[HISTORY: Adopted by the Town Council of
the Town of Agawam 12-21-2020 by Ord. No. TOR-2020-7.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 149,
Smoking and Tobacco Products, adopted 7-9-2018 by TOR-2018-6.
This chapter is promulgated pursuant to Massachusetts General
Laws Chapter 270, Section 22(j) which states in part that "nothing
in this section shall permit smoking in an area in which smoking is
or may hereafter be prohibited by law including, without limitation:
any other law or health regulation. Nothing in this section shall
preempt further limitation of smoking by the commonwealth or political
subdivision of the commonwealth."
A.
COMPENSATION
E-CIGARETTE/ELECTRONIC NICOTINE DELIVERY SYSTEM (ENDS)
EMPLOYEE
EMPLOYER
ENCLOSED
MUNICIPAL BUILDING
OUTDOOR SPACE
RETAIL TOBACCO STORE
SMOKING (or SMOKE)
SMOKING BAR
WORKPLACE
As used in this article, the following words shall have the following
meanings, unless the context requires otherwise.
Money, gratuity, privilege, or benefit received from an employer
in return for work performed or services rendered.
Any electronic device, not approved by the United States
Food and Drug Administration, composed of a mouthpiece, heating element,
battery and/or electronic circuits that provides a vapor of liquid
nicotine to the user, or relies on vaporization of any liquid or solid
nicotine. This term shall include such devices whether they are manufactured
as e-cigarettes, e-cigars, e-pipes, e-hookah or under any other product
name.
An individual or person who performs a service for compensation
for an employer at the employer's workplace, including a contract
employee, temporary employee, and independent contractor who performs
a service in the employer's workplace for more than a de minimus
amount of time.
An individual, person, partnership, association, corporation,
trust, organization, school, college, university or other educational
institution or other legal entity, whether public, quasi-public, private,
or non-profit which uses the services of one or more employees at
one or more workplaces, at any one time, including the Town of Agawam.
A space bounded by walls, with or without windows or fenestrations,
continuous from floor to ceiling and enclosed by one or more doors,
including but not limited to an office, function room or hallway.
Any building or facility owned, operated, leased or occupied
by the municipality.
An outdoor area, open to the air at all times and cannot
be enclosed by a wall or side covering.
An establishment that is not required to possess a retail
food permit whose primary purpose is to sell or offer for sale to
consumers, but not for resale, tobacco products and paraphernalia,
in which the sale of other products is merely incidental, and in which
the entry of persons under the age of 21 is prohibited at all times,
and which maintains a valid permit for the retail sale of tobacco
products as required by the Agawam Board of Health. Retail Tobacco
Stores in which the entry of persons under the age of 21 is prohibited
at all times are allowed to offer for sale, electronic nicotine delivery
systems which contain over 35 milligrams per milliliter of nicotine.
The lighting of a cigar, cigarette, pipe or other tobacco
product or possessing a lighted cigar, cigarette, pipe or other tobacco
or nontobacco product designed to be combusted and inhaled, including
the use of electronic nicotine delivery systems.
An establishment that primarily is engaged in the retail
sale of tobacco products for consumption by customers on the premises
and is required by Massachusetts General Law Ch. 270, § 22
to maintain a valid permit to operate a smoking bar issued by the
Massachusetts Department of Revenue. "Smoking bar" shall include,
but not be limited to, those establishments that are commonly known
as "cigar bars" and "hookah bars." Smoking bars in which the entry
of persons under the age of 21 is prohibited at all times are allowed
to offer for sale, flavored products and electronic nicotine delivery
systems which contain over 35 milligrams per milliliter of nicotine.
An indoor area, structure or facility or a portion thereof,
at which one or more employees perform a service for compensation
for an employer; other enclosed spaces rented to or otherwise used
by the public; and where the employer has the right or authority to
exercise control over the space.
B.
Terms not defined herein shall be defined as set forth in M.G.L.
Ch. 270, § 22 and/or 105 CMR 661. To the extent any of the
definitions herein conflict with M.G.L. Ch. 270, § 22 or
105 CMR 661, the definition contained in this ordinance shall control.
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 Agawam in accordance with M.G.L.
Ch. 270, § 22 (commonly known as the "Smoke-Free Workplace
Law").
C.
