[HISTORY: Adopted by the Annual Town Meeting of the Town
of Easton 5-20-2002 by Art. 25.
Amendments noted where applicable.]
Exposure to Environmental Tobacco Smoke ("ETS") otherwise known
as second-hand smoke presents a serious and substantial hazard to
the public health and safety of citizens of the Town. Of particular
concern is the exposure of non-smokers to ETS in Public Places within
the Town.
The purpose and intent of this chapter is to:
[Amended 5-21-2012 ATM
by Art. 33]
This chapter is adopted in accordance with the authority granted,
inter alia, by Amendment 89 to Article II of the Massachusetts Constitution
and MGL c. 43B, § 13. The Board of Health and the Easton
Police Department are delegated hereby the responsibility and authority
to enforce and administer this chapter, including without limitation,
the power to: investigate and respond to complaints, conduct inspections,
hold hearing, and assess fines. The Board may re-delegate such aspects
of chapter administration to employees or agents of the Board as it
may from time-to-time determine.
BAR/LOUNGE — An establishment which is licensed
for the sale of alcoholic beverages to the public for consumption
by Persons on the premises of the establishment and which may serve
food incidental to the consumption of such alcoholic beverages.
The Board of Health of the Town of Easton.
A free-standing structure ("Structure" as defined in the
Zoning By-Laws) or a separate, enclosed room within a Public Place
used for social functions.
Any office or institution providing care or treatment of
diseases or other medical, physiological or psychological conditions
including but not limited to rehabilitation hospitals or other clinics,
including nursing homes, homes for the aging or chronically ill, laboratories,
offices of any surgeon, chiropractor, physical therapist, physician,
dentist and all specialists within these professions.
Those sports pavilions, gymnasiums, health spas, boxing arenas,
swimming pools, roller and ice rinks, bowling alleys or other similar
recreational facilities where individuals assemble either to (i) engage
in physical exercise, or (ii) participate in athletic competition
or (iii) watch other individuals participate in such competition.
Any natural person and any entity, including without limitation,
any corporation, partnership, limited liability company, unincorporated
association or trust.
[Amended 5-21-2012 ATM by Art. 33]
Any building, facility or land owned, leased, operated or occupied
by the Town including: school buildings; Town Hall; Town owned land
held specifically for the purpose of conservation and/or active and
passive recreation such as conservation land, playing fields, hiking
and walking trails;
Any building or facility opened to the general public including:
libraries; museums; theaters; auditoriums; Indoor Sports Facilities;
inns; hotels; motels; educational facilities; shopping malls; public
restrooms; lobbies; staircases; halls; exists; entrances; elevators
accessible to the public; licensed child-care facilities; bars/lounges;
restaurants; function halls/function rooms; healthcare facilities;
retail food stores and retail stores.
The following are specifically excluded from the definition
of Public Place:
Inn, hotel and motel rooms rented to guests and designated as
"Smoking" rooms.
Function halls/function rooms when they are being used for a
private social function in which the sponsor of the private function
chooses the persons in attendance.
Public ways and sidewalks adjacent thereto, owned and maintained
by the Town.
A food service establishment in which food is prepared and
intended for individual portion service and including the site at
which individual portions are provided to the public. The term includes
such place regardless of whether consumption of the food is on or
off the premises and regardless of whether there is a charge for the
food.
Any establishment or section of an establishment where food
and food products are offered to the Public and intended for off-premises
consumption. The terms includes delicatessens that offer prepared
food in bulk quantities only, supermarkets, grocery stores, bakeries
and convenience stores.
Any establishment whose primary purpose is to sell or offer
for sale to consumers (but not for resale) any goods, wares, merchandise,
articles or other things, including Retail Food Stores but not Restaurants.
The inhaling, exhaling, burning or carrying of a lighted
or heated cigar, cigarette, pipe or other tobacco or non-tobacco product
intended for inhalation in any manner or form, including the use of
electronic cigarettes, electronic cigars, electronic pipes or other
similar products that rely on vaporization or aerosolization. “Smoking”
or “smoke” may also include any other activities as may
be defined by analogous Massachusetts General Laws or regulations
promulgated thereunder.
[Amended 10-30-2018 STM
by Art. 13]
The Town of Easton.
No Person shall Smoke in a Public Place and no Person having
the care, custody or control of a Public Place shall permit or suffer
any Person to Smoke in a Public Place.
Every Person having the care, custody or control of a Public
Place shall cause to be continuously and conspicuously displayed "No
Smoking" signs in numbers the Board deems sufficient so that any person
who is within a Public Place shall have received reasonable warning
that Smoking is prohibited within such Public Place. "No Smoking"
signs shall be comparable in size and style to those provided by the
Massachusetts Department of Public Health and shall display prominently
the international "No Smoking" symbol as well as the words "No Smoking".
A.
Each instance of the following shall constitute a violation of this
chapter:
B.
Each instance of violation or non-compliance shall constitute a separate
offense.
Any Person who violates this chapter shall be subject to a fine
of $100 for a first violation, $200 for a second violation and $300
for the third and each subsequent violation. The Board is granted
the discretion on a case-by-case basis to issue a warning without
fine for a first offense. Any person assessed a penalty hereunder,
within 15 days of assessment, in a writing, may request a hearing
before the Board to show cause why the assessment of the penalty was
without substantial basis in fact or law.
A Person aggrieved by a decision of the Board under this chapter
may appeal such decision to the appropriate court of competent jurisdiction
as provided by the laws of the Commonwealth.
If any clause, section, or other part of this chapter shall
be held invalid or unconstitutional by any court of competent jurisdiction,
the remainder of this chapter shall not be affected thereby but shall
remain in full force and effect.
