EXAMPLES OF LOCAL ENVIRONMENTAL
TOBACCO SMOKE REGULATIONS
This section provides the following examples of draft regulations(1) which emanate from existing Massachusetts environmental tobacco smoke regulations, ordinances, and by-laws:
1. Environmental Tobacco Smoke Regulation: Complete Ban in Public Places, Including Restaurants, Work Places and Municipal Buildings;
2. Environmental Tobacco Smoke Regulation: Minors Prohibited in Restaurants that Permit Smoking;
3. Environmental Tobacco Smoke Regulation: Separate Enclosure/Ventilation in Restaurants;
4. Environmental Tobacco Smoke Regulation: Work Places;
5. Environmental Tobacco Smoke Regulation: Municipal Buildings;
6. Environmental Tobacco Smoke Regulation: Public Places; and
7. Environmental Tobacco Smoke Regulation: Variance Procedure.
Environmental Tobacco Smoke Regulation
Complete Ban in Public Places
Including Restaurants, Work Places and Municipal Buildings(2)
A. Statement of Purpose:
Whereas conclusive evidence exists that tobacco smoke causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose, and throat; and whereas the harmful effects of tobacco smoke are not confined to smokers but also cause severe discomfort and illness to nonsmokers; and whereas environmental tobacco smoke [hereinafter E.T.S.], which includes both exhaled smoke and the side stream smoke from burning cigarettes, causes the death of 53,000 Americans each year; and whereas the Environmental Protection Agency (1993) has designated environmental tobacco smoke to be a Class A carcinogen similar to radon and asbestos with no known safe levels of exposure; now, therefore, the Board of Health of the Town of XXXXXXX recognizes the right of those who wish to breathe smoke-free air and establishes this regulation to protect and improve the public health and welfare by prohibiting smoking in public places.
B. Authority:
This regulation is promulgated under the authority granted to the XXXXXX Board of Health under Massachusetts General Laws 111, Section 31.
C. Definitions:
For the purposes of this regulation, the following words shall have the meanings respectively ascribed to them by this paragraph:
Board: The Board of Health of the Town of XXXXXXX.
Bar: An establishment whose business is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages.
Employee: Any individual person who performs services for an employer.
Employer: An individual person, partnership, association, corporation, trust, or other organized group of individuals, including the Town of XXXXXXX or any agency thereof, which utilizes the services of one (1) or more individual employees.
Health Care Facility: Any office or institution providing individual care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions including but not limited to rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, offices of any surgeon, chiropractor, physical therapist, physician, dentist and all specialists within these professions.
Person: Any person, firm, partnership, association, corporation, company or organization of any kind including, but not limited to an owner, operator, manager, proprietor or person in charge of any building, establishment, business, or restaurant or retail store, or the agents or designees of any of the foregoing.
Public Place: Any building or facility owned or operated by the town, including school buildings or grounds; any area open to the general public including, but not limited to, libraries, museums, theaters, auditoriums, indoor sports arenas and/or recreational facilities, inns, hotel and motel lobbies, educational facilities, shopping malls, public restrooms, lobbies, staircases, halls, exits, entrances, elevators accessible to the public, and licensed child-care locations.
Public Transportation Vehicle: Buses, taxis, and other means of transportation available to the general public while such means of transportation is operating within the boundaries of the town including indoor platforms by which such means of transportation may be accessed.
Restaurant: Any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and other eating establishment which gives or offers food for sale to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.
Retail Store: Any establishment whose primary purpose is to sell or offer for sale to consumers, but not for resale, any goods, wares, merchandise, articles or other things, including supermarkets and grocery stores. "Retail store" shall not include restaurants as defined herein.
Smoking: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other tobacco product in any form.
Town: The Town of XXXXXXX.
Workplace: Any enclosed area of a structure or portion thereof at which one (1) or more employees perform services for their employer but not including the personal residence of the employer.
D. Posting Notice of Prohibition:
Every person having control of premises upon which smoking is prohibited by and under the authority of this regulation shall conspicuously display upon the premises "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it).
E. Smoking Prohibited:
No person shall smoke nor shall any person, employer, or other person having control of the premises upon which smoking is prohibited by this regulation, or the agent or designee of such person, permit a person to smoke in any of the following places as defined herein: bars, health care facilities, public places, public transportation vehicles, restaurants, retail stores, and workplaces except as otherwise provided in Paragraph E of this regulation.
