[Adopted 5-5-1994 ATM;
amended 5-15-2000 ATM (formerly
designated Art. XV, § 15)]
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:
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:
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.
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.
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.
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.
An area within a restaurant or workplace where smoking is
permitted pursuant to this bylaw.
Any person, including but not limited to any contractor,
who performs services for an individual, partnership, association,
corporation, trust or other organized group.
A space bounded by walls and under a roof.
Any enclosed area or portion thereof when such an area is
open to the general public.
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.
The lighting of or having in one's possession or control
any lighted cigar, cigarette, pipe or other tobacco product.
Any enclosed area or portion thereof in which employees perform
services.
A.
It shall be unlawful for any person to smoke in any public place
or workplace except in those designated smoking areas which are authorized
by this bylaw and allowed by permits, which may be granted by the
Board of Health, or as otherwise authorized by this bylaw. In no case
shall smoking be permitted in any rest room.
B.
Any person or entity in control of an area in which smoking is prohibited
shall conspicuously display signs upon the premises in appropriate
locations and numbers indicating that smoking is prohibited.
A.
The provisions of this bylaw shall not apply to:
(1)
Private events. Smoking may be allowed in an enclosed area within
a public place which is not located in a municipal building when that
entire area is being used for a private event.
(2)
In-home businesses.
(3)
Workplaces of businesses which employ a total of two employees or
less. This exception shall not apply to any workplace which shares
a common ventilation system with an unaffiliated individual or entity.
(4)
Nursing homes.
B.
Smoking may be permitted within eating establishments that currently
hold smoking permits and meet the following criteria as of July 1,
2000, as certified by a certified industrial hygienist:
(1)
The industrial hygienist must inspect, evaluate, test and certify that the mechanical air ventilation system was installed and is operating according to the standards defined in the definition of "approved mechanical air ventilation systems" in § 41-2 of this article.
(2)
The certification submitted to the Board of Health each year must
include a seating plot plan which defines the designated smoking area.
Under no circumstances shall the seating capacity of the smoking area
exceed the percentage of the original smoking permit.
C.
Smoking is allowed in workplaces, provided that the designated smoking
area is separated from the nonsmoking area by floor to ceiling tangible
and nonpermeable barriers and that the designated smoking area be
equipped with a separate approved mechanical air ventilation system.
Employees may, but shall not be required to, perform services within
the designated smoking area.
D.
Establishments which do not meet these criteria shall be 100% smoke
free. These exceptions are nontransferable. Establishments which are
sold or change ownership after July 1, 2000, shall be required to
be 100% smoke free. Any food-eating establishment that currently holds
a smoking permit that fails to comply with these revised regulations
will automatically have its smoking permit revoked.
E.
Any restaurant with a waiting area within a designated smoking area
shall also provide a waiting area within a nonsmoking area.
F.
Any persons or entity in control of a designated smoking area shall
conspicuously display within the area in appropriate locations and
numbers signs indicating that smoking is permitted.
G.
Any person or entity in control of a restaurant, bar or workplace
containing an approved air ventilation system shall provide unit maintenance
records and recertification to the Board of Health annually by June
1 and shall insure that the system is operating when smoke is present.
H.
In the event of a breakdown or malfunction, in whole or in part,
of a barrier or air ventilation system, smoking will not be permitted
until the barrier or system is fully repaired.
[Amended 5-6-2019 ATM,
Art. 28]
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.
A.
Any person or entity in control of a public place, restaurant or
workplace that fails to implement the provisions of this bylaw shall
be considered to have violated this bylaw.
B.
Any person who smokes in a public place or workplace in other than
a designated smoking area in violation of this bylaw shall be considered
to have violated this bylaw.
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.
