city smoking bylaw

8/2/2019 City Smoking Bylaw

http://slidepdf.com/reader/full/city-smoking-bylaw 1/21

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CITY OF HAMILTON

PUBLIC HEALTH SERVICES Healthy Living Division

TO: Mayor and MembersBoard of Health

WARD(S) AFFECTED: CITY WIDE

COMMITTEE DATE: March 5, 2012

SUBJECT/REPORT NO:Prohibiting Smoking Within City Parks and Recreation Properties BOH07034(f) (CityWide)

SUBMITTED BY:Elizabeth Richardson, MD, MHSc, FRCPCMedical Officer of HealthPublic Health Services Department

SIGNATURE:

PREPARED BY:

Heidi McGuire(905) 546-2424 Ext. 6170

RECOMMENDATION

(a) That the attached by-law, which amends By-law No. 11-080 and adds a scheduleof places where smoking is prohibited under the By-law, be approved.

EXECUTIVE SUMMARY

By-law 11-080, Prohibiting Smoking within City Parks and Recreation Properties wasapproved by the Board of Health on February 28, 2011 and subsequently by CityCouncil in March 2011. The By-law as passed was drafted with the intent of listingplaces where smoking was prohibited to aid in its enforcement. The amendments

brought forward with this report fulfill this intent, in addition to a maintenance scheduleto ensure future or proposed assets are captured.



SUBJECT: Prohibiting Smoking Within City Parks and Recreation PropertiesBOH07034(f) (City Wide) of 5


Alternatives for Consideration – N/A

FINANCIAL / STAFFING / LEGAL IMPLICATIONS (for Recommendation(s) only)

Financial:No additional funding is required for this amendment.

Staffing:This amendment will not have an effect on staffing.

Legal:The amendment will assist with enforcement, by providing the physical location of siteswhere smoking is prohibited.

HISTORICAL BACKGROUND (Chronology of events)

March 2008 the Board of Health directed a review of Smoking By-law 02-054 toassess tobacco-free parks, playgrounds and beaches in the City of Hamilton

Updates were provided to the Board of Health November 2008 and May 2010

February 2011 By-law 11-080 Prohibiting Smoking within City Parks andRecreational Properties was passed by the Board of Health and subsequentlyCity Council

POLICY IMPLICATIONS

No Policy Implications

RELEVANT CONSULTATION

The following were consulted in the preparation of this report:

City Manager’s Office, Legal Services Division was consulted for drafting of theamendment to the attached in Appendix A including the Schedule A of locationscontained within. A review of leases was conducted to determine applicability of

this By-law for organizations who operate on or use City of Hamilton park orrecreation property.

Community Services, Recreation Division was to be consulted regarding By-lawimplementation, staff communication and training, and communications toHamilton residents. Leases and contracts with sports and recreationorganizations are being updated to ensure organizations conform to the By-law.





Community Services, Culture Division was consulted regarding By-lawimplementation for festivals and special events held on and off of City ofHamilton parks and recreation property.

Public Works, Operations and Waste Management Division continue to beconsulted regarding By-law implementation, staff communications and training,and ashtray receptacles.

Planning and Economic Development, Growth Management Division wereconsulted regarding addresses for locations contained within Schedule A ofAppendix A.

Senior Management Team, City of Hamilton was consulted regarding thelocations outlined in Schedule A of Appendix A.

Other user groups currently being consulted, or will be consulted prior to orfollowing this By-law coming into effect include Neighbourhood Associations,Sports Associations and Organizations, Hamilton Wentworth District SchoolBoard (HWDSB), Hamilton Wentworth Catholic District School Board (HWCDSB)Principals and Vice-Principals Association Executive Committee, Hamilton Ti-Cats, SEAT Committee, Clean City Liaison Committee, and other Ontariomunicipalities.

ANALYSIS / RATIONALE FOR RECOMMENDATION

(include Performance Measurement/Benchmarking Data, if applicable)

By-law 11-080, Prohibiting Smoking within City Parks and Recreation Properties wasdrafted with the intent of listing places where smoking was prohibited to aid in its

enforcement and public awareness of prohibited locations. The proposed By-law andSchedule (Appendix A) clearly outline the location name and physical address of areaswhere smoking is prohibited. Schedule A to By-law 11-080 (Appendix A) will beupdated on a semi-annual basis, in April and October and will be posted on the City ofHamilton Web site. This will ensure that future or proposed assets that are developedwill be clearly outlined, to assist with enforcement.

