[HISTORY: Adopted by the Board of Health of the Town of Whately as indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 229, Sewage Disposal Systems, Individual, consisting of Art. I, Pumping of Septic Systems, adopted 1-10-1990, and Art. II, Septic System Inspection, adopted 9-12-1990, was repealed by the Board of Health 12-15-2008.
[Adopted 1-15-2013[1]]
[1]
Editor's Note: The codification of these regulations as Ch. 229, Art. I, of the Town Code was approved by the Board of Health 3-11-2024.
A. 
Whereas there exists conclusive evidence that tobacco smoking causes cancer, respiratory and cardiac diseases, negative birth outcomes, and irritations to the eyes, nose and throat;[1]
[1]
Center for Disease Control and Prevention (CDC) (2012), Health Effects of Cigarette Smoking Fact Sheet. Retrieved from: http://www.cdc.gov/tobacco/data_statistice/fact_sheets/health_effects/effects_cig_smoking/index.htm.
B. 
Whereas among the 15.7% of students nationwide who currently smoke cigarettes and are less than 18 years old, 14.1% usually obtained them by buying them in a store (i.e., convenience store, supermarket, or discount store) or gas station;[2]
[2]
CDC (2009), Youth Risk Behavior, Surveillance Summaries [Morbidity and Mortality Weekly Report (MMWR) 2010:59, 11 (No. SS-55)]. Retrieved from: http://www.cdc.gov/HealthyYouth/yrbs/index.htm.
C. 
Whereas nationally in 2009, 72% of high school smokers and 66% of middle school smokers were not asked to show proof of age when purchasing cigarettes;[3]
[3]
CDC Office of Smoking and Health, National Youth Tobacco Survey, 2009. Analysis by the American Lung Association (ALA), Research and Program Services Division using SPSS software, as reported in "Trends in Tobacco Use," ALA Research and Program Services, Epidemiology and Statistics Unit, July 2011. Retrieved from: www.lung.org/finding-cures/our-research/trend-reports/Tobacco-Trend-Report.pdf.
D. 
Whereas the U.S. Department of Health and Human Services has concluded that nicotine is as addictive as cocaine or heroin;[4]
[4]
CDC (2010), How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking-Attributable Disease. Retrieved from: http://www.cdc.gov/tobacco/data_statistics/sgr/2010/.
E. 
Whereas despite state laws prohibiting the sale of tobacco products to minors, access by minors to tobacco products is a major public health problem;
F. 
Whereas many noncigarette tobacco products, such as cigars and cigarillos, can be sold in a single "dose"; enjoy a relatively low tax as compared to cigarettes; are available in fruit, candy and alcohol flavors; and are popular among youth;[5]
[5]
CDC (2009), Youth Risk Behavior, Surveillance Summaries (MMWR 2010: 59, 12, note 5). Retrieved from: http:www.cdc.gov/mmwr/pdf/ss/ss5905.pdf.
G. 
Whereas according to the CDC's youth risk behavior surveillance system, the percentage of high school students in Massachusetts who reported the use of cigars within the past 30 days went from 11.8% in 2003 to 14.9% in 2009;[6]
[6]
CDC (2009) Youth Risk Behavior, Surveillance Summaries [MMWR 2010:59, 72 (No SS-55)]. Retrieved from: www.cdc.gov; and CDC (2003), Youth Risk Behavior, Surveillance Summaries [MMWR 2004:53, 54 (No. SS-02)].
H. 
Whereas survey results show that more youth report that they have smoked a cigar product when it is mentioned by name than report that they smoked a cigar in general, indicating that cigar use among youth is underreported;[7]
[7]
2010 Boston Youth Risk Behavior Study; 16.5% of Boston youth responded that they had ever smoked a fruit or candy flavored cigar, cigarillo or little cigar, while 24.1% reported ever smoking a "black and mild" cigar.
I. 
Whereas in Massachusetts, youth use of all other tobacco products, including cigars, rose from 13.3% in 2003 to 17.6% in 2009, and was higher than the rate of current cigarette use (16%) for the first time in history;[8]
[8]
Commonwealth of Massachusetts, Data Brief, Trends in Youth Tobacco Use in Massachusetts, 1993-2009. Retrieved from: http://www.mass.gov/Eeohhs2/docs/dph/tobacco_control/adolescent_tobacco_use_youth_trends_1993_2009.pdf.
J. 
