Smoking Natzi's Beware

[Joe Blow]

WHY THE SMOKING BY-LAW* DOES NOT APPLY TO SMOKING HUTS

The by-law only pertains to specifies public places, and work places. Keeping this in mind, if it is neither staffed nor serviced it is NOT a workplace. Section 4.1 designates all the specific public places where smoking is prohibited, a smoking hut or shelter or designated smoking place of any kind is NOT included. It can not be considered a patio because definition of patio is that it is a part of or in conjunction with a food premise, which clearly states that it is used for the processes included with food. Therefore, if no one is allowed to take food or drink outside to the smoking area, it is no longer a food premise and therefore not included in the definition of a patio.
As well, the by-law contains no definition of Amenity Area, Billiard Hall, Building, Facility or Structure that could possibly be used to include any hut or stand to that is sheltered by one or more walls.

2.1 This by-law applies to the smoking of tobacco in every designated public place and in every workplace within the geographic limits of the City of Kingston.

4.1 The following are designated as public places for the purposes of this by-law:
(i) an arena;
(ii) the public portion of any barber shop or hairdressing establishment; ("public portion" means the area of any building to which the public has access; )
(iii) a billiard hall;
(iv) a bingo hall;
(v) a bowling alley;
(vi) a building or facility owned or occupied by the City, by Utilities Kingston,
and by a local board of the City;
(vii) the common area of a condominium and of an apartment building; ("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, public restrooms, unenclosed public seating areas and unenclosed public standing areas, whether or not the eating area, seating area, or standing area is leased; )
(viii) a convention facility; (“convention facility” means a place of public assembly with space available for rent or lease for a meeting or assembly of persons, representatives or delegates, whether public or private in nature, and includes a hotel convention facility; )
(ix) an elevator, escalator, corridor, stairway, reception area, lobby, service
counter, and service line in any building to which the public has access;
(x) a food court;
(xi) the public portion of any food premises; ("public portion" means the area of any building to which the public has access; "food premises" means a building or structure or part of a building or structure where food or drink for human consumption is processed, prepared, stored, handled, displayed, distributed, provided, consumed, transported, sold or offered for sale)
(xii) the public portion of any laundromat; ("public portion" means the area of any building to which the public has access; )
(xiii) a patio; (“patio” means an outdoor area, whether enclosed or not, to which members of the general public are invited or permitted access that is operated as part of or in conjunction with or in affiliation with food premises but does not include that part of an outdoor area which is located on a highway; "food premises" means a building or structure or part of a building or structure where food or drink for human consumption is processed, prepared, stored, handled, displayed, distributed, provided, consumed, transported, sold or offered for sale)
(xiv) a place of public assembly; ("place of public assembly" means the whole or part of an indoor area…)
(xv) the common area of a public building; ("common area" means any indoor area of a building that is open to the public)
(xvi) a public facility; ("public facility" means any hall, room, or banquet area that is publicly owned and is rented for an event or function; )
(xvii) a public transportation vehicle operated by or on behalf of the City;
(xviii) a public washroom;
(xix) a reception area; ("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; )
(xx) the public portion of any retail shop;
(xxi) a school bus;
(xxii) the common area of a shopping mall; and
(xxiii) a limousine.

4.3 “workplace” means any enclosed area of a building or structure in which an employee
works and includes washrooms, corridors, lounges, eating areas, reception areas,
elevators, foyers, hallways, stairways, amenity areas, lobbies, laundry rooms, and parking
garages utilized by an employee.


*Other by-laws regulate the structures that are built as per standards of building and occupancy but would hold no deference to the use of structures for smoking.

[Bandit]

Smokers beware:

Ontario smoke-free by 2006: Liberals


BY GILLIAN LIVINGSTON
CANADIAN PRESS

Smoking in all public places and workplaces will be banned in Ontario within three years under legislation to be introduced this year.

"Our commitment in the campaign and our commitment today is to have in place a law within three years, and we will," Health Minister George Smitherman said today after a speech to the Association of Local Public Health Agencies.

Although he doesn't yet have an exact date to introduce the legislation, Smitherman said the smoking ban "is an important priority and will be getting lots of attention in the calendar year '04."

"We've got to get that legislation tabled as quickly as we can," he said.

The widespread smoking ban will be "a priority" for Ontario's new chief medical officer of health, Dr. Sheela Basrur, who officially starts her new job on Feb. 16.

Smitherman said the government wants a full ban on smoking at work and in public places, hinting that this could mean the end of smoking rooms that have cropped up in restaurants across the province.

"The legislation will put in place a very clear framework that says where you cannot smoke," he said.

"We are looking for a piece of legislation that is not exemption-laden but rather which is extensive and provides the necessary protections to Ontarians," he said, since smoking causes a decline in health and costs the province financially.

Manitoba plans to implement a province-wide smoking ban later this year, while health ministers from New Brunswick and Saskatchewan have recently considered the subject.

British Columbia tried a smoking ban, but it was short-lived.

A ban is important because "too many Ontarians smoke, because it's a No. 1 killer, because it's preventable," Smitherman said.

"We have to send a message that we want Ontarians to be healthier and if we can stop people from consuming second-hand smoke we will be creating a healthier society for all."

The Ontario government has said there are 12,000 deaths a year in Canada from smoking, costing the economy $4 billion annually.

Andrew Papadopoulos, executive director of the Association of Local Public Health Agencies, said public health workers are encouraged to see the government take a stand against smoking.

"We've been pushing hard for years now that we think that tobacco control is the No. 1 issue in the province in terms of preventable illnesses," he said.

