Posted on 06/18/2002 12:12:08 PM PDT by SheLion
WATERLOO REGION -- Stubborn bar owners may face jail for letting their customers smoke in Waterloo Region. Health staff have proposed asking justices of the peace for orders prohibiting convicted owners from breaking the smoking bylaw.
Owners could then be jailed for contempt of court if they breach the order and permit smoking.
It's thought the jail threat may be what's needed to dissuade 28 hard core premises that continue to flout the smoking ban after two years.
"What we are doing is stepping up the process basically to the maximum," said Brian Hatton, the region's director of environmental health.
"What we want is compliance. We don't want anybody to go to jail."
Alternatively, the region could seek Superior Court injunctions compelling owners to obey the no-smoking bylaw, an approach being tried in Ottawa with six proprietors.
The injunction approach could result in an order to close down a bar, or a jail sentence for its owner.
Both approaches could see bar owners face fines exceeding the current maximum of $5,000 for violating the smoking bylaw.
But some think jailing offenders is going too far, even though they want better enforcement.
Coun. Jane Brewer of Cambridge said she's "not convinced it's one of those things" that requires a jail sentence.
"I think there are other remedies that need to be looked at before we get to that," Brewer said.
The jail threat seems like overkill to Paul Weber, a Maryhill tavern owner who contends he's losing business to bars that flout the smoking ban.
"I think it's a little bit much," Weber said.
"You don't go to jail for beating people up in the park any more, so I don't know why you should go to jail for not enforcing the smoking bylaw?"
The jail threat is part of a proposed enforcement crackdown aimed at 28 stubborn establishments.
Councillors have also been advised to reassign six public health inspectors to help police the ban.
They would target the holdout establishments with repeated plainclothes visits.
As well, it's proposed the region stop giving bar owners three warnings in advance of charges.
Health staff say the crackdown, to be considered by councillors today, addresses complaints that a few establishments are stealing business away from 99 per cent of the industry that complies with the ban.
It comes a week after council tightened its bylaw by banning smoking at private functions like weddings and corporate events.
The next step for future debate, health staff say, is for council to reconsider smoking in taxis, workplaces, and private clubs like Royal Canadian Legion halls.
Unlike other communities, Waterloo Region exempted these places from its smoking ban.
Health staff now contend that some private clubs are admitting members of the public to smoke.
Also, extending the ban to these places would meet the region's goals by protecting employees and others from second-hand smoke.
Extra enforcement would come by reassigning six of 26 public health inspectors away from duties like food inspection and infection control, on a part-time basis.
The smoking ban is enforced by two bylaw officers. But their effectiveness is limited because they are widely recognized by owners.
In the meantime, it's also proposed that the region:
Continue educating the public about the dangers of smoking.
Consider new ways to conduct anti-smoking investigations.
Ask courts to impose big fines against repeat offenders.
Publicize the names of convicted owners in reports to council, as is done with food-safety violations.
Continue to advise the province's liquor licensing agency of establishments that violate the bylaw, to put their liquor licence at risk.
SMOKING INFRACTIONS
Today, people can be fined but not jailed for illegal smoking in enclosed public places.
€ 898 individuals have been convicted of illegal smoking. Most have faced fines reaching $255.
€ 19 proprietors have been convicted of permitting smoking. The highest fine has been $3,000. Most fines have been $1,000 or more.
Sweetie, Joe Camel did not 'recruit' me anymore than Jack Daniels recruited me or Anheuser Busch recruits anyone.
Are you sure you didn't get lost on the way to DU?
All are dictator wanna-be's. Their biggest hopes are to make the news and get some bigger exposure for their national political aspirations. Some just get a kick out of saying "no" to their rellow citizens.
These are the words of every fascist I have ever met. These people are dangerous - very damn dangerous.
by Gian
It's called "choice." Oh wait.....only certain members of society have a right to choose.
What Constituion?
Oh crap! kids drank it all.
Smoking is a big part of my life. I LOVE to smoke!
If I didn't, it would be GONE! But I totally enjoy smoking. Why should anyone tell me I have to quit? I'm a big girl now. I know the perils of smoking or being obese, or jumping from a cliff, or speed racing, or giving birth, or or or ........the list goes on and on.
Life Is Terminal People! No one gets out alive! Am I right or am I wrong!
You need to stop with these silly thoughts about "choices".
yes, life is terminal. If we could just get the dumbass notion out of people's heads that we all must pay for everyone else's health, we could stop the nannies from trying to make us behave healthier.
For example, in Madrid, parking is very hard to come by in the fashionable neighborhood of Salamanca. Outside of popular spots, people regularly double-park, and then go into a neighboring restaurant. When one whose vehicle is blocked in by double parkers wants to leave, he blows his horn. All who are double-parked come outside to see if he is the one blocking. If he is, the car is moved and reparked. It's a very sensible way to use parking spaces (which are dear) when the street (dear during commute hours, but frequently empty at night) is not being used.
This would never be allowed here in any town in the US. Too much common sense involved for the "law enforcement" dorks to let us do this.
We're referred to as crazy Americans. Go figure.
Bella, I have said this on so many threads: my one grandma died at age 44, full of cancer. My other grandma lived to be 86 and smoked 3 packs of non filtered Camels a day.
I think I will take my chances, and enjoy life. 'ell, what else is there? I don't do drugs and I don't drink.
Unbelievable how the faggot lifestyle which spreads AIDs is promoted while smoking, one of the pleasures in life is hounded. On top of it, nowadays nobody dies of old age but usually of cancer and the spurious statistics are skewed erroroneously by the Nazi health freaks to be caused by smoking. Yet, man's life expectancy has lengthened considerably despite smoking. Most of the current health problems are caused by a sedentary lifestyle resulting in grossly overweight people.
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