[HISTORY: Adopted by the Town of Nantucket as indicated in
article histories. Amendments noted where applicable.]
TOWN CODE REFERENCES
[Adopted by the Board of Health 3-31-1999[1]]
[1]
Editor's Note: The Board of Health approved the codification
of its regulations, as revised, 6-16-2022.
A.
The 1986 Surgeon General's Report on "Health Consequences of Involuntary
Smoking" clearly documents that nonsmokers are placed at risk for
developing disease as a result of exposure to environmental tobacco
smoke, or secondhand smoke. In 1993, the Environmental Protection
Agency classified environmental tobacco smoke as a known carcinogen.
Numerous studies have found that tobacco smoke is a major contributor
to indoor air pollution, and that breathing secondhand smoke is a
cause of disease, including lung cancer, in nonsmokers.
B.
Exposure to environmental tobacco smoke presents a serious and substantial
public health risk. Of particular concern is the workplace environment
of nonsmokers, where they may be subjected to sustained, involuntary
exposure. At special risk are children, the elderly, individuals with
cardiovascular disease, and individuals with impaired respiratory
function, including asthmatics and those with obstructive airway disease.
C.
Studies have shown that vending machines afford an opportunity for
unauthorized sale of cigarettes to minors. Evidence further demonstrates
that tobacco is extremely addictive. Approximately 80% of all smokers
begin smoking before age 18 and more than 3,000 young people begin
smoking every day in this nation.
The Town of Nantucket, pursuant to MGL c. 111, § 31,
adopts these regulations as reasonable health regulations designed
to protect and improve the health of its residents.
As used in these regulations, the following terms shall have
the meanings indicated:
An establishment with or without a food service license,
devoted primarily to serving alcoholic beverages for consumption by
guests on the premises, in which the consumption of food is incidental
only to the consumption of such beverages.
A person who performs services for wages or other consideration.
A person, partnership, association, corporation, company
or other organized group, including the County/Town of Nantucket and
any department or agency thereof, and any municipal entity, which
utilizes the services of two or more employees.
An establishment having one or more seats at which food is
served to the public that is a covered area or located within a permanent
structure.
A separate, enclosed room used for private functions within
a food service establishment.
A person under 18 years of age.
An enclosed, indoor area that is open to and used by the
general public, including and not limited to the following facilities:
licensed child-care facilities; educational facilities; clinics; nursing
homes; all elevators, stairwells, halls, lobbies and entranceways
accessible to the public; bars or lounges; common areas (not including
actual sleeping quarters) of guest houses, bed-and-breakfasts, inns,
hotels and motels; food service establishments; public rest rooms;
laundromats; hair salons, barbershops; libraries; municipal buildings;
museums; retail food establishments; indoor sports arenas; enclosed
shopping malls; theaters; auditoriums; public transit facilities;
and, any function rooms/halls when used for public meetings or public
social functions. A function room/hall used for a private social function,
in which the sponsor of the private function and not the owner or
proprietor has control over the seating arrangements, shall not be
construed as a public place.
The lighting of or having in one's possession any lighted
cigarette, cigar, pipe, marijuana delivery product, tobacco product,
or any other matter or substance that contains tobacco, nicotine or
marijuana. The term "smoking" shall also include using or having in
one's possession any activated nicotine delivery product.
Cigarettes, cigars, snuff, chewing tobacco or tobacco in
any of its forms.
A mechanical or electrical device which dispenses tobacco
products by self-service, with or without the assistance of a clerk
or operator.
A mechanical or electrical device or system capable of removing
contaminated air from an enclosed space at a rate of 60 cubic feet
per minute.
Any area within a structure or portion thereof in which two
or more employees perform services for their employer. It also includes
employee lounges, rest rooms, dining areas, conference rooms, hallways,
stairways, and entranceways.
Smoking shall be prohibited in all public places (as defined in § 345-3) as of March 1, 1997.
Smoking shall be prohibited in all food service establishments and bars or lounges as defined in § 345-3, Definitions, as of January 2, 2000.
A.
It shall be unlawful for any person to smoke in any workplace except in specifically designated smoking areas as described in Subsection B.
B.
Each employer may specifically designate enclosed areas in which
employees may smoke; provided, however, that comparable nonsmoking
areas of adequate size and capacity are available; and provided, further,
that physical barriers and separate ventilation systems, vented directly
to the outside, are used to segregate smoking areas from nonsmoking
areas.
