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TOWN OF NACKAWIC A BY-LAW TO PROHIBIT SMOKING IN TOWN OWNED BUILDINGS NO. S-2
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BY-LAW NO. S-2
A BY-LAW TO PROHIBIT SMOKING IN TOWN OWNED BUILDINGS
IN THE TOWN OF NACKAWIC
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 and/or discomfort
for many persons;
AND WHEREAS it is therefore desirable for the health and welfare of persons to
prohibit smoking in buildings owned by the Town;
NOW THEREFORE the Council of the Town of Nackawic, enacts as follows:
1.
Definitions
In this by-law,
"Council" means the Council of the Town of Nackawic.
"Building" includes all buildings owned by the Town of Nackawic.
"Person" includes any member of the general public and all employees of the Town of
Nackawic.
"Smoke and smoking" includes the carrying of a lighted cigar, cigarette, pipe or other
smoke equipment.
"Town" means the Town of Nackawic.
2.
Regulation
No person shall smoke in any building owned by the Town.
3.
Signage
(a)
All buildings shall have signs posted indicating that smoking is prohibited. The
Chief Administrative Officer shall have the authority to cause said signs to be posted.
TOWN OF NACKAWIC A BY-LAW TO PROHIBIT SMOKING IN TOWN OWNED BUILDINGS NO. S-2
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(b)
The following graphic symbol on a white background with the circle and the
interdictory stroke in red may be used to indicate "No Smoking" areas:
(c)
The diameter of the circle in the symbols referred to in subsection (b) hereof shall
not be less than one hundred fifty (150) millimetres.
4.
Penalty Provision
(a)
Every person who violates section 2 of this by-law is guilty of an offence.
(b)
Every person convicted of an offence under section 2 of this bylaw shall be liable
to a fine as a category C offence pursuant to Part II of the Provincial Offences Procedure
Act, being Chapter P-22.1 of the Statutes of New Brunswick 1987, and amendments
thereto.
c)
Notwithstanding section 4(b), a person who has violated section 2 of this by-law
may within ten (10) days of the issuance of a ticket, pay the minimum fine imposed under
section 4(b).
5.
Enforcement
The Building Inspector, any member of the Nackawic RCMP Detachment, as well as
others appointed by Town Council, including Fire Prevention Officers, are responsible
for the enforcement of section 2 of this by-law.
6.
Repeal Provision
6.01
By-Law No. 72-95, A By-Law To Prohibit Smoking, passed by Town Council on
September 18, 1995, is hereby repealed.
6.02
The repeal of By-Law No. 72-95, A By-Law To Prohibit Smoking, shall not
affect any penalty, forfeiture or liability, incurred before such repeal or any proceeding
for enforcing the same complete or pending at the time of repeal; nor shall it repeal,
defeat, disturb, invalidate, or prejudicially affect any manner or thing whatsoever
completed, existing, or pending at the time of repeal.
TOWN OF NACKAWIC A BY-LAW TO PROHIBIT SMOKING IN TOWN OWNED BUILDINGS NO. S-2
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DULY PASSED AND ENACTED BY THE COUNCIL OF THE TOWN OF
NACKAWIC ON September 15, 2003.
______________________________________
Robert G. Connors, Mayor
______________________________________
Nancy Cronkhite, Chief Administrative Officer
First Reading:
September 2, 2003
Second Reading:
September 15, 2003
Third Reading:
September 15, 2003