Pursuant to M.G.L. Ch. 270, § 22(j) smoking is also hereby
prohibited in:
(1)
Smoking bars whose operators have newly applied after October 1,
2018;
(2)
Nursing homes;
(3)
Hotels, motels, B&B rooms, including short-term rentals;
(4)
In all outdoor areas where food and/or beverages are served to the
public by employees of restaurants, bars and taverns;
(5)
Public transportation, bus/taxi waiting areas.
(6)
On all town-owned playgrounds, parks, beaches, ballfields or any
other recreational facility future or existing with structures, improved
paths, parking areas or other maintained improvements. Also included
are all municipal buildings, future or existing, and their grounds,
including but not limited to, the Town Hall, Senior Center, Town Hall
Annex, Fire and Police Stations, Library, and Building Maintenance
Facility. A municipal golf course shall be exempt from this section.
A.
An owner, manager, or other person in control of a building, vehicle
or vessel who violates this section, in a manner other than by smoking
in a place where smoking is prohibited, shall be punished by a fine
of:
B.
Each calendar day on which a violation occurs shall be considered
a separate offense.
C.
This article shall be enforced by the Board of Health and its designees.
D.
Violations of § 149-4B shall be disposed of by a civil penalty using the noncriminal method of disposition procedures contained in MGL c. 40 § 21D without an enabling ordinance or by-law. The disposition of fines assessed shall be subject to MGL c. 111 § 188.
F.
If an owner, manager or other person in control of a building, vehicle
or vessel violates this ordinance repeatedly, demonstrating egregious
noncompliance as defined by regulation of the Department of Public
Health, the Board of Health may revoke or suspend any Board of Health-issued
permit to operate and shall send notice of the revocation or suspension
to the Department of Public Health.
G.
Any person may register a complaint to initiate an investigation
and enforcement with the Board of Health, the local inspection department
or the equivalent.
If any paragraph or provision of this article is found to be
illegal or against public policy or unconstitutional, it shall not
affect the legality of any remaining paragraphs or provisions.
Notwithstanding the provisions of § 147-3 of this
article, nothing in this article shall be deemed to amend or repeal
applicable fire, health or other regulations so as to permit smoking
in areas where it is prohibited by such fire, health or other regulations.
For the purpose of this article, the following words shall have
the following meanings:
Any tobacco product manufactured or packaged as a wrap or
as a hollow tube made wholly or in part from tobacco that is designed
or intended to be filled by the consumer with loose tobacco or other
fillers regardless of any content.
An individual who has been designated by the owner or operator
of any establishment to be the manager or otherwise in charge of said
establishment.
A distinguishable taste or aroma, other than the taste or
aroma of tobacco, imparted or detectable either prior to or during
consumption of a tobacco product or component part thereof, including,
but not limited to, tastes or aromas relating to any fruit, chocolate,
vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or
spice, including mint and menthol; provided, however, that no tobacco
product shall be determined to have a characterizing flavor solely
because of the provision of ingredient information or the use of additives
or flavorings that do not contribute to the distinguishable taste
or aroma of the product.
Any roll of tobacco that is wrapped in leaf tobacco or in
any substance containing tobacco with or without a tip or mouthpiece
not otherwise defined as a cigarette under MGL c. 64c § 1,
Paragraph 1.
Any element of a tobacco product, including, but not limited
to, the tobacco, filter and paper, but not including any constituent.
Any ingredient, substance, chemical or compound, other than
tobacco, water or reconstituted tobacco sheet, that is added by the
manufacturer to a tobacco product during the processing, manufacturing
or packaging of the tobacco product. Such term shall include a smoke
constituent.
Any card, paper, note, form, statement, ticket or other issue
distributed for commercial or promotional purposes to be later surrendered
by the bearer so as to receive an article, service or accommodation
without charge or at a discount price.
Perceivable by either the sense of smell or taste.
Any electronic device, not approved by the United States
Food and Drug Administration, composed of a mouthpiece, heating element,
battery and/or electronic circuits that provides a vapor of liquid
nicotine to the user, or relies on vaporization of any liquid or solid
nicotine. This term shall include such devices whether they are manufactured
as e-cigarettes, e-cigars, e-pipes, e-hookah or under any other product
name.
Any public or private college, school, professional school,
scientific or technical institution, university or other institution
furnishing a program of higher education.
