[HISTORY: Adopted by the Annual Town Meeting of the Town
of Marshfield 2001 by Art. 11 (Art. 72, § 2 of the General
Bylaws). Amendments noted where applicable.]
GENERAL REFERENCES
Tobacco and smoking — See Ch. 670.
[Amended 4-24-2017 ATM
by Art. 10]
There exists conclusive evidence that tobacco smoke causes cancer,
respiratory diseases, various cardiac diseases, negative birth outcomes,
allergies and irritations to the eyes, nose and throat to both the
smoker and nonsmoker exposed to secondhand smoke. Environmental tobacco
smoke (hereinafter ETS) causes the death of 53,000 Americans each
year, and in 2000 the Public Health Service's National Toxicology
Program listed environmental tobacco smoke as a known human carcinogen
(U.S. DHHS, 2000, citing Cal. EPA, 1997). Therefore, the Town of Marshfield
recognizes the right of those who wish to breathe smoke-free air and
establishes this bylaw to protect and improve the public health and
welfare by prohibiting smoking in public places effective September
1, 2001.
As used in this bylaw, the following terms shall have the meanings
indicated:
The Marshfield Board of Health.
Any natural person who performs services for an employer.
A natural person, partnership, association, corporation,
trust, or other organized group of individuals, including the Town
of Marshfield or any agency thereof, which utilizes the services of
one or more individuals.
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,
or dentist and all specialists within these professions.
Any sports pavilions, gymnasiums, health spas, boxing arenas,
swimming pools, roller and ice rinks, bowling alleys and other similar
enclosed recreational facilities where members of the general public
assemble either to engage in physical exercise, participate in athletic
competition, or witness sports events.
An area primarily dedicated to the serving of alcoholic beverages
and in which the service of food is only incidental to the consumption
of such beverages.
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.
A not-for-profit establishment with a defined membership.
Any building owned, leased, operated or occupied by the municipality,
any enclosed area open to the general public, including, but not limited
to, libraries, museums, theaters, auditoriums, indoor sports arenas
and/or recreational facilities, inns, hotels and motels, educational
facilities, shopping malls, public rest rooms, lobbies, staircases,
halls, exits, entrances, and elevators accessible to the public, and
licensed child care locations.
[Amended 4-24-2017 ATM
by Art. 10]
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.
Any coffee shop, cafeteria, sandwich stand, private and public
cafeteria, and other eating establishment which 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.
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.
The inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, or other tobacco product in any form.
Any 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 regulation shall conspicuously
display upon the premises "No Smoking" signs provided by the Massachusetts
Department of Public Health and available from the Marshfield Board
of Health 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) and comparable in size to the sign
provided by the Massachusetts Department of Public Health and available
from the Marshfield Board of Health.
[Amended April 2009 ATM by Art. 10/26]
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: health care facilities, enclosed public places, and within 25 feet of any enclosed public building, public transportation, restaurants, retail stores, public beaches, Town property, Town vehicles and workplaces except as otherwise provided in § 232-5 of this bylaw.
Notwithstanding the provisions of § 232-4 of this bylaw, smoking may be permitted in the following places and/or circumstances:
A.
Private residences except those portions used as a licensed child
care or health care office when operating as such.
B.
Hotel and motel rooms rented to guests that are designated as smoking
rooms.
C.
Hotel and motel conference/meeting rooms and private and public assembly
rooms while these places are being used for private functions.
D.
Private or semi-private 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.
E.
Retail tobacco stores, which are primarily for the sale of tobacco
products and paraphernalia, in which the sale of other products is
merely incidental and minors are prohibited from entering the establishment,
and which are not required to possess a retail food permit.
[Amended 4-24-2017 ATM
by Art. 10]
F.
Outdoor seating, or sidewalk portions of a food service establishment,
provided that such outdoor section may be covered but not otherwise
enclosed except for the one side which adjoins the food service establishment.
G.
Private clubs, except when the private club is open to the public.
H.
Bars and restaurants providing physical barriers separating smoking
and nonsmoking sections as well as separate systems of ventilation
for each. Ventilation systems must be approved by the Board of Health.
Notwithstanding the provisions of the foregoing § 232-5 of this bylaw, 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.
Any person who violates this regulation shall be subject to
a fine of $50 for a first offense, $100 for a second offense within
one year of the first offense and $150 for a third or subsequent offense
within one year of the date of the first offense.
A.
As an alternative to initiating criminal proceedings, violations
of this regulation may be enforced in the manner provided in MGL c.
40, § 21D, by the Board or its agents. Any fines imposed
under the provisions of this regulation shall enure to the Town of
Marshfield for such use as the Town may direct.
B.
One method of enforcement may be periodic, unannounced inspections
of those establishments subject to this regulation.
C.
Any citizen who desires to register a complaint under this regulation
may request that the Board of Health initiate enforcement.
Whoever violates any provision of this regulation, 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 the filing of a criminal complaint at the appropriate venue.
Each day on which any violation exists shall be deemed to be a separate
offense.
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.