Additionally, no person shall smoke in any place in which a sign conforming to the requirements of Paragraph C of this regulation is posted. No person shall remove a sign posted under the authority of Paragraph C of this regulation.
F. Exceptions:
Notwithstanding the provisions of Paragraph D of this regulation, smoking shall be permitted in the following places and/or circumstances:
(1) Private residences, except when used as a licensed child care facility or health care facility;
(2) Hotel and motel rooms that are rented to guests that are designated as smoking rooms;
(3) Hotel and motel conference/meeting rooms and private and public assembly rooms while these places are being used for private functions; and
(4) Private or semiprivate rooms of nursing homes and long term care facilities, occupied by one (1) or more patients, all of whom are smokers who have requested in writing to be placed in rooms where smoking is permitted.
G. Conflict with Other Laws or Regulations:
Notwithstanding the provisions of the foregoing Paragraph E of this regulation, nothing in this regulation shall be deemed to amend or repeal applicable fire, health or other regulations so as to permit smoking in areas where it is prohibited by such fire, health or other regulations.
H. Violations:
Any person who violates this regulation shall be subject to a fine in an amount of one hundred dollars ($100) for a first offense, two hundred dollars ($200) for a second offense and three hundred dollars ($300) for a third or subsequent offense.
I. Enforcement:
As an alternative to initiating criminal proceedings, violations of this regulation may be enforced in the manner provided in M.G.L. c. 40, Sect. 21D, by the Board or its agents. Any fines imposed under the provisions of this regulation shall enure to the Town of XXXXXXX for such use as the town may direct.
Any citizen who desires to register a complaint under this regulation may request that the Board of Health initiate enforcement.
J. Severability:
If any paragraph or provision of this regulation is found to be illegal or against public policy or unconstitutional, it shall not affect the legality of any remaining paragraphs or provisions being in force.
K. Effective Date:
These regulations shall be effective as of XXXXXXXXXXX, 1998.
[board member signatures]
Environmental Tobacco Smoke Regulation
Minors Prohibited in Restaurants that Permit Smoking(3)
A. Statement of Purpose:
Whereas conclusive evidence exists that tobacco smoke causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose, and throat; and whereas the harmful effects of tobacco smoke are not confined to smokers but also cause severe discomfort and illness to nonsmokers; and whereas environmental tobacco smoke [hereinafter E.T.S.], which includes both exhaled smoke and the side stream smoke from burning cigarettes, causes the death of 53,000 Americans each year; and whereas the Environmental Protection Agency (1993) has designated environmental tobacco smoke to be a Class A carcinogen similar to radon and asbestos with no known safe levels of exposure; now, therefore, the Board of Health of the Town of XXXXXXX recognizes the right of those who wish to breathe smoke-free air and establishes this regulation to protect and improve the public health and welfare by prohibiting smoking in public places.
B. Authority:
This regulation is promulgated under the authority granted to the XXXXXX Board of Health under Massachusetts General Laws 111, Section 31.
C. Definitions:
For the purposes of this regulation, the following words shall have the meanings respectively ascribed to them by this paragraph:
Board: The Board of Health of the Town of XXXXXXX.
Bar: An establishment whose business is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages.
Person: Any person, firm, partnership, association, corporation, company or organization of any kind including, but not limited to an owner, operator, manager, proprietor or person in charge of any building, establishment, business, or restaurant or retail store, or the agents or designees of any of the foregoing.
Restaurant: Any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and other eating establishment which gives or offers food for sale to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.
Smoking: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other tobacco product in any form.
Town: The Town of XXXXXXX.
D. Posting Notice of Prohibition:
Every person having control of premises upon which smoking is prohibited by and under the authority of this regulation shall conspicuously display upon the premises "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it).
E. Smoking Prohibited:
No person shall smoke nor shall any person be permitted to smoke in a restaurant, except as otherwise provided in Paragraph E of this regulation.
F. Exceptions:
Notwithstanding the provisions of Paragraph D of this regulation, smoking shall be permitted in the following places and/or circumstances consistent with all applicable state laws:
(1) restaurants where the owner or his agent ensures that persons under the age of eighteen (18) may never enter the premises at any time, and where the owner or his agent conspicuously posts signs approved and supplied by the Board at the entrance(s) stating that persons under the age of eighteen (18) are prohibited and stating further that E.T.S. is hazardous to your health; and
(2) bars where the owner or his agent ensures that persons under the age of eighteen (18) may never enter the premises at any time, and where the owner or his agent conspicuously posts signs approved and supplied by the Board at the entrance(s) stating that persons under the age of eighteen (18) are prohibited and stating further that E.T.S. is hazardous to your health.