By removing smoking from public places and workplaces, it means people have fewer "comfortable environments" in which they can smoke, and that can help reduce smoking rates and improve health, Papadopoulos said.

Smoking is already banned in most Ontario workplaces, but in many locations smoking is allowed in bars and in designated areas of restaurants.

The Ontario government has also boosted the cost of cigarettes in a bid to curb smoking.

"What our ideal bill will be is 100 per cent smoke-free in all public places and workplaces, no exemptions, period," said Papadopoulos.

"Anywhere the public has direct access to should be smoke-free."

Papadopoulos said Ottawa, Waterloo, Ont. and Guelph, Ont. all have smoking bans, as do major U.S. states such as New York and California.

"There are numerous jurisdictions right around the world that are going smoke-free, so we have no reason to believe that it would not work in Ontario," said Papadopoulos.

However, restaurant and bar owners have complained that smoking bans hurt business severely.

The Pub and Bar Coalition of Canada has already told Ontario it should cough up $500 million in compensation for an expected smoking ban.

Smitherman said he doesn't fear a backlash from the bar and restaurant industry, and instead expects them to be involved in the discussions as legislation is formulated.

"There is by now lots of evidence where bans have been put in place that have had very positive impact for businesses," he said. "The majority of people are not smokers

[Joe Blow]

Smokers area minority... if they were talking about any other minority in the same manner they would be behind bars!!

Anwyay my whole point was that Dave McWilliam is an #$% and he bullies people. He is out there threatening people with fines and court for things that are not law. Smoking huts ARE NOT covered in his by-law, and therefore threatening people and issuing warnings are an unscrupulous way for him to achive his methods. Public officers should not be out bullying people and threatening them.. unfortuantely people do not know the law and when an inspector walks in and tells them something they believe it.

When the by-law came into effect he stated in the paper that wind shelters were not covered in his by-law, and now he is out threatening people about them... he has been told time and time that they are not covered in his by-law nor other city departments act on the structures because they are not regulated unless they are attahed to the buildings.

I have had 2 work related meetings with Dave McWilliam in the past, and I can say that personally I find the man pompous and arogant... especially for an ex-smoker. He has no problem bending the rules to suit him, and setting people up in order to fine them... I wouldn't doubt that the man smoking in Larry's pit stop was an aquaintance of the un-named officer who fined the bar. If the officer were smart he would have requested that the bar obtain the mans identification for him, bars have the right to demand id, and keep anyone from entering or remaining on the premise who fails to provide it.

I have no problem with smoking regulations, personally I would have prefered that the province dealt with it from the start, however even municipalities can do some good with the by-laws, but in this case McWillliam is a fanatical lunatic and should be stopped. There will be no stopping him and the health unit if we don't stand up.

They have started on cigarettes and pop machines in schools, what will be next, no more Mcdonalds on every corner, lets regulate it so that no more than one location per chain restaurant in the city, and no junk food sold in grocery stores, and hey while we are at it, lets force people to take vitamins and eat their vegetables every day!! I mean what difference would it make, we are only trying to protect them form themselves!!

[Evelyn King]

Greetings to all:

On the Global news this evening it was reported that fat has now replaced the smoking issue.

I wonder if the local health unit will now proceed to dictate what we ingest into our bodies???


Regards to all,

Evelyn

[oggy]

It's easy enough to see what they are talking about...

Over 1/3 of Canada's population qualifies as overweight, and that's a bigger proportion than the proportion that smoke. Something like 25% of schoolage children are actually obese. (BMI of 30 +)

[Joe Blow]

There has already been some movement in this in the Kingston ARea, they have removed machines that vend Pop from schools and there has been discussions about regulating what you can send in your childs lunches to school. Asside form things like peanuta allergies, they want to craxk down on sugary snacks, and junk food in childrens lunches.
This is getting ridiculous.. now we can't send fruit roll ups and rice krispy squares for snacks, it is already bad enough that a good healthy peanut butter sandwich (not to mention *****) can't be sent to schools, and I can understand the threat there, don't get me wrong woudn't want someones kid to go into shock, but it is getting rather expensive to send my child to school.... deli sandwiches, and fruit, and milk sold at the schools not to menting before and after shool so I can work... I should quit my job and home school so that I can save money!!!

[macphail]

Just as an aside, here is something even more ridiculous: Where I work, fish sandwiches are prohibited because some with an allergy to shellfish may be harmed.

How humans made it this far in life is beyond me.

But back to the topic at hand...

Let's face it, kids are getting pretty darn pudgy. Fastfood, junk snacks and video games have replaced healthier lunches, lighter sugary snacks, and playing outdoors. I think that taking pop and chips out of the schools is a good move.

I never really understood the whole "buying milk at school" thing. I always had a thermos to take with milk, and instead of sandwiches all the time (peanutbutter mainly, but also lunch meats/cheese), a warm thermos of chilli or soup hit the spot as a kid.

Junk foods in schools is a health issue that affects all of us because we all pay for healthcare in this country regardless of how much we use it. Carrying a few extra pounds does come with added health risks, so why put children behind the eight ball so early in life? Let's encourage healthier, more active schools (of course, I cannot understand why some of the fun activities - slides, snowballs, etc - have been taken away as well).

Cheers, Derek

[bill]

Peanutbutter is now illegal. At our kins school they are not even permitted to bring in anything that may have a trace of good ol peanutbutter. They gave us a 4 page double sided list of things not to bring into school because it hay have come into contact with a peanut at school.

I agree.....my kids are pork balls.............something has to be done......whatever happened to bringing an apple to some type of fruit to school? My kids think that fruit roll ups are fruit...........

I am a smoker and I think that the city is pushing it a bit here.