[Adopted 5-27-1997, approved 8-1-1997; last amended 6-2-2009, approved 9-4-2009 (Art. 116 of the 2011 General By-Laws)]
Whoever violates any provision of the Town of Dartmouth Board of Health Tobacco Control Regulation Prohibiting Smoking in Workplaces and Public Places or Tobacco Control Regulation Affecting Youth Access to Tobacco Products (collectively, "Tobacco Control Regulations"), the violation of which is subject to a specific penalty, may be penalized by the non-criminal method of disposition as provided in Massachusetts General Laws, Chapter 40, Section 21D, or by filing a criminal complaint in the appropriate jurisdiction and venue. The Dartmouth Board of Health or its designated agent(s) shall enforce Tobacco Control Regulations. Each day on which any violation of Tobacco Control Regulations exists shall be deemed to be a separate offense. The Penalty for a violation of Tobacco Control Regulations is as follows:
A. 
Board of Health Tobacco Control Regulation Prohibiting Smoking in Workplaces and Public Places. Fine Schedule for Section 5: Enforcement.
(1) 
A fine of $100 for the first offense.
(2) 
A fine of $200 for the second offense within 24 months of the first violation.
(3) 
A fine of $300 for the third or subsequent offenses within 24 months of the first violation.
B. 
Tobacco Control Regulation Affecting "Youth Access to Tobacco Products." Fine Schedule for Section VI(A)(1)(a-c): Penalties, Fines, Suspension, Revocation and Hearings.
(1) 
Section A.1.
(a) 
A fine of $100 for the first offense.
(b) 
A fine of $200 for the second offense within 24 months of the first violation.
(c) 
A fine of $300 for the third or subsequent offenses within 24 months of the first violation.
C. 
Tobacco Control Regulation Affecting "Youth Access to Tobacco Products." Fine Schedule for Section VI(B): Posting of Notices.
(1) 
Section B.
(a) 
A fine of $25.
(b) 
A fine of $10.