[HISTORY: Adopted by the Town Meeting of the Town of Nantucket as indicated in article histories. Amendments noted where applicable]
Article I Prohibition of Smoking in Certain Places Within Town
[Adopted 4-9-2001 ATM by Art. 40, approved 8-2-2001]
As used in this chapter:
- An indoor 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. (Incidental food is limited to prepackaged snack foods and food that only requires minimum preparation at the establishment.)
- The Board of Health of the Town of Nantucket.
- Any person who performs services for an employer.
- A person, partnership, association, corporation, company or other organized group including the County/Town of Nantucket and any department or agency thereof, which utilizes the services of one or more employees.
- HEALTH CARE FACILITY
- Any office or institution providing 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.
- INDOOR 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.
- 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 the foregoing.
- PUBLIC PLACE
- The interior of any building or facility owned, leased, operated or occupied by the municipality, including school buildings or school grounds; any indoor 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, public lobbies, public staircases, public halls, public exits, public entrances, elevators accessible to the public, and licensed child-care locations.
- PUBLIC TRANSPORTATION
- The interior of 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.
- The interior portions of any coffee shop, cafeteria, sandwich shop, private and public school cafeteria and other eating establishment that gives or offers food for sale to the public, guests or employees for on-premises consumption, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.
- RETAIL FOOD STORE
- Any establishment commonly known as a "supermarket," "grocery store," "bakery," or "convenience store" in which the primary activity is the sale of food items to the public for off-premises consumption.
- 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 a retail food store. "Retail store" shall not include restaurants as defined herein.
- Inhaling, exhaling, burning or carrying any lighted cigar, cigarette or other tobacco product in any form.
- The Town of Nantucket.
- Any interior enclosed area of a structure or portion thereof at which one or more employees perform services for their employer.
Every person having control of premises upon which smoking is prohibited by and under the authority of this chapter shall conspicuously display upon the premises "No Smoking" signs provided by the Massachusetts Department of Public Health and available from the Nantucket Board of Health.
No person shall smoke nor shall any person, employer, or other person having control of the premises upon which smoking is prohibited by this chapter, or the agent or designee of such person, permit a person to smoke in any following places as defined herein: the interior portions of any of the following: bars, health-care facilities, indoor public places, public transportation, restaurants, retail stores, and workplaces, except as otherwise provided in § 86-4 of this chapter.
Notwithstanding the provisions of § 86-3, smoking may be permitted in the following places and/or circumstances:
Private residences, except those portions used as a licensed child-care or health-care office when operating as such.
Hotel and motel rooms rented to guests that are designated as smoking rooms.
Private or semiprivate rooms of nursing homes and long-term care facilities, occupied by one or more patients, which are separately ventilated, and all of whom are smokers who have requested in writing to be placed in rooms where smoking is permitted.
Retail tobacco stores, which are solely for the sale of tobacco products, prohibit minors from entering the establishment, and which are not required to possess a retail food permit.
It shall be a violation for any employer or other person having control of the premises upon which smoking is prohibited by this chapter, or the agent or designee of such person, to permit a violation of this chapter.
It shall be a violation for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.
Any person who deliberately violates any provision of this chapter shall be subject to a fine of $50 for the first violation, $100 for the second violation, and $200 for a third or subsequent violation during any one calendar year.
The Nantucket Board of Health or its agent shall enforce this chapter.
One method of enforcement may be periodic, unannounced inspections of those establishments subject to these regulations.
Any citizen who desires to register a complaint under this chapter may do so by contacting the Nantucket Board of Health.
Whoever violates any provision of this chapter, the violation of which is subject to a specific penalty, may be penalized by the noncriminal method of disposition as provided in MGL c. 40, § 21D, or by filing a criminal complaint. Any fines imposed under the provisions of this chapter shall inure to the Town for such use as the Town may direct.
Each day on which any violation exists shall be deemed to be a separate offense.
If any paragraph or provision of this chapter is found to be illegal or against public policy or unconstitutional, it shall not affect the legality of any remaining paragraphs or provisions.
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable health, safety or fire codes, regulations or statutes.
This chapter will be effective September 1, 2001.