[Adopted 9-27-2004]
A.
Conclusive evidence exists that tobacco use is a leading
public health problem in the Town of Dalton and throughout the United
States; tobacco use causes cancer, respiratory diseases, various cardiac
diseases, negative birth outcomes, allergies and irritations to the
eyes, nose and throat of the smoker and nonsmoker exposed to secondhand
smoke; more than 80% of all smokers begin smoking before the age of
18; and more than 3,000 people begin smoking everyday in the United
States; and
B.
The United States Department of Health and Human Services
concluded that nicotine is as addictive as cocaine or heroine; and
C.
The Commonwealth of Massachusetts, by MGL c. 270,
§ 6, has prohibited the sale or distribution of tobacco
as defined in said statute, to any person under the age of 18; and
D.
The Dalton Board of Health recognizes the need to
curtail the use of tobacco products by minors, and therefore enacts
the following regulations.
The Dalton 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 chapter, the following terms
shall have the meanings indicated:
Person(s) under 18 years of age.
Cigarettes, cigars, chewing tobacco, snuff or any other form
of tobacco, as defined by MGL c. 270, § 6.
No minor may be in possession of a tobacco product
on public property within the Town of Dalton.
The enforcing official:
A.
In the case of a first violation, may notify the parent(s)
or legal guardian(s) of the minor's infraction of this regulation
and shall confiscate the tobacco product and issue a citation for
such violation. If the violator is 16 years or younger, said violation
shall be delivered to the violator's parents or guardian. A record
of such violation shall be reported and logged with the Dalton Police
Department, which shall maintain a record of all violations of this
regulation.
B.
In the case of a second violation, shall notify the parent(s) or legal guardian(s) of the minor's infraction of this regulation and shall confiscate the tobacco product and issue a citation pursuant to § 605-17 of this article. If the violator is 16 years or younger, said violation shall be delivered to the violator's parents or guardian. A record of such violations shall be reported and logged with the Dalton Police Department, which shall maintain a record of all violations of this regulation.
C.
In the case of a third or subsequent violation, shall notify the parent(s) or legal guardian(s) of the minor's infraction of this regulation, shall confiscate the tobacco product and issue a citation for such violation pursuant to Article I and § 605-17 of this article. If the violator is 16 years or younger, said violation shall be delivered to the violator's parents or guardian. A record of such violation shall be reported and logged with the Dalton Police Department, which shall maintain a record of all violations of this regulation.
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, or by the filing of a criminal complaint in the appropriate
jurisdiction and venue. Any party aggrieved by confiscation of any
tobacco product may appeal the confiscation to the Board of Health
within 10 day of the confiscation. The Board of Health may hold a
hearing on the appeal within 30 days.
The Board of Health, its members acting individually,
the health agent, and the Town of Dalton Police Chief or designee
are authorized to enforce this regulation.