(1)
Smoking areas shall be such that smoke is not able to migrate into nonsmoking areas. Common areas, including hallways, elevators, entranceways, stairwells, rest rooms, and waiting areas listed in § 345-3, may not be designated as smoking areas. Areas designated as smoking and nonsmoking must be conspicuously marked.
(2)
Plans of the design of the ventilation system and the maintenance
schedule for the designated smoking area must be approved by the Nantucket
Board of Health. Said ventilation system shall provide a minimum ventilation
rate of 60 cubic feet per minute. Annual inspection by a qualified
HVAC contractor or otherwise qualified professional approved by the
Nantucket Board of Health shall be required to assure satisfactory
compliance with ventilation requirements. This annual report must
be submitted to the Nantucket Health Department in writing prior to
the issuance or renewal of any permit or license.
C.
Each person having control of premises upon which smoking is prohibited
by this regulation shall not knowingly permit a violation of this
regulation.
Every person having control of a premises where smoking is prohibited
by this regulation shall conspicuously display on the premises, including
the primary entrance doorways, signs reading "Smoking prohibited by
law." Posting of the international symbol for "no smoking" (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a red bar across it) shall be deemed as compliance.
The owner of a bar or lounge may apply to the Board of Health
for the variance of the prohibition of smoking in each bar or lounge.
Application shall be made in writing to the Board of Health, stating
the reasons and justification for the request. The Board of Health
shall conduct a public hearing on the request, at which time the owner
or operator shall present the request and the basis for the request.
The Board of Health may grant the requested variance, provided the
bar or lounge is equipped with a ventilation system as defined herein.
A.
Permit. To monitor compliance of the sale of tobacco products, permits
will be issued. No person, firm, corporation, establishment or agency
shall sell tobacco products within the Town of Nantucket without a
valid tobacco sales permit issued by the Board of Health. Permits
must be posted in a manner conspicuous to the public. Tobacco sales
permits must be renewed annually at a time and fee set forth by the
Board of Health.
B.
Sales to minors. In conformance with MGL c. 270, § 6, no
person, firm, corporation, establishment, or agency shall sell tobacco
products to a minor. Each employee working in an establishment licensed
to sell tobacco products shall be required to read the Board of Health
regulations and state laws regarding the sale of tobacco, and sign
a form indicating that such regulations/laws have been read and understood,
a copy of which must be placed on file in the office of the employer
and retained. Such signed forms must be made available for inspection
during the license holder's normal business hours upon request of
the agent of the Board of Health.
C.
Distribution of tobacco products. No person, firm, corporation, establishment,
or agency shall distribute tobacco products free of charge or in connection
with a commercial or promotional endeavor within the Town of Nantucket.
Such endeavors include, but are not limited to, product "giveaways"
or distribution of a tobacco product as an incentive, prize, award,
or bonus in a game, contest, or tournament involving skill or chance.
Such restrictions shall not apply to use of coupons from magazines,
newspapers, periodicals or attached to packaging. All distributors/retailers
of tobacco products or tobacco merchandise must require that the customer
present a valid state-issued picture identification card or driver's
license with appropriate photograph to confirm that the customer is
of a legal age to purchase the tobacco products.
D.
Restrictions on self-service (freestanding) tobacco displays. It
has been shown that self-service (freestanding) tobacco displays encourage
illegal activity by youth and provide youth with easier access to
tobacco products. Therefore, tobacco products on freestanding displays
in retail locations, where a tobacco product may be selected by the
customer, shall be restricted in the following manner:
(1)
Self-service (freestanding) displays shall be permitted only on a
checkout counter/register, in full view of a clerk and at a distance
of no more than five feet from the clerk.
(2)
No floor displays shall be permitted.
(3)
If a checkout counter/register is not staffed, the tobacco products
must be in an enclosed, locked case or otherwise inaccessible for
self-service.
B.
Any person who knowingly violates any provision of this regulation,
or who smokes in a municipal area subject to regulation in which a
"Smoking Prohibited by Law" sign or its equivalent is conspicuously
displayed, shall be punished by a fine of up to $50 for each offense.
C.
Any proprietor(s) or other person(s) in charge of a public place
or workplace, including municipal entities, who fails to comply with
these regulations shall be subject to the following actions for each
offense:
(1)
A warning shall be issued for a first offense. A fine of up to $100
may be issued for a second offense, up to $200 for a third offense,
up to $300 for a fourth offense, and up to $300 for any subsequent
offense; and
(2)
Following the second offense, the Board of Health may, after a public
hearing, suspend any license for that public place for a period of
up to two days for each day of noncompliance, or withhold renewal
of the license. Following a third offense, the Board of Health may
suspend an existing permit/license for a period of time determined
by the Board of Health until compliance is achieved.