Whereas research shows that increased cigar prices significantly decreased the probability of male adolescent cigar use and a ten-percent increase in cigar prices would reduce use by 3.4%;[9]
[9]
Ringel, J., Wasserman, J., and Andreyeva, T. (2005) Effects of Public Policy on Adolescents' Cigar Use: Evidence from the National Youth Tobacco Survey. American Journal of Public Health, 95(6), 995-998, doi: 10.2105/AJPH.2003.030411 and cited in Cigar, Cigarillo and Little Cigar Use among Canadian Youth: Are We Underestimating the Magnitude of this Problem?, J. Prim. P. 2011, Aug: 32(3-4):161-70. Retrieved from: www.nebi.nim.gov/pubmed/21809109.
K. 
Whereas nicotine levels in cigars are generally much higher than nicotine levels in cigarettes;[10]
[10]
National Institute of Health (NIH), National Cancer Institute (NCI) (2010): Cigar Smoking and Cancer. Retrieved from: http://www.cancer.govb/cancertopics/factsheet/Tobacco/cigars.
L. 
Whereas nonresidential roll-your-own (RYO) machines located in retail stores enable retailers to sell cigarettes without paying the excise taxes that are imposed on conventionally manufactured cigarettes. High excise taxes encourage adult smokers to quit[11] and high prices deter youth from starting.[12] Inexpensive cigarettes, like those produced from RYO machines, promote the use of tobacco, resulting in a negative impact on public health and increased health care costs, and severely undercut the evidence-based public health benefit of imposing high excise taxes on tobacco;
[11]
Eriksen, M., Mackay, J., Ross, H. (2012). The Tobacco Atlas, Fourth Edition, American Cancer Society, Chapter 29, p. 80. Retrieved from: www.TobaccoAtlas.org.
[12]
Chaloupka, F.J. & Liccardo Pacula, R., NIH, NCI (2001). The Impact of Price on Youth Tobacco Use, Smoking and Tobacco Control Monograph 14: Changing Adolescent Smoking Prevalence, 193 — 200. Retrieved from: http://dccps.nih.gov/TCRB/monographs/.
M. 
Whereas it is estimated that 90% of what is being sold as pipe tobacco is actually being used in nonresidential RYO machines. Pipe tobacco shipments went from 11.5 million pounds in 2009 to 22.4 million pounds in 2010. Traditional RYO tobacco shipments dropped from 11.2 million pounds to 5.8 million pounds, and cigarette shipments dropped from 308.6 billion sticks to 292.7 billion sticks according to the December 2010 statistical report released by the U.S. Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau (TTB);[13]
[13]
TTB (2011). Statistical Report — Tobacco (2011) (TTB S 5210-12-2010). Retrieved from: http://www.ttb.gov/statistics/2010/201012tobacco.pdf.
N. 
Whereas the sale of tobacco products and nicotine delivery products is incompatible with the mission of health care institutions because these products are detrimental to the public health and their presence in health care institutions undermines efforts to educate patients on the safe and effective use of medication, including cessation medication;
O. 
Whereas educational institutions sell tobacco products to a younger population, who are particularly at risk for becoming smokers, and such sale of tobacco products and nicotine delivery products is incompatible with the mission of educational institutions that educate a younger population about social, environmental and health risks and harms;
P. 
Now, therefore, it is the intention of the Town of Whately Board of Health to regulate the sale of tobacco products and nicotine delivery products.
This regulation is promulgated pursuant to the authority granted to the Whately Board of Health by MGL c. 111, § 31, that "Boards of health may make reasonable health regulations."
For the purpose of this regulation, the following words shall have the following meanings:
BLUNT WRAP
Any tobacco product manufactured or packaged as a wrap or as a hollow tube made wholly or in part from tobacco that is designed or intended to be filled by the consumer with loose tobacco or other fillers.
BUSINESS AGENT
An individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of said establishment.
CIGAR
Any roll of tobacco that is wrapped in leaf tobacco or in any substance containing tobacco with or without a tip or mouthpiece not otherwise defined as a cigarette under MGL c. 64C, § 1, Paragraph 1.
E-CIGARETTE
Any electronic nicotine delivery product composed of a mouthpiece, heating element, battery and/or electronic circuits that provides a vapor of liquid nicotine to the user, or relies on vaporization of solid nicotine or any liquid. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name.
