoor area that is open to the public for the purposes of access to rooms, offices, ticket sales, storage areas, and recreational areas. 1.4 Smoking - shall mean the production of second -hand smoke and includes the carrying of a lighted cigar, cigarette, pipe or any other lighted smoking or tobacco using device. .../2 • PROHIBIT SMOKING IN THE DAVIDSON CENTRE AND TIVERTON SPORTS CENTRE BY -LAW NO. 1999 -136 Page 2 of 3 1.5 Designated Smoking Area - shall mean areas where smoking will be allowed and shall be limited to those rooms normally let by the Recreation Services Committee for private usage by groups or organizations (Kincardine Hall, the Sun Room and meeting rooms, and the Arena at the Davidson Centre and the Tiverton & District Sports Centre under the authority of a special occasion permit only) and when the person renting the facility for a non - sporting event requests in writing to the Management that smoking be permitted. 1.6 Second Hand Smoke - shall mean exhaled smoke and smoke from a lighted cigar, cigarette, pipe or any other lighted smoking or tobacco using device. 1.7 Recreational Areas shall include those areas of the Davidson Centre and Tiverton & District Sports Centre dedicated to recreational sporting activities or the observance of such activities, such as the arena floor, change rooms, bleachers and the pool areas. 2.0 PROHIBITIONS 2.1 Smoking is prohibited in all common areas, offices, ticket sales, storage facilities and recreational areas of the Davidson Centre and Tiverton & District Sports Centre and all recreational areas of the Davidson Centre and Tiverton & District Sports Centre shall be kept free of second -hand smoke. 2.2 Smoking is prohibited in rooms normally let by the Recreation Services Committee unless a designation otherwise is requested in writing by the renting party(ies). 3.0 DESIGNATED SMOKING AREAS 3.1 Rooms rented by individuals or groups and for which a fee has been paid to the municipality may be designated by request in writing, as a smoking • area by the renters of the room. Dressing Rooms shall be exempted from this provision. 3.2 Rented recreational areas may not be designated as smoking areas with the exception of the arena and in that case this shall be at the discretion of the renter and only under the authority of a special occasion permit. Dressing Rooms shall not be designated as smoking areas. 3.3 An employee smoking area shall be designated by the Recreation Services Committee in consultation with management. This area shall not be generally accessible to the public and shall contain the necessary ventilation for such a purpose. 4.0 SIGNS 4.1 All "No Smoking" signs required under this by -law shall bear the internationally recognized "No Smoking" symbol and bear the words "Thank You For Not Smoking ". • 4.2 All signs designating a smoking area shall bear the internationally recognized "Smoking Permitted" symbol. ...13 PROHIBIT SMOKING IN THE DAVIDSON CENTRE AND TIVERTON SPORTS CENTRE BY -LAW NO. 1999 -136 • Page3of3 5.0 ENFORCEMENT 5.1 This by -law may be enforced by the Facilities Manager Davidson Centre and Arena Manager Tiverton & District Sports Centre or an appointed designate or by any officer of the Ontario Provincial Police contracted by the Township of Kincardine - Bruce - Tiverton. 6.0 SUNDRY 6.1 Every person who contravenes any provisions of this by -law is guilty of an offence and is subject to the penalties as prescribed in the Provincial Offences Act, R.S.O. 1990, Chapter P.33. 6.2 The former Town of Kincardine By -law No. 1996 -21 be hereby repealed. 4110 6.3 This by -law shall come into full force and effect upon its final passage. 6.4 This by -law may be cited as the "Prohibit Smoking in Municipal Recreational Sports Facilities, By- Law ". READ a FIRST, SECOND, and THIRD time and DEEMED TO BE PASSED 27 day of October, 1999. �.� 1 2.4 - 1 - 1- 9 ;I : yor Clerk • • JJ / Ns •