[Adopted 5-31-1996 (Ch. XVI of the 1979 Regulations)]
The Fairhaven Board of Health pursuant to MGL
c. 111, § 31, Tercentary Edition and amendments thereto,
adopts the following regulation governing no smoking in municipal
buildings" as a reasonable health regulation designed to protect and
improve the health of municipal employees and the residents of the
Town of Fairhaven.
The purpose of this chapter is to:
A. To prevent secondhand smoke from affecting the health
of the general public.
B. To prevent indoor air pollution.
C. To promote a safe and healthy environment in work
areas under the jurisdiction of the Town of Fairhaven.
As used in this chapter, the following words
shall have the following meanings:
MUNICIPAL BUILDING
Any building owned, operated, leased and/or under the control
of the Town of Fairhaven, including but not limited to Town Hall,
Council on Aging sites, school buildings (MGL c. 71, § 2A),
school administration building, police station(s), fire station(s),
library, maintenance/repair buildings, water treatment plants, sewer
treatment plants and office buildings under the control or jurisdiction
of the Town of Fairhaven.
MUNICIPAL VEHICLE
Any town-owned, -operated and/or -leased vehicle under the
control of the Town of Fairhaven.
SECONDHAND SMOKE
A combination of smoke released from the burning end of a
lighted tobacco product as well as exhaled smoke.
SMOKING
The lighting of or having in one's possession any lighted
tobacco product, including a cigarette, cigar, pipe or any other lighted
smoking equipment.
All points of entry to municipal buildings shall
conspicuously display on the premises the international symbol for
no smoking (consisting of a pictorial representation of a burning
cigarette enclosed in a red circle with a red bar across it) or state
that this is a smoke-free building.
The Board of Health, upon its own initiative
or upon application to or by any person, after due notice and public
hearing, may vary any provision of these regulations as it may deem
necessary with respect to any particular case, when, in its opinion,
the enforcement thereof would do manifest injustice, provided that
the decision of the Board of Health is based solely upon health concerns
and shall not conflict with the intent of these regulations.
Department heads of each municipal building
will be responsible for monitoring the conduct of employees under
their supervision and shall make reasonable efforts to prevent smoking
within the entire confines of the municipal building.
Any person who violates any provision of these regulations may be subject to disciplinary action under Chapter
401, General Provisions, §
401-1, Violations and penalties. Alternatively, any person who violates any provision of these regulations may be penalized by a noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D, and Chapter
1, General Provisions, of the Town of Fairhaven Code. The penalty for each violation of these regulations under the noncriminal complaint procedure is $25. Each violation of these regulations shall be considered a separate offense.
If any provision of this regulation is declared
invalid or unenforceable, the other provisions shall continue in full
force and effect.
These regulations shall be effective as of May
31, 1996 (World No Tobacco Day).
The Town of Fairhaven Board of Health, pursuant
to MGL c. 111, § 31, Tercentary Edition, and amendments
thereto, adopts the following regulation affecting youth access to
tobacco products as a reasonable health regulation designed to protect
and improve the health of its residents and the general public.
The purpose of this regulation is to establish
restrictions on the sale and distribution of cigarettes and other
tobacco products in order to reduce the number of children and adolescents
who use these products and to reduce the life-threatening consequences
associated with tobacco use in the Town of Fairhaven.
The following terms, as used in this regulation,
shall, unless the context clearly requires otherwise, have the following
meanings:
DISTRIBUTOR
Any person who furthers the distribution of cigarettes or
other tobacco products at any point from the original place of manufacture
to the person who sells or distributes the product to individuals
for personal consumption.
EMPLOYEE
Any individual who performs services for an employer in return
for wages or profit.
EMPLOYER
Any individual, partnership, association, corporation, trust,
nonprofit entity or other organized group, including the Town of Fairhaven
and any department or agency thereof, who or which employs two or
more employees.
MANUFACTURER
Any person, including any repacker and or relabeler, who
manufactures, fabricates, assembles, processes or labels a finished
cigarette or other tobacco products.
MINOR
A person under the age of 18 years of age.
PACKAGE
A pack, box, carton or container of any kind in which cigarettes
are offered for sale, sold or otherwise distributed to consumers.
POINT OF SALE
Any location at which a consumer can purchase or otherwise
obtain cigarettes or other tobacco products for personal consumption.
RETAILER
Any individual who sells cigarettes or smokeless tobacco
to individuals for personal consumption or who operates a facility
where vending machines or self-service displays are permitted.
RETAIL STORE
Any establishment selling goods or articles or personal services
to the public.
SELF-SERVICE DISPLAY
Any display from which individual packs or cartons of tobacco
products may be selected by the customer.
TOBACCO
Cigarettes, cigars, snuff or tobacco in any of its forms.
TOBACCO VENDING MACHINE
Any machine or device designated for the vending of cigarettes,
cigars, tobacco or tobacco products upon the insertion of coins, trade
checks, swipe cards, slips or any other payment, with or without assistance
by a clerk or operator.
The Board of Health shall supply retailer education
for all new applicants for tobacco sales permits at the time of application
for the permit. Such education may include distribution of materials
to guide retailers in their compliance with the regulation.
If any provision of this regulation is declared
invalid or unenforceable, the other provisions shall continue in full
force and effect.
This regulation shall be adopted and effective
upon publication in the Standard Times.