Public Places By-law

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:

   
Definitions

  
1. 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 an indoor area to which the general public is invited or permitted access and includes a school bus;


  • "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.
   
General Prohibitions
2. 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 with the exception of a public facility;
  • 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;
  • a school bus;
  • a taxicab; and
  • a limousine.
   
3. No person shall smoke in any public place designated under Section 2 of this by-law.
   
Signs
4. 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 9 are conspicuously posted so as to clearly identify that smoking is prohibited.
   

Workplaces By-law

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