[HISTORY: Adopted by the Town of Nantucket as indicated in article histories. Amendments noted where applicable.]
[Adopted by the Board of Health 3-31-1999[1]]
[1]
Editor's Note: The Board of Health approved the codification of its regulations, as revised, 6-16-2022.
A. 
The 1986 Surgeon General's Report on "Health Consequences of Involuntary Smoking" clearly documents that nonsmokers are placed at risk for developing disease as a result of exposure to environmental tobacco smoke, or secondhand smoke. In 1993, the Environmental Protection Agency classified environmental tobacco smoke as a known carcinogen. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease, including lung cancer, in nonsmokers.
B. 
Exposure to environmental tobacco smoke presents a serious and substantial public health risk. Of particular concern is the workplace environment of nonsmokers, where they may be subjected to sustained, involuntary exposure. At special risk are children, the elderly, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.
C. 
Studies have shown that vending machines afford an opportunity for unauthorized sale of cigarettes to minors. Evidence further demonstrates that tobacco is extremely addictive. Approximately 80% of all smokers begin smoking before age 18 and more than 3,000 young people begin smoking every day in this nation.
The Town of Nantucket, pursuant to MGL c. 111, § 31, adopts these regulations as reasonable health regulations designed to protect and improve the health of its residents.
As used in these regulations, the following terms shall have the meanings indicated:
BAR OR LOUNGE
An establishment with or without a food service license, devoted primarily to serving alcoholic beverages for consumption by guests on the premises, in which the consumption of food is incidental only to the consumption of such beverages.
EMPLOYEE
A person who performs services for wages or other consideration.
EMPLOYER
A person, partnership, association, corporation, company or other organized group, including the County/Town of Nantucket and any department or agency thereof, and any municipal entity, which utilizes the services of two or more employees.
FOOD SERVICE ESTABLISHMENT
An establishment having one or more seats at which food is served to the public that is a covered area or located within a permanent structure.
FUNCTION ROOM/HALL
A separate, enclosed room used for private functions within a food service establishment.
MINOR
A person under 18 years of age.
PUBLIC PLACE
An enclosed, indoor area that is open to and used by the general public, including and not limited to the following facilities: licensed child-care facilities; educational facilities; clinics; nursing homes; all elevators, stairwells, halls, lobbies and entranceways accessible to the public; bars or lounges; common areas (not including actual sleeping quarters) of guest houses, bed-and-breakfasts, inns, hotels and motels; food service establishments; public rest rooms; laundromats; hair salons, barbershops; libraries; municipal buildings; museums; retail food establishments; indoor sports arenas; enclosed shopping malls; theaters; auditoriums; public transit facilities; and, any function rooms/halls when used for public meetings or public social functions. A function room/hall used for a private social function, in which the sponsor of the private function and not the owner or proprietor has control over the seating arrangements, shall not be construed as a public place.
SMOKING
The lighting of or having in one's possession any lighted cigarette, cigar, pipe, marijuana delivery product, tobacco product, or any other matter or substance that contains tobacco, nicotine or marijuana. The term "smoking" shall also include using or having in one's possession any activated nicotine delivery product.
TOBACCO
Cigarettes, cigars, snuff, chewing tobacco or tobacco in any of its forms.
TOBACCO VENDING MACHINE
A mechanical or electrical device which dispenses tobacco products by self-service, with or without the assistance of a clerk or operator.
VENTILATION SYSTEM
A mechanical or electrical device or system capable of removing contaminated air from an enclosed space at a rate of 60 cubic feet per minute.
WORKPLACE
Any area within a structure or portion thereof in which two or more employees perform services for their employer. It also includes employee lounges, rest rooms, dining areas, conference rooms, hallways, stairways, and entranceways.
A. 
It shall be unlawful for any person to smoke in any workplace except in specifically designated smoking areas as described in Subsection B.
B. 
Each employer may specifically designate enclosed areas in which employees may smoke; provided, however, that comparable nonsmoking areas of adequate size and capacity are available; and provided, further, that physical barriers and separate ventilation systems, vented directly to the outside, are used to segregate smoking areas from nonsmoking areas.
(1) 
Smoking areas shall be such that smoke is not able to migrate into nonsmoking areas. Common areas, including hallways, elevators, entranceways, stairwells, rest rooms, and waiting areas listed in § 345-3, may not be designated as smoking areas. Areas designated as smoking and nonsmoking must be conspicuously marked.
