Sec. 20-93. 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 included both exhaled smoke and the side stream smoke from burning cigarettes, causes the death, by lung cancer alone, of 3,000 Americans each year (EPA, 1993); and whereas environmental tobacco smoke is a Class A carciogen (U.S. EPA 1993) that is similar to radon and asbestos with no known safe levels of exposure; now, therefore the Town of Stoneham, 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.
Sec. 20-94. Authority.
This regulation is promulgated under the authority granted to the Stoneham Board of Health under Massachusetts General Laws Chapter 111, Section 31 that “Boards of Health may make reasonable health regulations.”
Sec. 20-95. Definitions.
For the purpose of this regulation, the following definitions shall apply:
Restaurant. Any eating establishment with one or more seats which gives or offers food for sale to the public, guest or employees, included but not limited to any coffee shop, cafeteria, sandwich stand, private and public school cafeteria but not including private clubs.
Bar area of a restaurant. An area of a restaurant that is devoted to the serving of alcoholic beverage 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.
Bar. A Counter at which food or especially alcoholic beverages are served.
Seating capacity. The capacity designated on the occupancy permit of a food service establishment.
Smoking. Inhaling, exhaling, burning or carrying any lighted tobacco product.
Sec. 20-96. Smoking Prohibited.
No person shall smoke nor shall any person be permitted to smoke in any of the following places as defined herein: restaurants, bar area of a restaurant or bar.
Sec. 20-97. 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.)
Sec. 20-98. 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.
Sec. 20-99 Penalties.
Any person who violates this regulation shall be subject to a fine as provided in Sec. 20-3 of these Board of Health regulations. It is the legal obligation of the owner/manager of a restaurant to not permit smoking in their establishment. Each day on which any violation exist shall be deemed to be a separate offense.
Sec. 20-100. Non-Criminal Disposition.
Whoever violates any provision of these regulations contained herein shall be penalized by the non-criminal method of disposition as provided in General Laws, Chapter 40, section 21D and Section 1-4A (non-criminal disposition) of the Town of Stoneham Bylaws 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: For the first offense $ 50.00
For second offense $100.00
For third offense $200.00
Enforcing Persons: Board of Health and its designees.
Sec. 20-101. Conflict with Other Laws or Regulations.
Notwithstanding the provisions of the foregoing, Sec. 20-77 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.
Sec. 20-102. 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.
Sec. 20-103. Effective Date.
The regulations shall be incorporated into and shall amend existing tobacco regulations as applicable. These regulations shall be effective as of September 30, 1998.
Section 20-104. Hotel/Motel Regulations.
All hotels and motels greater than 15 units, are required to have a minimum of 90 percent (90%) of their rooms/suites designated “No Smoking.” Smoking rooms/suites shall not abut non-smoking rooms/suites on the same floor. All common areas are to be 100 percent smoke-free. Signs are to be clearly posted within the facility. Adopted July 18, 2000, Effective August 16, 2000.
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