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Town of Plainville, MA
Norfolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Smoking — See Ch. 704.
[Adopted 2-26-1999 as Section 13 of the Plainville Board of Health Regulations]
A. 
Whereas conclusive evidence exists that tobacco use among minors is a leading public health problem in the Town of Plainville and throughout the United States; tobacco use causes cancer, respiratory diseases, various cardiac diseases and low birth weight; smokers and nonsmokers exposed to secondhand smoke have experienced allergies and irritations to the eyes, nose and throat.
B. 
More than 80% of all smokers begin smoking before the age of 18 and more than 3,000 people begin smoking every day in the United States. In addition, the United States Department of Health and Human Services concluded that nicotine is as addictive as cocaine or heroin.
C. 
As a result, the Town of Plainville recognizes the need to curtail the use of tobacco products by minors, and therefore, enacts the following regulations.
The Board of Health, pursuant to the authority granted under MGL c. 111, § 31, hereby adopts the following regulation to protect the public health of the community.
As used in this article, the following terms shall have the meanings indicated:
MINOR(S)
Person(s) under 18 years of age.
PUBLIC PLACES
While on, in, or upon any public way to which the public has access; any public park, playground, conservation area, cemetery, parking lot, municipal buildings and the grounds appurtenant thereto.
TOBACCO PRODUCTS
Cigarettes, cigars, chewing tobacco, snuff or any other form of tobacco.
No minor may be in possession of a tobacco product in any public place within the Town of Plainville. Notwithstanding, the foregoing minors may handle tobacco products as an incident of their employment or as an incident of conducting a routine compliance check on behalf of the federal, state and/or local government including, but not limited to, the Plainville Board of Health.
A. 
In the case of the first violation, as defined in § 736-4: confiscate all reasonably accessible tobacco products in the possession of the violator, notify the violator's parent(s) or legal guardian(s) of the infraction and write the violator a ticket for $25 payable to the Town of Plainville within 21 calendar days.
B. 
In the case of the second violation, as defined in § 736-4: confiscate all reasonably accessible tobacco products in the possession of the violator, notify the violator's parent(s) or legal guardian(s) of the infraction and write the violator a ticket for $50 payable to the Town of Plainville within 21 calendar days.
C. 
In the case of the third violation, and all subsequent offenses, as defined in § 736-4: confiscate all reasonably accessible tobacco products in the possession of the violator, notify the violator's parent(s) or legal guardian(s) of the infraction and write the violator a ticket for $100 payable to the Town of Plainville within 21 calendar days.
Whoever violates any provision of this regulation, the violation of which is subject to a specific penalty, may be penalized by the noncriminal method of disposition as provided in MGL c. 40, § 21D.
[1]
Editor's Note: See also Ch. 675, Penalties; Noncriminal Disposition Fine Schedule.
The Plainville Health Agent, and designated agents, Plainville Police Department and the Plainville School Principals, and Vice Principals of the Wood Elementary School and Anna Ware Jackson School and King Philip Superintendent and designated staff members shall be responsible for the enforcement of these regulations, associated fines, and implementation of available teen cessation programs. The Plainville Board of Health reserves the right to amend this regulation.
Upon publication: February 26, 1999.