G. Conflict with Other Laws or Regulations:
Notwithstanding the provisions of the foregoing Paragraph E of this regulation, nothing in Section of this regulation shall be deemed to amend or repeal applicable fire, health or other laws or regulations so as to permit smoking in areas where it is prohibited by such fire, health or other laws or regulations.
H. Violations:
Any person who violates this regulation shall be subject to a fine in an amount of one hundred dollars ($100) for a first offense, two hundred dollars ($200) for a second offense and three hundred dollars ($300) for a third or subsequent offense.
I. Enforcement:
As an alternative to initiating criminal proceedings, violations of this regulation may be enforced in the manner provided in M.G.L. c. 40, Sect. 21D, by the Board or its agents. Any fines imposed under the provisions of Section of this regulation shall enure to the Town of XXXXXXX for such use as the town may direct.
Any citizen who desires to register a complaint under this regulation may request that the Board of Health initiate enforcement.
J. Severability:
If any paragraph or provision of this regulation is found to be illegal or against public policy or unconstitutional, it shall not affect the legality of any remaining paragraphs or provisions being in force.
K. Effective Date:
These regulations shall be effective as of XXXXXXXXXXX, 1998.
[board member signatures]
Environmental Tobacco Smoke Regulation
Separate Enclosure/Ventilation in Restaurants(4)
1. Title: Clean Indoor Air Regulation
2. Statement of Purpose:
Whereas conclusive evidence exists that tobacco smoke causes cancer (U.S. Surgeon General, 1986), respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose and throat; and whereas the harmful effects of tobacco smoke are not confined to smokers but also cause severe discomfort and illness to nonsmokers; and whereas environmental tobacco smoke (ETS), which includes both exhaled smoke and the side stream smoke from burning cigarettes, causes the death, by lung cancer alone, of 3,000 Americans each year (U.S. EPA, 1993); and whereas environmental tobacco smoke is a Class A carcinogen (U.S. EPA, 1993) that is similar to radon and asbestos with no known safe levels of exposure; now, therefore, the city of XXXXXX recognizes the right of those who wish to breathe smoke-free air and recognizes that the need to breathe smoke-free air shall have priority over the desire to smoke and establishes this regulation to protect and improve the public health and welfare by prohibiting smoking in certain public places.
3. Authority:
This regulation is promulgated under the authority granted to the XXXXXX Board of Health under Massachusetts General Laws Chapter 111, Section 31 that "Boards of health may make reasonable health regulations."
4. Definitions:
For the purposes of this regulation, the following definitions shall apply:
Bar: An establishment whose business is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages.
Bar area of a restaurant: An area of a restaurant that is devoted to the serving of alcoholic beverages for consumption by guests or restaurant patrons on the premises and in which the serving of food is only incidental to the consumption of such beverages.
Board: the Board of Health of the City of XXXXXX
City: the City of XXXXXX
Health care facility: Any office or institution providing individual care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions including but not limited to rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, offices of any surgeon, chiropractor, physical therapist, physician, dentist and all specialists within these professions.
Pouring license: A Section 12 License, approved by the Massachusetts Alcoholic Beverages Control Commission, that permits the sale of alcoholic beverages to be drunk on the premises.
Public place: Any building or facility owned or operated by the city, including school buildings or grounds; any area open to the general public including, but not limited to, libraries, museums, theaters, banks, laundromats, auditoriums, inns, hotel and motel lobbies, educational facilities, shopping malls, public restrooms, lobbies, staircases, halls, exits, entrance ways, elevators accessible to the public and licensed child-care locations.
Public transportation vehicle: Buses, taxis, and other means of transportation available to the general public while such means of transportation is operating within the boundaries of the city including indoor platforms by which such means of transportation may be accessed.
Restaurant: Any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and other eating establishment which gives or offers food for sale to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.
Retail store: Any establishment whose primary purpose is to sell or offer for sale to consumers, but not for resale, any goods, wares, merchandise, or articles, including supermarkets and grocery stores.
Seating capacity: The capacity designated on the occupancy permit of a food service establishment.
Smoking: Inhaling, exhaling, burning or carrying any lighted tobacco product.
Sports Arena: Any sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar recreational facilities where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.
Ventilation system: A mechanical system to remove tobacco smoke and exchange inside air by bringing in fresh air. Particulate air cleaners or filtration systems are not considered a ventilation system.
