[HISTORY: Adopted by the Town of Greenfield as indicated
in article histories. Amendments noted where applicable.]
[Adopted 1-19-2011 by Order No. FY 11-053 (Ch. 151 of the 2002 Bylaws)]
The purpose of this article is to protect the heath and safety
of the residents of Greenfield from secondhand smoke, particularly
minor children and adults within certain areas designated for their
use by said minor children, and public events and gatherings of the
Town's inhabitants.
As used in this article, the following terms shall have the
meanings indicated:
A fence, mulched bed, landscape timber or any other device
used to delineate a playground from surrounding land.
The sand bank located on the south side of the Green River
from the footbridge going to the west upriver located at the swimming
pool.
The recreation area owned by the Town of Greenfield located
on Nash's Mills Road.
Any person not having attained the age of majority (18).
Any building owned, leased, rented, or otherwise occupied
for the purpose of housing any employee or office of the Town of Greenfield.
Any land or open space owned, leased, rented or otherwise
under the control of the Town of Greenfield.
The post-and-beam pavilion located at the Greenfield swimming
pool.
Any structure made for use by a minor child.
The area on which is located any play structure or device
made for the sole use of any minor child, out to, and including, any
barrier device.
The lighting of any cigar, cigarette, pipe or tobacco product,
hookah, marijuana, or any other substance inhaled into the body, or
having possession of any lighted cigar, cigarette, pipe or other tobacco
product, hookah, marijuana, or any other substance.
Any field owned, leased, rented, or otherwise in use by the
municipality, delineated for use for a particular sports game, out
to, and including, any barrier device.
No person or persons shall smoke in any of the following areas:
A.
Within any municipal building.
B.
Within 25 feet of any entrance to a municipal building.
C.
On or within 100 feet of any playground located on any municipal
lands.
D.
On or within 100 feet of any sports field while in use by any person
or persons.
E.
On or within 25 feet of the beach located at the Greenfield swimming
pool.
F.
Under or within 25 feet of the Greenfield swimming pool pavilion.
H.
Within the boundaries of the area known as "Shattuck Park."
The Town of Greenfield, through its Parks Maintenance Department,
will post signs conspicuously at each entrance of each municipal building
and municipal lands to alert any person or persons using said building
or land of the smoking restrictions thereon.
A.
Any person who violates this article by smoking where smoking is
prohibited shall be subject to a written warning for a first offense.
Any person who violates this article in a second or subsequent offense
shall be subject to a civil fine of $150. Each day during which a
violation of this article occurs shall be considered a separate violation.
B.
Fines assessed pursuant to this section shall be payable to the Town
of Greenfield. The Police Department and/or Board of Health, through
its inspectors, shall enforce this article through noncriminal disposition.
[Adopted as amended 8-17-2011 by Order No. FY 12-006 (Ch. 182 of the 2002 Bylaws)]
As used in this article, the following terms shall have the
meanings indicated:
The lighting of any cigar, cigarette, pipe or tobacco product,
hookah, marijuana, or any other substance inhaled into the body, or
having possession of any lighted cigar, cigarette, pipe or other tobacco
product, hookah, marijuana, or any other substance.
No person shall smoke in the space known as "Veterans Mall,"
located in front of the Town Hall Annex at 253 Main Street in Greenfield,
including the sidewalks and alleyway immediately bordering this area.
The Trustees of the Soldiers Memorial for the Town of Greenfield
shall post conspicuously a notice at each entrance indicating that
smoking is prohibited in this area.
A.
Any person who violates this article by smoking where smoking is
prohibited shall be subject to a civil fine not exceeding $25 for
a first offense. Any person who violates this article in a second
or subsequent offense shall be subject to a civil fine of $100. Each
day during which a violation of this article occurs shall be considered
a separate violation.
B.
Fines assessed pursuant to this section shall be payable to the Town
of Greenfield. The Police Department and/or Board of Health, through
its inspectors, shall enforce this article through noncriminal disposition.
The Town of Greenfield will establish a fund for the disposition
of revenues received from fines levied in accordance with the provisions
of this article. Said fund shall be expended under the authority of
the Mayor for the purpose of public education on the hazards posed
by secondhand smoke, also known as "environmental tobacco smoke,"
or for the maintenance of the Veterans Mall area.
