[HISTORY: Adopted by the Town Meeting of the Town of Barre 6-14-2004 ATM, Art. 34. (This article superseded former Ch. 306, Smoking, adopted by the Board of Health 11-13-2000, amended in its entirety 8-12-2002.) Amendments noted where applicable.]
Whereas conclusive evidence exists that tobacco smoke causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose, and throat; and whereas the harmful effects of tobacco smoke are not confined to smokers but also cause severe discomfort and illness to nonsmokers; and whereas environmental tobacco smoke (hereinafter E.T.S.), which includes both exhaled smoke and the side stream smoke from burning cigarettes, causes the death of 53,000 Americans each year (McGinnis JM, Foege W, "Actual Causes of Death in the United States," JAMA 1993 270:2207-2212); and whereas in 2000, the Public Health Service's National Toxicology Program listed environmental tobacco as a known human carcinogen (U.S. DHHS, 2000, citing Cal. EPA, 1997) similar to radon and asbestos with no known safe levels of exposure; now, therefore, the Board of Health of the Town of Barre recognizes the right of those who wish to breathe smoke-free air and establishes this regulation to protect and improve the public health and welfare by prohibiting smoking in public places.
This regulation is promulgated under the authority granted to the Barre Board of Health under MGL c. 111, § 31, that "Boards of Health may make reasonable health regulations."
For the purpose of this regulation, the following words shall have the meanings respectively ascribed to them by this section:
- An adult-only establishment whose business is devoted to the serving of alcoholic beverages for the consumption by guests on the premises and is not within a restaurant.
- The Board of Health of the Town of Barre.
- Any sole proprietorship, partnership, joint venture, corporation, or other business entity, including retail establishments where goods or services are sold.
- BUSINESS AGENT
- 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.
- Any person who performs services for an employer.
- A person, partnership, association, corporation, trust, or other organized group of individuals, including the Town of Barre or any agency thereof, which utilizes the services of one or more employees.
- ENCLOSED AREA
- A space bounded by walls (with or without windows) continuous from the floor to the ceiling and enclosed by doors, including, but not limited to, offices, rooms and halls.
- MUNICIPAL BUILDING
- Any building that is owned by or under the control of the Town of Barre, including but not limited to schools, fire stations, police stations, DPW buildings, and the Town Hall.
- MUNICIPAL VEHICLE
- Any vehicle that is owned by or under the control of the Town of Barre, including but not limited to police, fire, DPW vehicles, and vehicles that are assigned to departments that work out of the Town Hall.
- 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 building, establishment, business, or restaurant or retail store, or the agents or designees of any of the foregoing.
- PLACE OF EMPLOYMENT
- Any establishment which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference and classrooms, employee cafeterias, and hallways.
- PRIVATE CLUB
- A not-for-profit establishment created and organized pursuant to MGL c. 180 as a charitable corporation with a defined membership. A private club is not a place of public accommodation but rather distinctly private. Criteria used to determine whether a club is distinctly private include, but are not limited to, those factors identified in 204 CMR 10.02. If the private club holds an alcoholic beverage license, said license shall be a "club license" or a "war veterans club license" as defined in MGL c. 138, § 12, and by the Massachusetts Alcohol Beverage Commission. Said license is subject to the terms set forth by local licensing authority.
- PRIVATE SOCIAL FUNCTION
- A social gathering associated with a single purpose that is not opened to the public and is under the control of the host/hostess rather than the proprietor/manager, such as a wedding reception.
- PUBLIC PLACE
- Any building or facility owned, leased, operated or occupied by the municipality, including school building, or grounds; any enclosed area open to the general public, including, but not limited to, retail stores, retail food stores, libraries, museums, theaters, banks, Laundromats, indoor sports arenas, auditoriums, inn/hotel/motel lobbies, private and public educational facilities, shopping malls, common areas of residential buildings, public restrooms, lobbies, staircases, halls, exits, entranceways, elevators accessible to the public and licensed child-care locations.
- PUBLIC SOCIAL FUNCTION
- A social gathering that is open to the general public and is not associated with membership.
- PUBLIC TRANSPORTATION VEHICLE
- Buses, taxis, and other means of transportation available to the general public while such means of transportation is operating within the boundaries of the Town, including indoor platforms by which such means of transportation may be accessed.
