[HISTORY: Adopted by the Town of Newbury as indicated in article
histories. Amendments noted where applicable.]
[Adopted by the Annual Town Meeting 6-27-2000 by Art. 9]
No person shall possess or use tobacco products of any type, by any
means, within any school building, in any school facility, on school grounds
or school buses.
Each violation of this by-law shall be punishable by a fine as follows:
Prosecution of violations of this by-law shall be by noncriminal disposition
as provided in G.L. c. 40, Section 21D, as may be amended from time to time,
the provisions of which are incorporated herein by reference.
If the violator is less than 19 years of age, the enforcing person shall
cause a copy of the notice of violation to be sent to the violator's parent
or legal guardian.
The enforcing persons are authorized to take cognizance of any violation
of this by-law and may give to any offender a written notice of violation.
Said notice shall inform first time violators of their right to attend a tobacco
education program in lieu of fine and noncriminal disposition. Said notice
shall also direct the violator to appear before the clerk of the district
court having jurisdiction over such violations at any time during office hours
of said district court, not later than twenty-one days after the date of said
notice, or set forth such other directions as required by G.L. c. 40, Section
21D.
The members of the Town of Newbury Police Department and directors,
officers and employees of the Triton Regional School District shall be and
hereby are authorized to enforce this by-law and are hereby designated "enforcing
person(s)" as defined in Massachusetts General Laws c. 40, Section 21D.
The provisions of this by-law are severable and in the event any portion
thereof is deemed void or invalid, the remainder shall remain in full force
and effect.
