Town of Lynnfield, MA Chapter 200 Smoking

[HISTORY: Adopted by the Town Meeting of the Town of Lynnfield 10-15-1984 ATM (Ch. 5, § 26, of the Bylaws). Amendments noted where applicable.]

§ 200-1 Definitions.

As used in this bylaw, the following terms shall have the meanings indicated:

RESTAURANT

A restaurant with a seating capacity of 100 or more persons.

SMOKING

The lighting of or the having in one's possession of any lighted cigar, cigarette, pipe or other tobacco product.

§ 200-2 Smoking in restaurants prohibited; exception.

No person shall smoke in any restaurant except in specifically designated smoking areas. This prohibition does not apply in cases in which an entire room or hall is used for a private social function and seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the restaurant.

§ 200-3 Smoking areas.

Smoking areas may be designated by proprietors or other persons in charge of restaurants, except in places in which smoking is prohibited by the Fire Marshal or by other law or regulation. Smoking areas designated by proprietors or other persons in charge of restaurants shall comprise no more than 75% of the seating capacity of the restaurant. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke on persons in adjacent no-smoking areas in the case of restaurants consisting of a single room. The provisions of the bylaw shall be considered met if one side of the room is reserved and posted as a no-smoking area, provided that the no-smoking area comprises no less than 25% of the seating capacity of the restaurant.

§ 200-4 Enforcement by proprietors.

The proprietor or other person in charge of a restaurant shall make reasonable efforts to prevent smoking in the no-smoking areas of the restaurant by:

A. Posting appropriate signs;

B. Arranging seating to provide a smoke-free area;

C. Asking smokers to refrain from smoking upon request of a client or employee suffering discomfort from the smoke; or

D. Any other means which may be appropriate.

§ 200-5 Rules and regulations.

The Board of Health shall adopt rules and regulations necessary and reason able to implement the provisions of this bylaw.

§ 200-6 Violations and penalties.

Any person who smokes in a no-smoking area shall be subject to a fine in accordance with Chapter 58, Penalties and Enforcement.

§ 200-7 Injunctive relief.

The Board of Health or any person aggrieved by the willful failure of the proprietor or other person in charge of a restaurant to comply with any provision of this bylaw shall be entitled to injunctive relief in any court of competent jurisdiction against such proprietor or other person in charge of a restaurant.

§ 200-8 Effect on other prohibitions.

Nothing in this bylaw shall make lawful smoking in any area in which smoking is or may hereafter be prohibited by law.