[HISTORY: Adopted by the Town Meeting of the Town of Stoughton as indicated in article histories. Amendments noted where applicable.]
[Adopted of 4-25-1983 ATM, Art. 4 (Ch. 140 of the 1983 Code)]
For the purposes of this article, the following definitions shall apply:
NON-SMOKING AREA
That area of a restaurant designated and posted by the proprietor or other person in charge, where smoking by patrons or employees shall be prohibited.
RESTAURANT
Restaurant with a seating capacity of 40 or more persons. (Bar and lounge areas primarily devoted to the purchase and consumption of alcoholic beverages shall be excluded in determining restaurant seating capacity.)
SMOKING
The lighting of, or the having in one's possession of any lighted cigar, cigarette, pipe, or other tobacco product.
SMOKING AREAS
All other areas of a restaurant unless smoking is prohibited by sanitation or fire safety codes or regulations.
A. 
No person shall smoke in any area of a restaurant designated as a non-smoking area. This prohibition does not apply in cases in which an entire room or hall is used for a private social function and, during the course of such function, is not subject to the full control of the proprietor or person in charge of the restaurant.
B. 
The non-smoking area shall comprise no less than 25% of the seating capacity of the restaurant unless otherwise provided for under § 153-3B.
C. 
In the case of restaurants consisting of a single room, the requirements of this article shall be considered met if one side of the room is reserved and posted as a non-smoking area, provided that the non-smoking area comprises no less than 25% of the seating capacity of the restaurant.
A. 
The proprietor or other person in charge of a restaurant shall make reasonable efforts to prevent smoking in the non-smoking area by:
(1) 
Posting appropriate signs;
(2) 
Arranging seating so that existing physical barriers and ventilation systems minimize the effects of smoking in a smoking area upon persons in an adjacent non-smoking area;
(3) 
Directing patrons seated in a non-smoking area to refrain from smoking; and
(4) 
Any other means which may be appropriate.
B. 
The Stoughton Board of Health may adopt rules and regulations, subject to the approval of the Board of Selectmen, to effectuate the purposes of this article.
C. 
Any person who smokes in a non-smoking area after notice from the person in charge that such conduct violates this article shall be subject to a fine of not less than $10 or more than $30.
D. 
The Stoughton Board of Health or any person aggrieved by the willful failure of the proprietor or other person in charge of a restaurant to comply with any provision of the article may seek injunctive or other relief to enforce the provisions of this article in a court of competent jurisdiction.
E. 
Nothing in this article shall make lawful smoking in any area in which smoking is or may hereafter be prohibited by law.
[Adopted 5-3-1993 ATM, Art. 61, approved 10-27-1993 (Ch. 137 of the 1983 Code)]
For the purposes of this article, the following definitions shall apply:
PUBLIC BUILDING
Any enclosed, indoor area that is located in a building owned or occupied by any department or agency of the Town of Stoughton.
SMOKING
The lighting of, or the having in one's possession of, any lighted cigar, cigarette, pipe, or other tobacco product.
A. 
The Town Manager or his representative shall make reasonable efforts to prevent smoking in public buildings by:
(1) 
Posting conspicuously such notices or signs at each entrance indicating that smoking is prohibited therein.
(2) 
Any other means which may be appropriate.
B. 
Any person aggrieved by the willful failure to comply with any provisions of this article in any public building may complain in writing to the Town Manager. The Town Manager shall respond, in writing, within five days to the complainant that he has inspected the area described in the complaint and has enforced the provisions of this article.
C. 
The Town Manager or his representative is authorized to pursue such legal action as may be necessary to enforce this article.
Any person who violates any provision of this article shall be punished by a fine of not more than $50. This article may be enforced pursuant to MGL c. 40, § 21D. When enforced pursuant to MGL c. 40, § 21D, the penalty shall be $50.