EDUCATIONAL INSTITUTION
Any public or private college, school, professional school, scientific or technical institution, university or other institution furnishing a program of higher education.
EMPLOYEE
Any individual who performs services for an employer.
EMPLOYER
Any individual, partnership, association, corporation, trust or other organized group of individuals that uses the services of one or more employees.
HEALTH CARE INSTITUTION
An individual, partnership, association, corporation or trust or any person or group of persons that provides health care services and employs health care providers licensed, or subject to licensing, by the Massachusetts Department of Public Health under MGL c. 112 or a retail establishment that provides pharmaceutical goods and services and is subject to the provisions of 247 CMR 6.00. Health care institutions include, but are not limited to, hospitals, clinics, health centers, pharmacies, drugstores, doctor offices and dentist offices.
MINOR
Any individual who is under the age of 21.
[Amended 3-11-2024]
NICOTINE DELIVERY PRODUCT
Any manufactured article or product made wholly or in part of a tobacco substitute or containing nicotine that is expected or intended for human consumption, but not including a product approved by the United States Food and Drug Administration for sale as a tobacco use cessation or harm reduction product or for other medical purposes and which is being marketed and sold solely for that approved purpose. Nicotine delivery products include, but are not limited to, e-cigarettes.
NONRESIDENTIAL ROLL-YOUR-OWN (RYO) MACHINE
A mechanical device made available for use (including to an individual who produces cigars, cigarettes, smokeless tobacco, pipe tobacco, or roll-your-own tobacco solely for the individual's own personal consumption or use) that is capable of making cigarettes, cigars, or other tobacco products. Roll-your-own machines located in private homes used for solely personal consumption are not nonresidential RYO machines.
PERMIT HOLDER
Any person engaged in the sale or distribution of tobacco or nicotine delivery products directly to consumers who applies for and receives a tobacco and nicotine delivery product sales permit or any person who is required to apply for a tobacco and nicotine delivery product sales permit pursuant to these regulations, or his or her business agent.
SELF-SERVICE DISPLAY
Any display from which customers may select a tobacco product or a nicotine delivery product without assistance from an employee or store personnel.
TOBACCO PRODUCT
Cigarettes, cigars, chewing tobacco, pipe tobacco, bidis, snuff or tobacco in any of its forms.
VENDING MACHINE
Any automated or mechanical self-service device which, upon insertion of money, tokens or any other form of payment, dispenses or makes cigarettes, any other tobacco product or nicotine delivery product.
A. 
No person shall sell tobacco or nicotine delivery products or permit tobacco or nicotine delivery products to be sold to a minor or, not being the minor's parent or legal guardian, give tobacco or nicotine delivery products to a minor.
B. 
Required signage.
(1) 
In conformance with and in addition to MGL c. 270, § 7, a copy of MGL c. 270, § 6, shall be posted conspicuously by the owner or other person in charge thereof in the shop or other place used to sell tobacco products at retail. The notice shall be provided by the Massachusetts Department of Public Health and made available from the Whately Board of Health. The notice shall be at least 48 square inches and shall be posted conspicuously by the permit holder in the retail establishment or other place in such a manner so that it may be readily seen by a person standing at or approaching the cash register. The notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than four feet or greater than nine feet from the floor.
(2) 
The owner or other person in charge of a shop or other place used to sell tobacco products at retail shall conspicuously post any additional signs required by the Massachusetts Department of Public Health.
C. 
Identification. Each person selling or distributing tobacco or nicotine delivery products shall verify the age of the purchaser by means of a valid government-issued photographic identification containing the bearer's date of birth that the purchaser is 21 years old or older. Verification is required for any person under the age of 27.
[Amended 3-11-2024]
D. 
All retail sales of tobacco or nicotine delivery products must be face to face between the seller and the buyer and occur at the permitted location.
A. 
No person shall sell or otherwise distribute tobacco or nicotine delivery products at retail establishments within the Town of Whately without first obtaining a tobacco and nicotine delivery product sales permit issued annually by the Whately Board of Health. Only owners of establishments with a permanent, nonmobile location in the Town of Whately are eligible to apply for a permit and sell tobacco products or nicotine delivery products at the specified location in the Town of Whately.
B. 
As part of the tobacco and nicotine delivery product sales permit application process, the applicant will be provided with the Board of Health regulation. Each applicant is required to sign a statement declaring that the applicant has read said regulation and that the applicant is responsible for instructing any and all employees who will be responsible for tobacco and nicotine delivery product sales regarding federal, state and local laws regarding the sale of tobacco and this regulation.