- Any coffee shop, cafeteria, sandwich stand, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere; including catering facilities.
- Inhaling, exhaling, burning, or carrying any lighted tobacco product in any form.
- TOBACCO PRODUCT
- Any product containing tobacco, including but not limited to cigarettes, cigars, chewing tobacco, snuff, pipe tobacco and smokeless tobacco.
- The Town of Barre.
No person shall smoke nor shall any person, employer, or business agent having control of the premises upon which smoking is prohibited by this regulation, or the business agent or designees of such person, permit a person to smoke in any of the following places as defined herein:
Any municipal building or vehicles, including but not limited to police, fire and DPW vehicles owned by or under the control of the Town of Barre, and vehicles that are assigned to departments in the Town Hall. Smoking is also prohibited within 10 feet of any entrance of a public building.
Buses, taxicabs, and other means of public transit under the authority of the Town, and ticket, boarding, and waiting areas of public transit depots.
Elevators and restrooms under the control of the Town of Barre.
Indoor service lines such as any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
Laundromats, hairdressing, barbershop and beauty salon facilities, and gas stations.
Public areas of aquariums, galleries, libraries, sports arenas, bowling alleys, arcades and museums that are open to the public.
Any facility that is primarily used for exhibiting any motion picture, stage, drama, lecture, or musical except where smoking is part of the production.
Every room, chamber, place of meeting or public assembly, including public school buildings and public school grounds, under the control of any board, council, commission, committee, including joint committees, or agencies of the Town or any political subdivision of the commonwealth during such time as public meeting is in progress, to the extent such place is subject to the jurisdiction of the Town.
Waiting rooms, hallways, wards, and semiprivate rooms of health-care facilities, including but not limited to hospitals, clinics, physical therapy facilities, massage therapy, doctors' offices, and dentists' offices.
Lobbies, hallways, and other common areas in retirement facilities and nursing homes. Smoking is only permitted in specially designated areas that are not the common areas listed above.
All day-care and child-care facilities including private residences during hours of operation when being used as day-care or child-care facilities.
Public and common areas of hotels, motels and bed-and-breakfasts. Hotels, motels, and bed-and-breakfasts must set aside permanent nonsmoking guest rooms.
Public areas of places of employment.
Private clubs when being used for a function to which the general public is invited.
Houses of worship.
Schools. (MGL c. 71, § 2A)
Notwithstanding any other provision of this section, any owner, operator, manager, or other person who controls any establishment or facility may declare the entire establishment or facility and grounds as a nonsmoking establishment.
Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this regulation:
Private clubs, except when such clubs are being used for a function to which the general public is invited.
Private residences, except during the time when used as child-care or health-care facilities, as regulated by the State of Massachusetts and the Barre Board of Health.
Nonenclosed outdoor spaces such as sidewalks, streets, and parks.
Private businesses and worksites that are not open to the general public.
Unless prohibited elsewhere, this prohibition does not apply in cases in which an entire facility or hall is used for a private social function or when the establishment is in use and persons under 18 years of age are not permitted. If a party requests a nonsmoking environment, the proprietor of the facility must assure that the air be filtered sufficiently between private social functions by utilizing existing means of ventilation.
Notwithstanding any other provision of this section, any owner, operator, manager, or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment.
"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) shall be clearly, sufficiently, and conspicuously posted in every building or other place where smoking is regulated, by the owner, operator, manager, or other person having control of such building or other place. One sign must appear at each public entrance.
Students, faculty, staff and visitors are prohibited from smoking on school grounds and property.
No person shall allow another individual or individuals to smoke in any area where smoking is prohibited by these regulations.
Any person who violates this regulation shall be subject to a warning for the first offense within one year, a fine of $100 for a second violation within one year of the date of the current offense, a fine of $200 for a third violation within one year of the date of the current offense, and a fine of $300 for a fourth or subsequent offense within one year of the date of the current offense.
The Board of Health and/or its designee shall enforce this regulation. One method of enforcement shall be periodic unannounced inspections of those establishments subject to this regulation.
Any citizen who desires to register a complaint of noncompliance with these regulations may do so with the Board of Health.