Convictions for First Charges Under 2002 Smoking By-law
HAMILTON, ON – January 15, 2004 - Three Hamilton restaurants have been convicted for violations of the City of Hamilton smoking by-law #02-054, which covers public places and workplaces. These are the first major charges for violations of the City of Hamilton smoking by-law, which came into effect June 1, 2002 . The City of Hamilton laid a total of 28 charges against Philthy McNasty’s ( Hamilton ) Inc., 1441 Upper James Street , Hamilton ; 1408105 Ontario Inc. (Collins F+B Warehouse), 33 King Street West , Dundas ; and Jack Astor’s (Ancaster) Limited, 839 Golf Links Road , Ancaster.. Also, eight tickets for various violations, such as permitting smoking in a prohibited place, ashtrays, and lack of no smoking signage, have been issued. Fines range from $255.00 to a maximum of $5000.00.
Most of the approximately 900 restaurants and bars inspected have complied voluntarily with the smoking by-law. Those that have been found in violation were given written warnings and if they persisted to be in non-compliance, further legal action was taken. Public Health Inspectors and Tobacco Enforcement Officers, who enforce this by-law, have worked closely with restaurant and bar owners to achieve compliance.
"We are very glad to see that the City's extensive education campaign, explaining the new smoking by-law, has so successfully resulted in a very high voluntary compliance rate. For the vast majority, the positive health reasons for this by-law speak clearly for themselves. It is unfortunate that in some instances we have to resort to the use of the courts to protect the public's health," said Doctor Monir Taha, Associate Medical Officer of Health.
This is a three staged smoking by-law with the second stage taking effect June 1, 2004 when smoking is banned in all public places and workplaces except in approved Designated Smoking Rooms (DSR). At that time, unenclosed smoking areas in certain types of public places, such as bars and billiard halls will not be permitted. Smoking will only be allowed in approved DSRs or outside. The third stage will occur on June 1, 2008 where all Designated Smoking Rooms will be banned and all public places will be totally smoke free.
The public may report violations by leaving a detailed message describing the location and times when the violation occurred by calling the tobacco hotline at 905-540-5566. Inquires about the by-law or other tobacco issues can also be received on this line.
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Stan Yung , Manager
Health Protection Branch 905-546-2424 ext. 5016
Robert Hall, Director
Health Protection Branch 905-546-2424 ext. 3571
Attachment: Summary of Convictions
Hamilton's Smoking By-Law