C. 
Each applicant who sells tobacco is required to provide proof of a current tobacco sales license issued by the Massachusetts Department of Revenue before a tobacco and nicotine delivery product sales permit can be issued.
D. 
The fee for a tobacco and nicotine delivery product sales permit shall be determined annually by the Town of Whately Board of Health. All such permits shall be renewed annually by the applicant.
E. 
A separate permit is required for each retail establishment selling tobacco and/or nicotine delivery products.
F. 
Each tobacco and nicotine delivery product sales permit shall be displayed at the retail establishment in a conspicuous place.
G. 
No tobacco and nicotine delivery product sales permit holder shall allow any employee to sell tobacco products or nicotine delivery products until such employee reads this regulation and federal and state laws regarding the sale of tobacco and signs a statement, a copy of which will be placed on file in the office of the employer, that he/she has read the regulation and applicable state and federal laws.
H. 
A tobacco and nicotine delivery product sales permit is nontransferable. A new owner of an establishment that sells tobacco or nicotine delivery products must apply for a new permit. No new permit will be issued unless and until all outstanding penalties incurred by the previous permit holder are satisfied in full.
I. 
Issuance of a tobacco and nicotine delivery product sales permit shall be conditioned on an applicant's consent to unannounced, periodic inspections of his/her retail establishment to ensure compliance with this regulation.
J. 
Issuance of a tobacco and nicotine delivery product sales permit shall be conditioned on an applicant's ongoing compliance with current Massachusetts Department of Revenue requirements and policies, including but not limited to minimum retail prices of tobacco products, including multiple-pack sales.
K. 
A tobacco and nicotine delivery product sales permit will not be renewed if the permit holder has failed to pay all fines issued and the time period to appeal the fines has expired and/or has not satisfied any outstanding permit suspensions.
A. 
No retailer, retail establishment, or other individual or entity shall sell or distribute or cause to be sold or distributed a cigar unless the cigar is contained in an original package of at least four cigars.
B. 
This section shall not apply to:
(1) 
The sale or distribution of any cigar having a retail price of $2.50 or more.
(2) 
A person or entity engaged in the business of selling or distributing cigars for commercial purposes to another person or entity engaged in the business of selling or distributing cigars for commercial purposes with the intent to sell or distribute outside the boundaries of Town of Whately.
C. 
The Whately Board of Health may adjust from time to time the amounts specified in this section to reflect changes in the applicable Consumer Price Index by amendment of this regulation.
No person shall distribute, or cause to be distributed, any free samples of tobacco products or nicotine delivery products. No means, instruments or devices that allow for the redemption of all tobacco products or nicotine delivery products for free or cigarettes at a price below the minimum retail price determined by the Massachusetts Department of Revenue shall be accepted by any permit holder.
No person may sell or cause to be sold or distribute or cause to be distributed any cigarette package that contains fewer than 20 cigarettes, including single cigarettes.
All self-service displays of tobacco products and/or nicotine delivery products are prohibited. All humidors, including but not limited to walk-in humidors, must be locked.
No health care institution located in Whately shall sell or cause to be sold tobacco or nicotine delivery products. No retail establishment that operates or has a health care institution within it, such as a pharmacy or drugstore, shall sell or cause to be sold tobacco products or nicotine delivery products.
No educational institution located in the Town of Whately shall sell or cause to be sold tobacco or nicotine delivery products. This includes all educational institutions as well as any retail establishments that operate on the property of an educational institution.
A. 
It shall be the responsibility of the establishment, permit holder and/or his or her business agent to ensure compliance with all sections of this regulation pertaining to his or her distribution of tobacco and/or nicotine delivery products. The violator shall receive:
(1) 
In the case of a first violation, a fine of $100.
(2) 
In the case of a second violation within 36 months of the date of the current violation, a fine of $200 and the tobacco and nicotine delivery product sales permit shall be suspended for seven consecutive business days.
(3) 
In the case of three or more violations within thirty-six-month period, a fine of $300 and the tobacco and nicotine delivery product sales permit shall be suspended for 30 consecutive business days.
B. 
Refusal to cooperate with inspections pursuant to this regulation shall result in the suspension of the tobacco and nicotine delivery product sales permit for 30 consecutive business days.
C. 
