A.
It shall be the responsibility of the employer to provide a smoke-free environment for all employees working in an enclosed workplace as well as those workplaces listed in Subsection C below.
B.
Smoking is hereby prohibited in Barnstable in accordance with MGL
c. 270, § 22 (commonly known as the "Smoke-Free Workplace
Law").
C.
Pursuant to MGL c. 270, § 22(j), smoking is also hereby
prohibited in:
An owner, employer, or person having control of a premises where
smoking is prohibited shall conspicuously display upon the premises
"No Smoking" signs or the international "No Smoking" symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a red bar across it). These signs shall be comparable
in size to the sign provided by the Massachusetts Department of Public
Health, which are available from the Barnstable Board of Health.
Notwithstanding the provisions of this regulation, the smoking
of tobacco products may be permitted in the following places and/or
circumstances:
A.
Private residences, except those portions used as a child-care or
health-care office when operating as such.
B.
A guest room in a hotel, motel, inn, bed-and-breakfast or lodging
home rented to guests that are designated as "smoking rooms."
C.
An outdoor location where the public may gather that is under federal
or state jurisdiction, which has a policy on smoking accepted by the
Board of Health.
D.
An outdoor location where the public may gather that is owned and
under the control of a membership association, which has a policy
on smoking accepted by the Board of Health.
E.
Any smoking bar in existence as of February 4, 2000, which obtained
a variance from the Board of Health. No preexisting smoking bar shall
be permitted to either sell tobacco products to minors or to allow
minors to use tobacco products on the premises.
B.
Any person who knowingly violates any provision of this regulation
shall be punished by a fine of up to $50 for each offense.
C.
Any proprietor(s), employer or other person(s) in charge of a public
place who fail(s) 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.
(2)
A fine of up to $100 may be issued for the second offense, up to
$200 for a third offense, up to $300 for a fourth offense, and up
to $300 for any subsequent offense;
(3)
No provision, clause or sentence of this subsection of this regulation
shall be interpreted as prohibiting any Town of Barnstable department
or board from suspending or revoking licenses or permits issued by
and within the jurisdiction of such departments for repeated violations
of this regulation.
D.
In addition to the remedies provided by Subsections B and C 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 article may apply for injunctive relief to enforce the provisions of this article in any court of competent jurisdiction.
E.
The Board of Health or its designee(s) shall enforce this regulation.
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.