Any individual who performs services for an employer.
Any individual, partnership, association, corporation, trust
or other organized group of individuals that uses the services of
one or more employees.
Any tobacco product or component part thereof that contains
a constituent that has or produces a characterizing flavor. A public
statement, claim or indicia made or disseminated by the manufacturer
of a tobacco product, or by any person authorized or permitted by
the manufacturer to make or disseminate public statements concerning
such tobacco product, that such tobacco product has or produces a
characterizing flavor shall constitute presumptive evidence that the
tobacco product is a flavored tobacco product.
An individual, partnership, association, corporation or trust
or any person or group of persons that provides health care services
and employs health care providers licensed, or subject to licensing,
by the Massachusetts Department of Public Health under MGL c. 112
or a retail establishment that provides pharmaceutical goods and services
and is subject to the provisions of 247 CMR 6.00. Health care institutions
include, but are not limited to, hospitals, clinics, health centers,
pharmacies, drug stores, doctor offices, optician/optometrist offices
and dentist offices.
A bottle or other vessel which contains nicotine in liquid
or gel form, whether or not combined with another substance or substances,
for use in a tobacco product, as defined herein. The term does not
include a container containing nicotine in a cartridge that is sold,
marketed, or intended for use in a tobacco product, as defined herein,
if the cartridge is prefilled and sealed by the manufacturer and not
intended to be open by the consumer or retailer.
The higher of the price listed for a tobacco product on its
package or the price listed on any related shelving, posting, advertising
or display at the place where the tobacco product is sold or offered
for sale plus all applicable taxes if such taxes are not included
in the state price, and before the application of any discounts or
coupons.
The age an individual must be before that individual can
be sold a tobacco product in the municipality.
A mechanical device made available for use (including to
an individual who produces cigars, cigarettes, smokeless tobacco,
pipe tobacco, or roll-your-own tobacco solely for the individual's
own personal consumption or use) that is capable of making cigarettes,
cigars or other tobacco products. RYO machines located in private
homes used for solely personal consumption are not nonresidential
RYO machines.
Any person engaged in the sale or distribution of tobacco
products who applies for and receives a tobacco product sales permit
or any person who is required to apply for a tobacco product sales
permit pursuant to this article, or his or her business agent.
Any individual, firm, partnership, association, corporation,
company or organization of any kind, including but not limited to,
an owner, operator, manager, proprietor or person in charge of any
establishment, business or retail store.
An establishment that is not required to possess a retail
food permit whose primary purpose is to sell or offer for sale to
consumers, but not for resale, tobacco products and paraphernalia,
in which the sale of other products is merely incidental, and in which
the entry of persons under the age of 21 is prohibited at all times,
and which maintains a valid permit for the retail sale of tobacco
products as required by the Agawam Board of Health. Retail tobacco
stores in which the entry of persons under the age of 21 is prohibited
at all times are allowed to offer for sale, electronic nicotine delivery
systems which contain over 35 milligrams per milliliter of nicotine.
Public or private elementary or secondary schools.
Any display from which customers may select a tobacco product,
as defined herein, without assistance from an employee or store personnel.
Any chemical or chemical compound in mainstream or side-stream
tobacco smoke that either transfers from any component of the tobacco
product to the smoke or that is formed by the combustion or heating
of tobacco, additives or other component of the tobacco product.
An establishment that primarily is engaged in the retail
sale of tobacco products for consumption by customers on the premises
and is required by MGL c. 270, § 22 to maintain a valid
permit to operate a smoking bar issued by the Massachusetts Department
of Revenue. "Smoking bar" shall include, but not be limited to, those
establishments that are commonly known as "cigar bars" and "hookah
bars." Smoking bars in which the entry of persons under the age of
21 is prohibited at all times are allowed to offer for sale, flavored
products and electronic nicotine delivery systems which contain over
35 milligrams per milliliter of nicotine.
Any product containing, made, or derived from tobacco or
nicotine that is intended for human consumption, whether smoked, chewed,
absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any
other means, including, but not limited to: cigarettes, cigars, little
cigars, chewing tobacco, pipe tobacco, snuff; or electronic cigarettes,
electronic cigars, electronic pipes, electronic hookah, liquid nicotine,
"e-liquids" or other similar products, regardless of nicotine content,
that rely on vaporization or aerosolization. "Tobacco product" includes
any component or part of a tobacco product. "Tobacco product" does
not include any product that has been approved by the United States
Food and Drug Administration either as a tobacco use cessation product
or for other medical purposes and which is being marketed and sold
or prescribed solely for the approved purpose.