ALTERNATIVES FOR CONSIDERATION

(include Financial, Staffing, Legal and Policy Implications and pros and cons for each

alternative)

No Alternatives





CORPORATE STRATEGIC PLAN (Linkage to Desired End Results)

Focus Areas: 1. Skilled, Innovative and Respectful Organization, 2. Financial Sustainability,3. Intergovernmental Relationships, 4. Growing Our Economy, 5. Social Development,

6. Environmental Stewardship, 7. Healthy Community

Skilled, Innovative & Respectful Organization

A culture of excellence;

More innovation, greater teamwork, better client focus;

Protecting employees from second-hand smoke at their work site shows the Cityof Hamilton considers their employee's health and safety. This By-lawimplementation requires teamwork between several city departments.

Financial Sustainability

Growing Our Economy

A visitor and convention destination;

The presence of littered cigarette butts reduces the appeal of the city toresidents, workers and visitors. Clean outdoor recreational areas will appeal tovisitors who come to our City to enjoy our green space.

Social Development

Residents in need have access to adequate support services;

Research has shown that smoke-free environments support people who quit toremain smoke-free; youth are less likely to start smoking if they are not exposedto others role modelling the behaviour; and restrictions on where individuals arepermitted to smoke is associated with increased cessation rates.

Environmental Stewardship

Natural resources are protected and enhanced;

Reduced impact of City activities on the environment;

Cigarette butts are the most littered item across the globe, and cause irreparabledamage to the environment, as they are not entirely biodegradable. Carelesssmoking and disposal of burning cigarette butts are a major cause of forest fires.





Healthy Community

Adequate access to food, water, shelter and income, safety, work, recreation andsupport for all (Human Services);

There is no safe level of exposure to second-hand smoke and studies haveshown that second-hand smoke exposure outdoors can be substantial.

APPENDICES / SCHEDULES

Appendix A to Report BOH07034(f) – City of Hamilton By-law to Amend ProhibitingSmoking within City Parks and Recreation Properties By-law No. 11-080



Append ix A to Report BOH 07034(f)Page 1 of 15

Authority: Item , Board of Health Report

BO H07 034(f ) Prohibi ting Smokingwithin City Parks and Recreation

Propert ies (City Wide)

CM: March 5, 2012

Bill No.

CITY OF HA MILTON

BY-LAW NO. 12-

To Amend the By-law

Prohibiting Smoking within City Parks and Recreation Properties

WHEREAS Council wishes to amend City of Hamilton By-law No. 11-080 to provide

locations and names of parks and recreation areas where smoking is prohibited, to aid

in enforcement of the By-law particularly for the benefit of young persons, for the health

of the public generally, to protect and enhance the quality and use of City property, and

to improve the environmental and social conditions on City properties, buildings and

structures through a by-law which prohibits the smoking of tobacco;

AND WHEREAS the City has the capacity, rights, powers and privileges of a natural

person, and may pass by-laws for prohibiting or regulating, for purposes considered

necessary or desirable including the use and protection of public assets, social and

environmental purposes, the delivery of services, and for the health, safety and well-

being of persons under the authority of Municipal Act, R. S. O. 1990, c. M.45, including

but not limited to sections 8, 9, 10 and 115.

NO W TH ER EFO R E the Counc i l o f the Ci ty o f H ami l ton en acts as fo l lows:



Append ix A to Report BOH07 034(f)Page 2 of 15

. By-law No. 11-080 is hereby amended by adding as Schedule "A" to By-law No.

11-080, the Schedule "A" attached to and forming a part of this By-law, being a

list of the location of properties, addresses, places and areas where smoking is

prohibited.

.

.

. By-law No. 11-080 is hereby further amended by repealing and replacing sub-

section 1(3) of the By-law with the following:

"1 (3) For the purposes of interpretation, the term "recreation property":

(a) does not include municipal golf courses, namely Chedoke Golf Course

and King's Forest Golf Course including all of their internal playing

areas, trails, walkways, parking lots and lanes; and

(b) does not include a recreational trail or part of such trail if it is outside of

a park, property, address, place or area referred to in clause 1(1)(e) of

this By-law and provided the trail name is not listed in Schedule "A" to

this By-law."

In all other respects By-law No. 11-080 is hereby confirmed.

This By-law shall come into force and effect on the date of its passing and

enactment.

PASSED and ENAC TED th is day of ,2012.

R. BratinaMayor

R. CateriniClerk



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