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MUNICIPALITY OF THE COUNTY OF RICHMOND
NON-SMOKING BY-LAW
BY-LAW NUMBER #55
WHEREAS the Council may make bylaws for municipal purposes respecting
the health, well being, safety and protection of persons, public health and
safety;
AND WHEREAS the Council may regulate persons, activities and things in,
on or near public places or places open to the public,
AND WHEREAS the Council for the Municipality of the County of Richmond
recognizes exposure to second-hand smoke to be contrary to good health;
AND WHEREAS it is desirable for the health, well being and safety of the
public that they not be exposed to second-hand smoke in public places or
places open to the public;
BE IT ENACTED by the Council for the Municipality of the County of
Richmond as follows:
1.
This By-law shall be known as By-law Number #55 and may be
referred to as the Non-Smoking By-Law;
2.
This By-law applies throughout the Municipality of the County of
Richmond;
3.
This By-law prohibits smoking in public places or places open to
the public in the Municipality of the County of Richmond;
This electronic version of this By-law is provided by the Clerk of the Municipality of the County of Richmond for your convenience and personal
use only. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult the Clerk's office.
4.
In this By-Law:
(1)
Adrinking establishment@ means any lounge, pub, tavern,
cabaret club, or beverage room licensed under the Liquor
Control Act of Nova Scotia;
(2)
Apublic place@ and Aplace open to the public@ means any
building or any portion of any enclosed or partly enclosed
premises intended for public access and use whether for
business, commercial, civil, political, travel, religious, social,
educational, entertainment, recreational or like purpose, and,
without limiting the generality of the foregoing, includes lobby,
reception area, service area, hallways, stairwells, elevators,
escalators, and public washrooms;
(3)
Aproprietor@ means any person who owns, manages,
possesses or controls such building or premises or otherwise
directs the activity conducted in or at such building or
premises, and includes the person identified on the
Assessment Roll for the Municipality of the County of
Richmond as the assessed owner or occupant of the
premises except where the Municipality has been given
notice in writing of a change in ownership or has been
provided with the name of a person identified as having
exclusive possession and control of the premises;
(4)
Areception area@ or Aservice area@ means a space used for
receiving or greeting customers, clients or other persons
dealing with a provider of services or goods, and includes any
adjoining area not physically separated by solid walls, floors
and ceilings;
(5)
Arestaurant@ means an establishment engaged in the sale
and service of food for consumption on the premises, and
includes an interior food court, a sidewalk or patio café, a
licensed dining room or licensed restaurant and a temporary
use of a facility as a restaurant on the occasion of such uses;
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(6)
Aservice 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, provision of information, transactions
or advice, and transfers of money or goods;
(7)
Asmoke@ or Asmoking@ includes the possession of a lighted
cigar, cigarette, pipe or any other lighted smoking equipment;
(8)
Astore@ means a building or part of a building, booth, stall or
place used for the purpose of retail or wholesale trade or
services;
5.
No person shall smoke in any of the following places:
(1)
any public place or place open to the public, including but not
limited to the following:
(1)
any drinking establishment;
(2)
any restaurant;
(3)
any store;
(4)
any business or commercial premises;
(5)
any arena, bowling alley, pool hall;
(6)
any shopping centre or shopping mall;
(2)
any unenclosed areas adjoining any public place;
(3)
within a radius of 5 metres (16 feet) of any public entrance or
air intake to any public place;
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(4)
any service counter or reception area in any premises
including unenclosed areas behind such service counters;
(5)
any service line in any premises;
(6)
any elevator, escalator, or stairway which is generally used by
or open to the public;
(7)
any public transportation facilities, including shelters, and
public transportation vehicles with the exception of taxis;
(8)
any rest room or toilet facilities generally used by or open to
the public;
(9)
any school bus.
6.
The proprietor or person in charge of any place referred to in
section 4 of this By-law shall ensure that signage is displayed at the
entrance to and within the place giving reasonable, clear and
sufficient notice of the smoking prohibition.
7.
The proprietor or person in charge of any place referred to in
section 4 of this By-law shall not permit or cause to be permitted
smoking in such place and shall ensure that any person found
smoking is immediately directed to stop smoking and, failing his or
her compliance, is directed to leave place.
8.
Any person who fails to comply with a directive given by a
proprietor or employee or agent of the proprietor pursuant to
section 6 of this By-law is guilty of an offence.
9.
Any person who violates any section of this by-law is guilty of an
offence and, on summary conviction, is liable to a fine of not less
than one hundred dollars and not more than five thousand dollars
for such offence and in default of payment to imprisonment for a
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period of not more than ninety days.
10. Every day during which an offence pursuant to this by-law
continues is a separate offence.
11. The Chief Administrative Officer or his or her delegate may serve a
Notice of Violation on any person whom he or she has reasonable
grounds to believe has violated any section of this By-law allowing
that person to pay the sum of $50 to the Municipality of the County
of Richmond within 14 days of date of the Notice to avoid
prosecution for the subject violation.