Any product designed, manufactured, produced, marketed, or
sold to produce a characterizing flavor when added to any tobacco
product.
Any automated or mechanical self-service device, which upon
insertion of money, tokens or any other form of payment, dispenses
or makes cigarettes or any other tobacco products, as defined herein.
A.
No person shall sell tobacco products or permit tobacco products,
as defined herein, to be sold to a person under the minimum legal
sales age; or not being the individual's parent or legal guardian,
give tobacco products, as defined herein, to a person under the minimum
legal sales age. The minimum legal sales age in Agawam is 21.
B.
Required signage:
(1)
In conformance with and in addition to MGL c. 270 § 7 a
copy of MGL c. 270 § 6, shall be posted conspicuously by
the owner or other person in charge thereof in the shop or other place
used to sell tobacco products at retail. The notice shall be provided
by the Massachusetts Department of Public Health and made available
from the Agawam Board of Health. The notice shall be at least 48 square
inches and shall be posted conspicuously by the permit holder in the
retail establishment or other place in such a manner so that it may
be readily seen by a person standing at or approaching the cash register.
The notice shall directly face the purchaser and shall not be obstructed
from view or placed at a height of less than four feet or greater
than nine feet from the floor. The owner or other person in charge
of a shop or other place used to sell tobacco products at retail shall
conspicuously post any additional signs required by the Massachusetts
Department of Public Health. The owner or other person in charge of
a shop or other place used to sell hand rolled cigars must display
a warning about cigar consumption in a sign at least 50 square inches
pursuant to 940 CMR 22.06(2)(e).
(2)
The owner or other person in charge of a shop or other place used
to sell tobacco products, as defined herein, at retail shall conspicuously
post signage provided by the Agawam Board of Health that discloses
current referral information about smoking cessation.
(3)
The owner or other person in charge of a shop or other place used
to sell tobacco products that rely on vaporization or aerosolization,
as defined herein as "tobacco products," at retail shall conspicuously
post a sign stating that "The sale of tobacco products, including
e-cigarettes, to someone under the minimum legal sales age of 21 years
is prohibited." The notice shall be no smaller than 8.5 inches by
11 inches and shall be posted conspicuously in the retail establishment
or other place in such a manner so that it may be readily seen by
a person standing at or approaching the cash register. The notice
shall directly face the purchaser and shall not be obstructed from
view or placed at a height of less than four feet or greater than
nine feet from the floor.
C.
Identification: Each person selling or distributing tobacco products,
as defined herein, shall verify the age of the purchaser by means
of a valid government-issued photographic identification containing
the bearer's date of birth that the purchaser is 21 years old
or older. Verification is required for any person under the age of
27.
D.
All retail sales of tobacco products, as defined herein, must be
face-to-face between the seller and the buyer and occur at the permitted
location.
A.
No person shall sell or otherwise distribute tobacco products, as
defined herein, within the Town of Agawam without first obtaining
a tobacco product sales permit issued annually by the Agawam Board
of Health. Only owners of establishments with a permanent, non-mobile
location in Agawam are eligible to apply for a permit and sell tobacco
products, as defined herein, at the specified location in Agawam.
B.
As part of the tobacco product sales permit application process,
the applicant will be provided with the Agawam ordinance. Each applicant
is required to sign a statement declaring that the applicant has read
said ordinance and that the applicant is responsible for instructing
any and all employees who will be responsible for tobacco product
sales regarding federal, state and local laws regarding the sale of
tobacco and this article.
C.
Each applicant who sells tobacco products, including nicotine vaping
products, is required to provide proof of a current tobacco retailer
license and/or license to act as an electronic nicotine delivery system
retailer, issued by the Massachusetts Department of Revenue, when
required by state law, before a tobacco product sales permit can be
issued.
D.
A separate permit, displayed conspicuously, is required for each
retail establishment selling tobacco products, as defined herein.
The fee for which shall be determined by the Agawam Board of Health
annually.
E.