5. Smoking prohibited:
No person shall smoke nor shall any person be permitted to smoke in any of the following places as defined herein: restaurants, retail stores, supermarkets, grocery stores, health care facilities, polling places, public places, sports arenas or public transportation vehicles, except as otherwise provided in Section 9 of this regulation.
6. Election for coverage by private facilities:
The owner, manager, or other person in charge of a building or facility not covered by Section 5 of this regulation may elect to have provisions of this Section 5 of this regulation apply by so notifying the Board in writing and by posting signs prohibiting smoking as provided in Section 7 of this regulation.
7. Posting notice of prohibition:
Every person having control of premises upon which smoking is prohibited by and under the authority of this Section 5 of this regulation shall conspicuously display upon the premises "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it.)
8. Smoking where notice of prohibition posted:
No person shall smoke in any place in which a sign conforming to the requirements of Section 5 of this regulation is posted. No person shall remove a sign posted under the authority of Section 5 of this regulation.
9. Exceptions:
Notwithstanding the provisions of Section 5 and 6 of this regulation, smoking shall be permitted in the following places and/or circumstances:
(1) Private residences, except when used as a licensed child care facility or health care facility;
(2) Hotel and motel rooms that are rented to guests that are designated as smoking rooms;
(3) Hotel and motel conference/meeting rooms and private and public assembly rooms while these places are being used for private functions;
(4) Private or semiprivate rooms of nursing homes and long term care facilities, occupied by one (1) or more patients, all of whom are smokers who have requested in writing to be placed in rooms where smoking is permitted;
(5) The Bar area of a restaurant that holds a pouring license, provided that as of January 1, 2000 it is (A) separated from the non-smoking area of the restaurant by location in a separate room or by means of physical barriers that completely enclose the bar area of the restaurant, and is (B) served by a ventilation system that is separate from the ventilation system that serves the non-smoking portion of the restaurant so as not to interfere with the smoke-free air of the non-smoking area of the restaurant;
(6) Bars that permit smoking must conspicuously post signs approved and supplied by the Board at the entrance prohibiting persons under eighteen (18) and advising patrons of the health hazards of environmental tobacco smoke; and
(7) Retail tobacco stores which are primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
10. Penalties:
Any person who violates this regulation shall be subject to a fine in an amount of $X for a first offense, $XX for a second offense and $XXX for a third or subsequent offense.
11. Non-Criminal Disposition:
Whoever violates any provision of this regulation, the violation of which is subject to a specific penalty, may be penalized by the non-criminal method of disposition as provided in General Laws, Chapter 40, section 21D or by filing a criminal complaint at the appropriate venue.
Each day on which any violation exists shall be deemed to be a separate offense.
Penalty: $X for first offense
$XX for second offense
$XXX for third offense
Enforcing Persons: XXXXXXXX Police Department,
XXXXXXXX Board of Health and its designees
12. Conflict with other laws or regulations:
Notwithstanding the provisions of the foregoing, section 9 of this regulation shall be deemed to neither amend nor repeal applicable fire, health or other regulations so as to permit smoking in areas where it is prohibited by such fire, health or other regulations.
13. Severability:
If any provision of these regulations is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect.
14. Effective Date:
These regulations shall be effective as of XXXXXXXXXXX, 1998.
[board member signatures]
Environmental Tobacco Smoke Regulation
Work Places(5)
A. Statement of Purpose:
Whereas conclusive evidence exists that tobacco smoke causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose, and throat; and whereas the harmful effects of tobacco smoke are not confined to smokers but also cause severe discomfort and illness to nonsmokers; and whereas environmental tobacco smoke [hereinafter E.T.S.], which includes both exhaled smoke and the side stream smoke from burning cigarettes, causes the death of 53,000 Americans each year; and whereas the Environmental Protection Agency (1993) has designated environmental tobacco smoke to be a Class A carcinogen similar to radon and asbestos with no known safe levels of exposure; now, therefore, the Board of Health of the Town of XXXXXX recognizes the right of those who wish to breathe smoke-free air and establishes this regulation to protect and improve the public health and welfare by prohibiting smoking in workplaces.
B. Authority:
This regulation is promulgated under the authority granted to the XXXXXX Board of Health under Massachusetts General Laws 111, Section 31.
C. Definitions:
For the purposes of this regulation, the following words shall have the meanings respectively ascribed to them by this paragraph:
Board: The Board of Health of the Town of XXXXXX.