In addition to the monetary fines set above, any permit holder who engages in the sale or distribution of tobacco or nicotine delivery products directly to a consumer while his or her permit is suspended shall be subject to the suspension of all Board of Health-issued permits for 30 consecutive business days.
D. 
The Whately Board of Health shall provide notice of the intent to suspend a tobacco and nicotine delivery product sales permit, which notice shall contain the reasons therefor and establish a time and date for a hearing, which date shall be no earlier than seven days after the date of said notice. The permit holder or its business agent shall have an opportunity to be heard at such hearing and shall be notified of the Board of Health's decision and the reasons therefor in writing. After a hearing, the Whately Board of Health shall suspend the tobacco and nicotine delivery product sales permit if the Board of Health finds that a violation of this regulation occurred. For purposes of such suspensions, the Board shall make the determination notwithstanding any separate criminal or noncriminal proceedings brought in court hereunder or under the Massachusetts General Laws for the same offense. All tobacco products and nicotine delivery products shall be removed from the retail establishment upon suspension of the tobacco and nicotine delivery product sales permit. Failure to remove all tobacco and nicotine delivery products shall constitute a separate violation of this regulation.
A. 
Whoever violates any provision of this regulation may be penalized by the noncriminal method of disposition as provided in MGL c. 40, § 21D, or by filing a criminal complaint at the appropriate venue.
B. 
Each day any violation exists shall be deemed to be a separate offense.
A. 
Enforcement of this regulation shall be by the Whately Board of Health or its designated agent(s).
B. 
Any resident who desires to register a complaint pursuant to the regulation may do so by contacting the Whately Board of Health or its designated agent(s), and the Board shall investigate.
If any provision of these regulations is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect.
[Adopted 1-15-2013[1][2]]
[1]
Editor's Note: This regulation superseded the Environmental Tobacco Smoke Regulations adopted by the Board of Health 4-25-2001.
[2]
Editor's Note: The codification of these regulations as Ch. 229, Art. II, of the Town Code was approved by the Board of Health 3-11-2024.
The purpose of this regulation is to protect the health of the employees and general public in the Town of Whately.
This regulation is promulgated under the authority granted to the Town of Whately Board of Health pursuant to MGL c. 111, § 31, that "Boards of health may make reasonable health regulations."
A. 
As used in this regulation, the following words shall have the following meanings, unless the context requires otherwise:
COMPENSATION
Money, gratuity, privilege, or benefit received from an employer in return for work performed or services rendered.
E-CIGARETTE
Any electronic device, not approved by the United States Food and Drug Administration, composed of a mouthpiece, heating element, battery and/or electronic circuits that provides a vapor of liquid nicotine to the user, or relies on vaporization of any liquid, or solid nicotine. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name.
EMPLOYEE
An individual or person who performs a service for compensation for an employer at the employer's workplace, including a contract employee, temporary employee, and independent contractor who performs a service in the employer's workplace for more than a de minimus amount of time.
EMPLOYER
An individual, person, partnership, association, corporation, trust, organization, school, college, university or other educational institution or other legal entity, whether public, quasi-public, private, or nonprofit, which uses the services of one or more employees at one or more workplaces, at any one time, including the Town of Whately.
ENCLOSED
A space bounded by walls, with or without windows or fenestrations, continuous from floor to ceiling and enclosed by one or more doors, including but not limited to an office, function room or hallway.
OUTDOOR SPACE
An outdoor area, open to the air at all times and cannot be enclosed by a wall or side covering.
PRIVATE CLUB
(1) 
A not-for-profit entity that has been established and operates for a charitable, philanthropic, civic, social, benevolent, educational, religious, athletic, recreation or similar purpose and is comprised of members who collectively belong to:
(a) 
A society, organization or association of a fraternal nature that operates under the lodge system and having one or more affiliated chapters or branches incorporated in any state; or
(b) 
A corporation organized under MGL c. 180; or
(c) 
An established religious place of worship or instruction in the commonwealth whose real or personal property is exempt from taxation; or
(d) 
A veterans' organization incorporated or chartered by the Congress of the United States, or otherwise, having one or more affiliated chapters or branches incorporated in any state.
(2) 
Except for a religious place of worship or instruction, an entity shall not be a membership association for the purpose of this definition unless individual membership containing not less than full membership costs and benefits is required for all members of the association for a period of not less than 90 days.