A tobacco product sales permit is nontransferable. A new owner of
an establishment that sells tobacco products, as defined herein must
apply for a new permit. No new permit will be issued unless and until
all outstanding penalties incurred by the previous permit holder are
satisfied in full.
F.
Issuance of a tobacco product sales permit shall be conditioned on
an applicant's consent to unannounced, periodic inspections of
his/her retail establishment to ensure compliance with this ordinance.
G.
A tobacco product sales permit will not be renewed if the permit
holder has failed to pay all fines issued and the time period to appeal
the fines has expired and/or the permit holder has not satisfied any
outstanding permit suspensions.
H.
A tobacco product sales permit will not be renewed if the permit holder has sold a tobacco product to a person under the MLSA (§ D.1) three times within the previous permit year and the time period to appeal has expired. The violator may request a hearing in accordance with § 149-22D.
I.
Maximum number of tobacco product sales permits.
(1)
At any given time, there shall be no more than 30 tobacco product
sales permits issued in Agawam. No permit renewal will be denied based
on the requirements of this subsection except any permit holder who
has failed to renew his or her permit within 30 days of expiration
will be treated as a first-time permit applicant.
(2)
A tobacco product sales permit shall not be issued to any new applicant
for a retail location within 500 feet of a public or private elementary
or secondary school as measured by a straight line from the nearest
point of the property line of the school to the nearest point of the
property line of the site of the applicant's business premises.
(3)
Applicants who purchase or acquire an existing business that holds
a valid tobacco product sales permit at the time of the sale or acquisition
of said business must apply within 60 days of such sale or acquisition
for the permit held by the current permit holder if the applicant
intends to sell tobacco products as defined herein.
A.
No person shall sell or distribute or cause to be sold or distributed
a single cigar.
B.
No person shall sell or distribute or cause to be sold or distributed
any original factory-wrapped package of two or more cigars, unless
such package is priced for retail sale at $5 or more.
C.
This section shall not apply to:
(1)
The sale or distribution of any single cigar having a retail price
of $2.50 or more.
(2)
A person or entity engaged in the business of selling or distributing
cigars for commercial purposes to another person or entity engaged
in the business of selling or distributing cigars for commercial purposes
with the intent to sell or distribute outside the boundaries of Agawam.
D.
The Agawam Board of Health may adjust from time to time the amounts
specified in this section to reflect changes in the applicable consumer
price index by amendment of this article.
No person shall sell or distribute or cause to be sold or distributed
any flavored tobacco product, or tobacco product flavor enhancer,
except in smoking bars with the intent of onsite consumption.
No person or entity shall sell or distribute blunt wraps in
Agawam.
No person shall:
A.
Distribute or cause to be distributed, any free samples of tobacco
products, as defined herein;
B.
Accept or redeem, offer to accept or redeem, or cause or hire any
person to accept or redeem or offer to accept or redeem any coupon
that provides any tobacco product, as defined herein, without charge
or for less than the listed or nondiscounted price; or
C.
Sell a tobacco product, as defined herein, to consumers through any
multipack discounts (e.g., "buy-two-get-one-free") or otherwise provide
or distribute to consumers any tobacco product, as defined herein,
without charge or for less than the listed or nondiscounted price
in exchange for the purchase of any other tobacco product.
A.
The sale or distribution of tobacco products, as defined herein,
in any form other than an original factory-wrapped package is prohibited,
including the repackaging or dispensing of any tobacco product, as
defined herein, for retail sale. No person may sell or cause to be
sold or distribute or cause to be distributed any cigarette package
that contains fewer than 20 cigarettes, including single cigarettes.
B.
A retailer of liquid nicotine containers must comply with the provisions
of 310 CMR 30.000, and must provide the Agawam Board of Health with
a written plan for disposal of said product, including disposal plans
for any breakage, spillage or expiration of the product.
C.
All retailers must comply with 940 CMR 21.05 which reads: "It shall
be an unfair or deceptive act or practice for any person to sell or
distribute nicotine in a liquid or gel substance in Massachusetts
after March 15, 2016 unless the liquid or gel product is contained
in a child-resistant package that, at a minimum, meets the standard
for special packaging as set forth in 15 U.S.C. §§ 1471
through 1476 and 16 CFR § 1700 et seq."
All self-service displays of tobacco products, as defined herein,
are prohibited. All humidors including, but not limited to, walk-in
humidors must be locked.
