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BEING A BY-LAW TO PROHIBIT SMOKING AND <br />TOBACCO USE WITHIN THE TOWN OF LAKESHORE <br />OWNED PARKS, PLAYGROUNDS, SPORTS FIELDS AND <br />RECREATION FACILITIES <br />WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that <br />municipalities have the authority to pass by-laws respecting the health, safety and well being <br />of persons; <br />AND WHEREAS Section 115 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, <br />provides that municipalities have the authority to pass by-laws prohibiting or regulating the <br />smoking of tobacco in public places; <br />AND WHEREAS it has been determined that smoking and the inhalation of second hand <br />smoke is a health hazard for persons; <br />AND WHEREAS it has been determined that the smoking of non-tobacco products is also a <br />health hazard and nuisance to persons in public places; <br />AND WHEREAS it is deemed necessary to authorize Tobacco Enforcement Officers <br />appointed by the Windsor Essex County Health Unit as Officers for the enforcement of this <br />by-law; <br />NOW THEREFORE, the Council of the Corporation of the Town of Lakeshore hereby <br />enacts as follows: <br />Definitions <br />In this by-law: <br />a) "Council" means the Council for the Corporation of the Town of Lakeshore; <br />b) "Municipality" means the Corporation of the Town of Lakeshore; <br />c) "Officer" means a By-law Enforcement Officer, Police Officer, Tobacco <br />Enforcement Officers appointed by the Windsor Essex County Health Unit or any <br />other person appointed by Council to enforce the By-Laws of the Municipality; <br />d) "Public Place" means the: <br />a. Parks, playgrounds or sports fields listed in Schedule "A" whether or <br />C� <br />not a "No Smoking" sign is posted; and <br />b. Recreational Facilities listed in Schedule "B" whether or not a "No <br />Smoking" sign is posted. <br />2. "Smoke" or "Smoking" has its ordinary meaning suggested by the context of this <br />By-law and includes: <br />a. the Smoking of any tobacco product such as cigars, cigarettes, pipes, <br />etc.; <br />b. the Smoking of any non-tobacco product such as e-cigarettes, <br />hookah/water pipes, etc.; <br />c. the carrying of: <br />