D.
Persons, firms, corporations, or agencies selling tobacco products
to minors or selling tobacco products without a tobacco sales permit
shall be punished by a fine of not more than $300 per day for each
day of such violation and/or suspension of the tobacco sales permit.
E.
In addition to the remedies provided by Subsections B, C, and D above, the Board of Health or any person aggrieved by the failure of the proprietor or other person in charge of a public place or workplace to comply with any provision of this regulation may apply for injunctive relief to enforce the provisions of this section in any court of competent jurisdiction.
If any provision of these regulations is declared invalid or
unenforceable, the other provisions shall not be affected thereby
but shall continue in full force and effect.
These regulations shall be effective as of April 1, 1999.
[Adopted by the Board of Health 5-21-2015[1]]
[1]
Editor's Note: The Board of Health approved the codification
of its regulations 6-16-2022.
A.
There exists conclusive evidence that tobacco, nicotine and marijuana
products cause cancer, respiratory disease, various cardiac problems,
allergies and irritations to the eyes, oral and nasal cavities and
are hazardous to persons with compromised immune systems, children
and pregnant women. This has been proven for users, nonusers and employees
who are exposed to such products; and the Town of Nantucket's Board
of Health has engaged in continuing efforts to keep Nantucket beaches
and recreation areas clean, so as to promote the health, safety, and
enjoyment of all individuals.
B.
In light of these concerns and to protect public health, safety and
welfare, the Town of Nantucket Board of Health hereby enacts this
regulation to prohibit smoking and the use of tobacco products on
all Town-owned recreation areas, including all public beaches, playgrounds,
parks, and adjacent parking areas.
This regulation is adopted by the Town of Nantucket Board of
Health as authorized by MGL c. 111, § 31.
As used in these regulations, the following terms shall have
the meanings indicated:
As defined in MGL c. 94C, § 1.
Any device or material of any kind used to inhale marijuana,
including but not limited to the items defined as "drug paraphernalia"
in MGL c. 94C, § 1.
Any device or material of any kind used to inhale nicotine,
including but not limited to e-cigarettes, e-cigars and e-pipes.
Any property which is owned by the Town of Nantucket and
which is open to use by the public for recreational purposes, including
but not limited to beaches, parks, playgrounds and all parking areas
and structures used in connection therewith.
The lighting of or having in one's possession any lighted
cigarette, cigar, pipe, marijuana delivery product, tobacco product,
or any other matter or substance that contains tobacco, nicotine or
marijuana. The term "smoking" shall also include using or having in
one's possession an activated nicotine delivery product.
Any product containing tobacco, including but not limited
to cigarettes, cigars, pipes, chewing tobacco and snuff.
Smoking and the use of any tobacco product on or in any recreation
area is prohibited, unless the person is sitting in a parked motor
vehicle.
A.
Noncriminal disposition.
(1)
This regulation may be enforced by the Town of Nantucket enforcement
personnel, including, but not limited to, seasonal enforcement officers,
police, health, marine, and natural resources individuals.
(2)
Whoever violates any provision of this regulation may be penalized
by a noncriminal disposition process as provided in MGL c. 40, § 21D
and the Town's noncriminal disposition bylaw.[1] If noncriminal disposition is elected, then any person
who violates any provision of this regulation shall be subject to
the following penalties:
B.
Criminal disposition. Whoever violates any provision of this regulation
may be penalized by indictment or on complaint brought in District
Court. Except as may be otherwise provided by law and as the District
Court may see fit to impose, the maximum penalty for each violation
or offense shall be $300.
C.
Permit suspension or revocation. The Town may suspend or revoke any
Town of Nantucket beach permit issued for any violation of this regulation.
Such revocation or suspension may take place after a hearing held
by the Board of Health of which the permit holder is given seven days'
written notice. Such notice shall be deemed given upon mailing same,
certified mail, return receipt requested, to the address listed on
the permit application.
D.
Other remedies. The Board of Health may enforce this regulation or
enjoin violations thereof through any lawful process, and the election
of one remedy by the Board of Health shall not preclude enforcement
through any other lawful means.
E.
Any penalty imposed under this regulation for the possession of marijuana
shall be in addition to any civil penalty that may be imposed pursuant
to MGL c. 94C, § 32L.
This regulation shall be effective May 31 through September
30 of each year.