Employee: Any individual person who performs services for an employer.
Employer: An individual person, partnership, association, corporation, trust, or other organized group of individuals, including the Town of XXXXXX or any agency thereof, which utilizes the services of one (1) or more individual employees.
Smoking: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other lighted tobacco product in any form.
Work Place: Any enclosed area of a structure or portion thereof at which one (1) or more employees perform services for their employer but not including the personal residence of the employer.
Town: The Town of XXXXXX.
D. Smoking Prohibited:
Smoking shall be prohibited in all areas of the work place.
It shall be unlawful for any employer or other person having control of the premises upon which smoking is prohibited by this regulation, or the agent or designee of such person, to permit a violation of this regulation.
E. Violations:
Employers found not to be in compliance with the provisions of this regulation shall be subject to a fine of one hundred dollars ($100.00) for each day of non-compliance.
F. Enforcement:
As an alternative to initiating criminal proceedings, violations of this regulation may be enforced in the manner provided in M.G.L. c. 40, Sect. 21D, by the Board or its agents. Any fines imposed under the provisions of this regulation shall enure to the Town of XXXXXX for such use as the town may direct.
Any citizen who desires to register a complaint under this regulation may request that the Board of Health initiate enforcement.
G. Severability:
If any paragraph or provision of this regulation is found to be illegal or against public policy or unconstitutional, it shall not affect the legality of any remaining paragraphs or provisions being in force.
H. Effective Date:
These regulations shall be effective as of XXXXXXXXXXX, 1998.
[board member signatures]
Environmental Tobacco Smoke Regulation
Municipal Buildings(6)
A. Statement of Purpose:
Whereas conclusive evidence exists that tobacco smoke causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose, and throat; and whereas the harmful effects of tobacco smoke are not confined to smokers but also cause severe discomfort and illness to nonsmokers; and whereas environmental tobacco smoke [hereinafter E.T.S.], which includes both exhaled smoke and the side stream smoke from burning cigarettes, causes the death of 53,000 Americans each year; and whereas the Environmental Protection Agency (1993) has designated environmental tobacco smoke to be a Class A carcinogen similar to radon and asbestos with no known safe levels of exposure; now, therefore, the Board of Health of the Town of XXXXXX recognizes the right of those who wish to breathe smoke-free air and establishes this regulation to protect and improve the public health and welfare by prohibiting smoking in workplaces.
B. Authority:
This regulation is promulgated under the authority granted to the XXXXXX Board of Health under Massachusetts General Laws 111, Section 31.
C. Definitions:
For the purposes of this regulation, the following words shall have the meanings respectively ascribed to them by this paragraph:
Board: The Board of Health of the Town of XXXXXX.
Municipal Buildings: Any building or facility owned, operated, or leased by the town, including school buildings or grounds
Smoking: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other lighted tobacco product in any form.
Town: The Town of XXXXXX.
D. Smoking Prohibited:
Smoking shall be prohibited in all areas of municipal buildings.
It shall be unlawful for any person having control of the premises upon which smoking is prohibited by this regulation, or the agent or designee of such person, to permit a violation of this regulation.
E. Violations:
Persons found not to be in compliance with the provisions of this regulation shall be subject to a fine of one hundred dollars ($100.00) for each day of non-compliance.
F. Enforcement:
As an alternative to initiating criminal proceedings, violations of this regulation may be enforced in the manner provided in M.G.L. c. 40, Sect. 21D, by the Board or its agents. Any fines imposed under the provisions of this regulation shall enure to the Town of XXXXXX for such use as the town may direct.
Any citizen who desires to register a complaint under this regulation may request that the Board of Health initiate enforcement.
G. Severability:
If any paragraph or provision of this regulation is found to be illegal or against public policy or unconstitutional, it shall not affect the legality of any remaining paragraphs or provisions being in force.
H. Effective Date:
These regulations shall be effective as of XXXXXXXXXXX, 1998.
[board member signatures]
Environmental Tobacco Smoke Regulation
Public Places(7)
A. Statement of Purpose:
Whereas conclusive evidence exists that tobacco smoke causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose, and throat; and whereas the harmful effects of tobacco smoke are not confined to smokers but also cause severe discomfort and illness to nonsmokers; and whereas environmental tobacco smoke [hereinafter E.T.S.], which includes both exhaled smoke and the side stream smoke from burning cigarettes, causes the death of 53,000 Americans each year; and whereas the Environmental Protection Agency (1993) has designated environmental tobacco smoke to be a Class A carcinogen similar to radon and asbestos with no known safe levels of exposure; now, therefore, the Board of Health of the Town of XXXXXX recognizes the right of those who wish to breathe smoke-free air and establishes this regulation to protect and improve the public health and welfare by prohibiting smoking in workplaces.
