[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 (This article superseded former Ch. 306, Smoking, adopted by the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.
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.
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.
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.
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.
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.
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.
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.
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.
A social gathering that is open to the general public and
is not associated with membership.
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.
Any product containing tobacco, including but not limited
to cigarettes, cigars, chewing tobacco, snuff, pipe tobacco and smokeless
tobacco.
The Town of Barre.
A.
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:
(1)
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.
(2)
Buses, taxicabs, and other means of public transit under the authority
of the Town, and ticket, boarding, and waiting areas of public transit
depots.
(3)
Elevators and restrooms under the control of the Town of Barre.
(4)
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.
(5)
Retail stores.
(6)
Laundromats, hairdressing, barbershop and beauty salon facilities,
and gas stations.
(7)
Public areas of aquariums, galleries, libraries, sports arenas, bowling
alleys, arcades and museums that are open to the public.
(8)
Any facility that is primarily used for exhibiting any motion picture,
stage, drama, lecture, or musical except where smoking is part of
the production.
(9)
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.
(10)
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.
(11)
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.
(12)
Polling places.
(13)
All day-care and child-care facilities including private residences
during hours of operation when being used as day-care or child-care
facilities.
(14)
Public and common areas of hotels, motels and bed-and-breakfasts.
Hotels, motels, and bed-and-breakfasts must set aside permanent nonsmoking
guest rooms.
(15)
Public areas of places of employment.
(16)
Private clubs when being used for a function to which the general
public is invited.
(17)
Houses of worship.
(18)
Restaurants.
(19)
Bars.
(20)
Schools. (MGL c. 71, § 2A)
B.
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.
A.
Notwithstanding any other provision of this chapter to the contrary,
the following areas shall not be subject to the smoking restrictions
of this regulation:
(1)
Private clubs, except when such clubs are being used for a function
to which the general public is invited.
(2)
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.
(3)
Nonenclosed outdoor spaces such as sidewalks, streets, and parks.
(4)
Private businesses and worksites that are not open to the general
public.
B.
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.
C.
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.
A.
No person shall allow another individual or individuals to smoke
in any area where smoking is prohibited by these regulations.
B.
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.
A.
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.
B.
Any citizen who desires to register a complaint of noncompliance
with these regulations may do so with the Board of Health.