(2) 
Plans of the design of the ventilation system and the maintenance schedule for the designated smoking area must be approved by the Nantucket Board of Health. Said ventilation system shall provide a minimum ventilation rate of 60 cubic feet per minute. Annual inspection by a qualified HVAC contractor or otherwise qualified professional approved by the Nantucket Board of Health shall be required to assure satisfactory compliance with ventilation requirements. This annual report must be submitted to the Nantucket Health Department in writing prior to the issuance or renewal of any permit or license.
C. 
Each person having control of premises upon which smoking is prohibited by this regulation shall not knowingly permit a violation of this regulation.
Every person having control of a premises where smoking is prohibited by this regulation shall conspicuously display on the premises, including the primary entrance doorways, signs reading "Smoking prohibited by law." Posting of the international symbol for "no smoking" (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be deemed as compliance.
The owner of a bar or lounge may apply to the Board of Health for the variance of the prohibition of smoking in each bar or lounge. Application shall be made in writing to the Board of Health, stating the reasons and justification for the request. The Board of Health shall conduct a public hearing on the request, at which time the owner or operator shall present the request and the basis for the request. The Board of Health may grant the requested variance, provided the bar or lounge is equipped with a ventilation system as defined herein.
A. 
Permit. To monitor compliance of the sale of tobacco products, permits will be issued. No person, firm, corporation, establishment or agency shall sell tobacco products within the Town of Nantucket without a valid tobacco sales permit issued by the Board of Health. Permits must be posted in a manner conspicuous to the public. Tobacco sales permits must be renewed annually at a time and fee set forth by the Board of Health.
B. 
Sales to minors. In conformance with MGL c. 270, § 6, no person, firm, corporation, establishment, or agency shall sell tobacco products to a minor. Each employee working in an establishment licensed to sell tobacco products shall be required to read the Board of Health regulations and state laws regarding the sale of tobacco, and sign a form indicating that such regulations/laws have been read and understood, a copy of which must be placed on file in the office of the employer and retained. Such signed forms must be made available for inspection during the license holder's normal business hours upon request of the agent of the Board of Health.
C. 
Distribution of tobacco products. No person, firm, corporation, establishment, or agency shall distribute tobacco products free of charge or in connection with a commercial or promotional endeavor within the Town of Nantucket. Such endeavors include, but are not limited to, product "giveaways" or distribution of a tobacco product as an incentive, prize, award, or bonus in a game, contest, or tournament involving skill or chance. Such restrictions shall not apply to use of coupons from magazines, newspapers, periodicals or attached to packaging. All distributors/retailers of tobacco products or tobacco merchandise must require that the customer present a valid state-issued picture identification card or driver's license with appropriate photograph to confirm that the customer is of a legal age to purchase the tobacco products.
D. 
Restrictions on self-service (freestanding) tobacco displays. It has been shown that self-service (freestanding) tobacco displays encourage illegal activity by youth and provide youth with easier access to tobacco products. Therefore, tobacco products on freestanding displays in retail locations, where a tobacco product may be selected by the customer, shall be restricted in the following manner:
(1) 
Self-service (freestanding) displays shall be permitted only on a checkout counter/register, in full view of a clerk and at a distance of no more than five feet from the clerk.
(2) 
No floor displays shall be permitted.
(3) 
If a checkout counter/register is not staffed, the tobacco products must be in an enclosed, locked case or otherwise inaccessible for self-service.
A. 
Violations of this smoking regulation will be subject to the provisions of the regulations of the Town of Nantucket regarding noncriminal disposition.[1]
[1]
Editor's Note: See Ch. 1, Art. II, Noncriminal Disposition of Bylaw and Regulation Violations, of the Code of the Town of Nantucket.
B. 
Any person who knowingly violates any provision of this regulation, or who smokes in a municipal area subject to regulation in which a "Smoking Prohibited by Law" sign or its equivalent is conspicuously displayed, shall be punished by a fine of up to $50 for each offense.
C. 
Any proprietor(s) or other person(s) in charge of a public place or workplace, including municipal entities, who fails to comply with these regulations shall be subject to the following actions for each offense:
(1) 
A warning shall be issued for a first offense. A fine of up to $100 may be issued for a second offense, up to $200 for a third offense, up to $300 for a fourth offense, and up to $300 for any subsequent offense; and
(2) 
Following the second offense, the Board of Health may, after a public hearing, suspend any license for that public place for a period of up to two days for each day of noncompliance, or withhold renewal of the license. Following a third offense, the Board of Health may suspend an existing permit/license for a period of time determined by the Board of Health until compliance is achieved.
D. 
Persons, firms, corporations, or agencies selling tobacco products to minors or selling tobacco products without a tobacco sales permit shall be punished by a fine of not more than $300 per day for each day of such violation and/or suspension of the tobacco sales permit.