B. Authority:
This regulation is promulgated under the authority granted to the XXXXXX Board of Health under Massachusetts General Laws 111, Section 31.
C. Definitions:
For the purposes of this regulation, the following words shall have the meanings respectively ascribed to them by this paragraph:
Board: The Board of Health of the Town of XXXXXX.
Public Place: Any building or facility owned or operated by the town, including school buildings or grounds; any area open to the general public including, but not limited to, libraries, museums, theaters, auditoriums, indoor sports arenas and/or recreational facilities, inns, hotel and motel lobbies, educational facilities, shopping malls, public restrooms, lobbies, staircases, halls, exits, entrances, elevators accessible to the public, and licensed child-care locations.
Smoking: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other lighted tobacco product in any form.
Town: The Town of XXXXXX.
D. Smoking Prohibited:
Smoking shall be prohibited in all areas of public places.
It shall be unlawful for any person having control of the premises upon which smoking is prohibited by this regulation, or the agent or designee of such person, to permit a violation of this regulation.
E. Violations:
Persons found not to be in compliance with the provisions of this regulation shall be subject to a fine of one hundred dollars ($100.00) for each day of non-compliance.
F. Enforcement:
As an alternative to initiating criminal proceedings, violations of this regulation may be enforced in the manner provided in M.G.L. c. 40, Sect. 21D, by the Board or its agents. Any fines imposed under the provisions of this regulation shall enure to the Town of XXXXXX for such use as the town may direct.
Any citizen who desires to register a complaint under this regulation may request that the Board of Health initiate enforcement.
G. Severability:
If any paragraph or provision of this regulation is found to be illegal or against public policy or unconstitutional, it shall not affect the legality of any remaining paragraphs or provisions being in force.
H. Effective Date:
These regulations shall be effective as of XXXXXXXXXXX, 1998.
[board member signatures]
Environmental Tobacco Smoke Regulations
Variance Procedure:(8)
A. Written application must be made to the Board of Health for a variance from these regulations.
B. Every variance is subject to a public hearing. Notice of a hearing, upon an original application for a variance, shall be posted as part of a public notice of the Board of Health meeting, at which the Board of Health will consider the application. The notice shall be posted not less than one week before the meeting.
C. By vote of a majority of its full authorized membership, the Board of Health may vary the application of any provision of these regulations with respect to any particular case in which, in the Board's opinion, both of the following requirements are fulfilled:
1. The enforcement of the regulations would do manifest injustice; and
2. The applicant has proved that the degree of protection of the public health, safety and welfare can be achieved without strict application of the particular provision. The alternative means of protection shall be detailed and documented by the applicant to the satisfaction of the Board.
D. Any variance granted by the Board shall be in writing.
E. A variance may be granted for up to one year and extended for like periods upon submission of a renewal application.
F. A copy of the variance granted under this section shall be available for public inspection on the premises for which it is issued.
1. Marc M. Boutin, Esq., Massachusetts Association of Health Boards, and DJ Wilson, Esq., Massachusetts Municipal Association, compiled the enclosed regulations.
2. The language in the present draft regulation emanates from existing Massachusetts environmental tobacco smoke regulations, ordinances, and by-laws.
3. The language in the present draft regulation emanates from existing Massachusetts environmental tobacco smoke regulations, ordinances, and by-laws.
4. The language in the present draft regulation emanates from existing Massachusetts environmental tobacco smoke regulations, ordinances, and by-laws.
5. The language in the present draft regulation emanates from existing Massachusetts environmental tobacco smoke regulations, ordinances, and by-laws.
6. The language in the present draft regulation emanates from existing Massachusetts environmental tobacco smoke regulations, ordinances, and by-laws.
7. The language in the present draft regulation emanates from existing Massachusetts environmental tobacco smoke regulations, ordinances, and by-laws.
8. The inclusion of a variance section in Board of Health regulations which pertain to issues other than Title 5 and the Sanitary Code is generally not recommended. Should the Board determine that a variance section is necessary in its environmental tobacco smoke regulations, however, the following is a well drafted example which several Boards of Health currently use.