All vending machines containing tobacco products, as defined
herein are prohibited.
All nonresidential roll-your-own machines are prohibited.
No health care institution located in Agawam shall sell or cause
to be sold tobacco products, as defined herein. No retail establishment
that operates or has a health care institution within it, such as
a pharmacy, optician/optometrist or drug store, shall sell or cause
to be sold tobacco products, as defined herein.
No educational institution located in Agawam shall sell or cause
to be sold tobacco products, as defined herein. This includes all
educational institutions as well as any retail establishments that
operate on the property of an educational institution.
The sale or distribution of tobacco products, as defined herein,
must comply with those provisions found at 940 CMR 21.00 ("Sale and
Distribution of Cigarettes, Smokeless Tobacco Products, and Electronic
Smoking Devices in Massachusetts").
It shall be the responsibility of the establishment, permit
holder and/or his or her business agent to ensure compliance with
all sections of this article and Massachusetts General Laws.
A.
For violations of § 149-9A, Tobacco sales to persons under the minimum legal sales age prohibited; § 149-12, Sale of flavored tobacco products prohibited and MGL c. 270 § 6; certain sections of § 149-9B, Signage; § 149-14A and B, Free distribution and coupons; § 149-15A, Out-of-package sales; § 149-16, Self-service displays, the violator shall receive by Health Order:
(1)
In the case of the first violation, a fine of $1,000.
(2)
In the case of the second violation within 36 months of the date
of the current violation a fine of $2,000 and the tobacco product
sales permit shall be suspended for 14 consecutive business days.
(3)
In the case of three or more violations within a thirty-six-month
period, a fine of $5,000 and the tobacco product sales permit shall
be suspended for 60 consecutive business days.
B.
For violation of all other sections, the violator shall receive by
Health Order:
(1)
In the case of a first violation, a fine of $300.
(2)
In the case of a second violation within 36 months of the date of
the current violation, a fine of $300 and the tobacco product sales
permit shall be suspended for 14 consecutive business days.
(3)
In the case of three or more violations within a thirty-six-month
period, a fine of $300 and the tobacco product sales permit shall
be suspended for 60 consecutive business days.
(4)
In the case of four violations or repeated, egregious violations of this article within a thirty-six-month period, the Board of Health shall hold a hearing in accordance with Subsection E of this section and shall permanently revoke a tobacco product sales permit.
(5)
All fines must be paid within 30 days of owner's written receipt
of the notice of violation or the date of the hearing decision by
the Agawam Board of Health, whichever occurs later. Failure to pay
the fine within the 30 days shall result in a suspension of the tobacco
product sales permit.
C.
Refusal to cooperate with inspections pursuant to this article shall
result in the suspension of the tobacco product sales permit for 30
consecutive business days.
D.
In addition to the monetary fines set above, any permit holder who
engages in the sale or distribution of tobacco products while his
or her permit is suspended shall be subject to the suspension of all
Board of Health issued permits for 30 consecutive business days.
E.
The Agawam Board of Health shall provide notice of the intent to
suspend or revoke a tobacco product sales permit, which notice shall
contain the reasons therefor and establish a time and date for a hearing
which date shall be no earlier than seven days after the date of said
notice. The permit holder or its business agent shall have an opportunity
to be heard at such hearing and shall be notified of the Board of
Health's decision and the reasons therefor in writing. After
a hearing, the Agawam Board of Health shall suspend or revoke the
tobacco product sales permit if the Board of Health finds that a violation
of this article occurred. For purposes of such suspensions or revocations,
the Board shall make the determination notwithstanding any separate
criminal or noncriminal proceedings brought in court hereunder or
under the Massachusetts General Laws for the same offense. All tobacco
products, as defined herein, shall be removed from the retail establishment
upon suspension or revocation of the tobacco product sales permit.
Failure to remove all tobacco products, as defined herein, shall constitute
a separate violation of this article.
Whoever violates any remaining provision of this article may
be penalized by the noncriminal method of disposition as provided
in MGL c. 40 § 21D or by filing a criminal complaint at
the appropriate venue.
Each day any violation exists shall be deemed to be a separate
offense.
If any provision of this article is declared invalid or unenforceable,
the other provisions shall not be affected thereby but shall continue
in full force and effect.
This article shall be effective as of January 1, 2021.