E. 
In addition to the remedies provided by Subsections B, C, and D above, the Board of Health or any person aggrieved by the failure of the proprietor or other person in charge of a public place or workplace to comply with any provision of this regulation may apply for injunctive relief to enforce the provisions of this section in any court of competent jurisdiction.
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.
A. 
The Board of Health or its enforcement officer(s) shall enforce this regulation. Any violation of these regulations may be enforced and punished by the provisions of Chapter 1, Article II, Noncriminal Disposition of Bylaw and Regulation Violations, of the Code of the Town of Nantucket.
B. 
Any citizen who desires to register a complaint of noncompliance under this regulation may do so by contacting the Health Department.
[Adopted by the Board of Health 5-21-2015[1]]
[1]
Editor's Note: The Board of Health approved the codification of its regulations 6-16-2022.
A. 
There exists conclusive evidence that tobacco, nicotine and marijuana products cause cancer, respiratory disease, various cardiac problems, allergies and irritations to the eyes, oral and nasal cavities and are hazardous to persons with compromised immune systems, children and pregnant women. This has been proven for users, nonusers and employees who are exposed to such products; and the Town of Nantucket's Board of Health has engaged in continuing efforts to keep Nantucket beaches and recreation areas clean, so as to promote the health, safety, and enjoyment of all individuals.
B. 
In light of these concerns and to protect public health, safety and welfare, the Town of Nantucket Board of Health hereby enacts this regulation to prohibit smoking and the use of tobacco products on all Town-owned recreation areas, including all public beaches, playgrounds, parks, and adjacent parking areas.
This regulation is adopted by the Town of Nantucket Board of Health as authorized by MGL c. 111, § 31.
As used in these regulations, the following terms shall have the meanings indicated:
MARIJUANA
As defined in MGL c. 94C, § 1.
MARIJUANA DELIVERY PRODUCT
Any device or material of any kind used to inhale marijuana, including but not limited to the items defined as "drug paraphernalia" in MGL c. 94C, § 1.
NICOTINE DELIVERY PRODUCT
Any device or material of any kind used to inhale nicotine, including but not limited to e-cigarettes, e-cigars and e-pipes.
RECREATION AREA
Any property which is owned by the Town of Nantucket and which is open to use by the public for recreational purposes, including but not limited to beaches, parks, playgrounds and all parking areas and structures used in connection therewith.
SMOKING
The lighting of or having in one's possession any lighted cigarette, cigar, pipe, marijuana delivery product, tobacco product, or any other matter or substance that contains tobacco, nicotine or marijuana. The term "smoking" shall also include using or having in one's possession an activated nicotine delivery product.
TOBACCO PRODUCT
Any product containing tobacco, including but not limited to cigarettes, cigars, pipes, chewing tobacco and snuff.
A. 
Noncriminal disposition.
(1) 
This regulation may be enforced by the Town of Nantucket enforcement personnel, including, but not limited to, seasonal enforcement officers, police, health, marine, and natural resources individuals.
(2) 
Whoever violates any provision of this regulation may be penalized by a noncriminal disposition process as provided in MGL c. 40, § 21D and the Town's noncriminal disposition bylaw.[1] If noncriminal disposition is elected, then any person who violates any provision of this regulation shall be subject to the following penalties:
(a) 
First offense: verbal warning.
(b) 
Second offense: $100 fine.
(c) 
Third offense: $200 fine.
(d) 
Fourth or subsequent offense: $300 fine.
[1]
Editor's Note: See Ch. 1, Art. II, Noncriminal Disposition of Bylaw and Regulation Violations, of the Code of the Town of Nantucket.
B. 
Criminal disposition. Whoever violates any provision of this regulation may be penalized by indictment or on complaint brought in District Court. Except as may be otherwise provided by law and as the District Court may see fit to impose, the maximum penalty for each violation or offense shall be $300.
C. 
Permit suspension or revocation. The Town may suspend or revoke any Town of Nantucket beach permit issued for any violation of this regulation. Such revocation or suspension may take place after a hearing held by the Board of Health of which the permit holder is given seven days' written notice. Such notice shall be deemed given upon mailing same, certified mail, return receipt requested, to the address listed on the permit application.
D. 
Other remedies. The Board of Health may enforce this regulation or enjoin violations thereof through any lawful process, and the election of one remedy by the Board of Health shall not preclude enforcement through any other lawful means.
E. 
Any penalty imposed under this regulation for the possession of marijuana shall be in addition to any civil penalty that may be imposed pursuant to MGL c. 94C, § 32L.