There exists substantial evidence that tobacco smoke has a direct
causal relationship to various cancers, heart diseases and lung disorders.
Increasing evidence further demonstrates that the harmful effects
of tobacco are not confined to smokers but also cause severe discomfort
and in some cases illness to nonsmokers. Therefore, the purpose of
this bylaw is for the protection and promotion of public health. The
successful implementation of this bylaw requires a cooperative effort
and mutual respect on the part of smokers and nonsmokers.
For the purpose of this bylaw, the following words shall have
the following meaning:
APPROVED MECHANICAL AIR VENTILATION SYSTEMS
A mechanical air handling system separate and distinct from
the air handling system utilized in the nonsmoking section, which
shall be certified by a certified industrial hygienist and:
A.
Meets or exceeds the BOCA National Mechanical Code/1993, the
standard set forth in Chapter 16, Table M-1604.3, for the Required
Mechanical Ventilation Air for Smoking Lounges, which states that
a maximum occupant load of 70 persons per 1,000 square feet be allowed,
with 60 cubic feet per minute (cfm) per person provided.
B.
Maintains a constant pressure differential between the designated
smoking area and the nonsmoking area sufficient to direct air flow
from the nonsmoking area to the designated smoking area and prevent
the flow of smoke into the nonsmoking area.
C.
The mechanical exhaust system cannot recirculate any indoor
air. Exhaust vents should be over smoking sections and fresh air coming
into all areas from outdoors.
BAR
An area with seating, which is devoted to the serving of
alcoholic beverages for consumption by patrons on the premises and
in which the serving of food is only incidental to the consumption
of such beverages. Although a restaurant may contain a bar, the term
"bar" shall not include the restaurant dining area.
DESIGNATED SMOKING AREA
An area within a restaurant or workplace where smoking is
permitted pursuant to this bylaw.
EMPLOYEE
Any person, including but not limited to any contractor,
who performs services for an individual, partnership, association,
corporation, trust or other organized group.
ENCLOSED
A space bounded by walls and under a roof.
PUBLIC PLACE
Any enclosed area or portion thereof when such an area is
open to the general public.
RESTAURANT
Any business which holds a common victualer's license and
where food is prepared or served to the general public for consumption
on the premises.
SMOKING
The lighting of or having in one's possession or control
any lighted cigar, cigarette, pipe or other tobacco product.
WORKPLACE
Any enclosed area or portion thereof in which employees perform
services.
Any person or entity in control of a public place, restaurant
or workplace shall implement this bylaw by:
A. Providing proper signage in smoking and nonsmoking areas;
B. Informing any person who is smoking in the public place, restaurant
or workplace in other than a designated smoking area that he or she
is smoking in violation of law and requesting that the person either
refrain from smoking or move to a designated smoking area; and
C. Promptly notifying a Board of Health member in the event that any
person continues to smoke within the public place or workplace in
other than a designated smoking area after being informed that his
or her smoking is in violation of law.
Any person who has reason to believe that a person or entity
has violated this bylaw may notify an appropriate law enforcement
authority or file a complaint with the Board of Health or both. A
complaint filed with the Board of Health shall be in writing, signed
by the complainant, and shall set forth the time, place and details
of the alleged violation.
Any person or entity against whom a complaint has been filed
with the Board of Health shall be informed of the complaint and his
or her right to dispute the complaint. Any person or entity choosing
to dispute a complaint shall, within 10 days after receiving notice,
request a hearing before the Board of Health. After a hearing, a majority
of the Board of Health shall either sustain or dismiss the complaint
based on a preponderance of the evidence presented. If a complaint
is not disputed or is sustained after hearing, the Board of Health
shall issue a citation assessing a penalty in accordance with this
bylaw or take any other appropriate action authorized by law.
The Board of Health may issue a citation assessing a penalty
in accordance with this bylaw whenever the Board determines that a
person or entity has violated this bylaw.
Any person or entity that violates this bylaw shall be subject
to a fine of $20 for a first offense, $50 for a second offense, and
$200 for a third and each subsequent offense. In addition to any other
penalty, the Board of Health may, after hearing, suspend or rescind
a permit granted under this bylaw, or take any other action permitted
by law. In determining the severity of the action to be taken, the
Board of Health shall consider, among other things, the flagrancy
of the violation and the expressed willingness of the violator to
implement the bylaw in the future.
Any construction modifications or changes to the premises necessary
to come into compliance with this bylaw must also comply with all
other federal, state and Town permits and requirements. The Building
Department and the Fire Department should be consulted before any
designs are finalized.
If any provision of this bylaw is declared invalid, the other
provisions thereof shall not be affected.