[HISTORY: Adopted as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Smoking — See Ch. 704.
[Adopted 2-26-1999 as Section 13 of the Plainville Board
of Health Regulations]
A.
Whereas conclusive evidence exists that tobacco use among minors
is a leading public health problem in the Town of Plainville and throughout
the United States; tobacco use causes cancer, respiratory diseases,
various cardiac diseases and low birth weight; smokers and nonsmokers
exposed to secondhand smoke have experienced allergies and irritations
to the eyes, nose and throat.
B.
More than 80% of all smokers begin smoking before the age of 18 and
more than 3,000 people begin smoking every day in the United States.
In addition, the United States Department of Health and Human Services
concluded that nicotine is as addictive as cocaine or heroin.
C.
As a result,
the Town of Plainville recognizes the need to curtail the use of tobacco
products by minors, and therefore, enacts the following regulations.
The Board of Health, pursuant to the authority granted under
MGL c. 111, § 31, hereby adopts the following regulation
to protect the public health of the community.
As used in this article, the following terms shall have the
meanings indicated:
Person(s) under 18 years of age.
While on, in, or upon any public way to which the public
has access; any public park, playground, conservation area, cemetery,
parking lot, municipal buildings and the grounds appurtenant thereto.
Cigarettes, cigars, chewing tobacco, snuff or any other form
of tobacco.
No minor may be in possession of a tobacco product in any public
place within the Town of Plainville. Notwithstanding, the foregoing
minors may handle tobacco products as an incident of their employment
or as an incident of conducting a routine compliance check on behalf
of the federal, state and/or local government including, but not limited
to, the Plainville Board of Health.
A.
In the case of the first violation, as defined in § 736-4: confiscate all reasonably accessible tobacco products in the possession of the violator, notify the violator's parent(s) or legal guardian(s) of the infraction and write the violator a ticket for $25 payable to the Town of Plainville within 21 calendar days.
B.
In the case of the second violation, as defined in § 736-4: confiscate all reasonably accessible tobacco products in the possession of the violator, notify the violator's parent(s) or legal guardian(s) of the infraction and write the violator a ticket for $50 payable to the Town of Plainville within 21 calendar days.
C.
In the case of the third violation, and all subsequent offenses, as defined in § 736-4: confiscate all reasonably accessible tobacco products in the possession of the violator, notify the violator's parent(s) or legal guardian(s) of the infraction and write the violator a ticket for $100 payable to the Town of Plainville within 21 calendar days.
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.
The Plainville Health Agent, and designated agents, Plainville
Police Department and the Plainville School Principals, and Vice Principals
of the Wood Elementary School and Anna Ware Jackson School and King
Philip Superintendent and designated staff members shall be responsible
for the enforcement of these regulations, associated fines, and implementation
of available teen cessation programs. The Plainville Board of Health
reserves the right to amend this regulation.
Upon publication: February 26, 1999.