PUBLIC TRANSPORTATION
Buses, taxis and other means of transportation available to the general public while operating within the boundaries of the Town of Whately; including indoor and outdoor boarding and waiting areas.
RETAIL TOBACCO STORE
An establishment which is not required to possess a retail food permit whose primary purpose is to sell or offer for sale to consumers, but not for resale, tobacco products and paraphernalia, in which the sale of other products is merely incidental, and in which the entry of persons under the age of 18 is prohibited at all times, and maintains a valid permit for the retail sale of tobacco products as required to be issued by the Town of Whately Board of Health.
SMOKING (or SMOKE)
The lighting of a cigar, cigarette, pipe or other tobacco product or possessing a lighted cigar, cigarette, pipe or other tobacco or nontobacco product designed to be combusted and inhaled.
SMOKING BAR
An establishment that primarily is engaged in the retail sale of tobacco products for consumption by customers on the premises and is required by MGL c. 270, § 22, to maintain a valid permit to operate a smoking bar issued by the Massachusetts Department of Revenue. "Smoking bar" shall include, but not be limited to, those establishments that are commonly known as "cigar bars" and "hookah bars."
WORKPLACE
An indoor area, structure or facility, or a portion thereof, at which one or more employees perform a service for compensation for an employer, other enclosed spaces rented to or otherwise used by the public, and where the employer has the right or authority to exercise control over the space.
B. 
Terms not defined herein shall be defined as set forth in MGL c. 270, § 22, and/or 105 CMR 661. To the extent any of the definitions herein conflict with MGL c. 270, § 22, and 105 CMR 661, the definition contained in this regulation shall control.
A. 
It shall be the responsibility of the employer to provide a smoke-free environment for all employees working in an enclosed workplace.
B. 
Smoking is hereby prohibited in the Town of Whately in accordance with MGL c. 270, § 22 (commonly known as the "Smoke-Free Workplace Law").
C. 
Pursuant to MGL c. 270, § 22(j), smoking is also hereby prohibited in:
(1) 
Smoking bars.
(2) 
Hotels, motels, inns, bed-and-breakfasts and lodging homes.
(3) 
All outdoor areas of restaurants, bars, taverns and any other outdoor place where food and/or alcoholic beverages and/or nonalcoholic beverages are sold to the public, served to the public or otherwise consumed or carried by the public.
(4) 
Nursing homes.
(5) 
Public transportation and bus and taxi waiting areas.
(6) 
Retail tobacco stores.
(7) 
In the area within 20 feet of any municipal building entranceway accessible to the public, except that this shall not apply to a smoker transiting through such twenty-foot area.
(8) 
On Town-owned playgrounds and swimming areas.
(9) 
On Town-owned athletic fields.
(10) 
Private clubs.
D. 
The use of e-cigarettes is prohibited wherever smoking is prohibited per MGL c. 270, § 22, and § 229-23C of this regulation.
A. 
An owner, manager, or other person in control of a building, vehicle or vessel who violates this regulation shall be punished by a fine of:
(1) 
One hundred dollars for the first violation;
(2) 
Two hundred dollars for a second violation occurring within two years of the date of the first offense; and
(3) 
Three hundred dollars for a third or subsequent violation occurring within two years of the second violation.
B. 
Each calendar day on which a violation occurs shall be considered a separate offense.
C. 
This regulation shall be enforced by the Board of Health and its designees.
D. 
Violations of § 229-23B shall be disposed of by a civil penalty using the noncriminal method of disposition procedures contained in MGL c. 40, § 21D, without an enabling ordinance or bylaw. The disposition of fines assessed shall be subject to MGL c. 111, § 188.
E. 
Violations of § 229-23A, C and D may be disposed of by a civil penalty using the noncriminal method of disposition procedures contained in MGL c. 40, § 21D.
F. 
If an owner, manager or other person in control of a building, vehicle or vessel violates this regulation repeatedly, demonstrating egregious noncompliance as defined by regulation of the Department of Public Health, the Board of Health may revoke or suspend the license to operate and shall send notice of the revocation or suspension to the Department of Public Health.
G. 
Any person may register a complaint to initiate an investigation and enforcement with the Board of Health, or its designee.
[Amended 3-11-2024]
If any paragraph or provision of this regulation is found to be illegal or against public policy or unconstitutional, it shall not effect the legality of any remaining paragraphs or provisions.
Notwithstanding the provisions of § 229-23 of this regulation, 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.