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2001-Annual Town Report
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2001-Annual Town Report
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Annual_Town_Report
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Annual Town Report
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2001
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i <br /> l <br /> 2 of this chapter is posted. No person shall remove a shall inure to the Town of Mashpee for such use as the A <br /> sign posted under the authority of Section 2 of this Town may direct. <br /> chapter. Each day on which any violation exists shall be B <br /> Section 4. Exceptions. deemed to be a separate offense. tt <br /> Notwithstanding the provision of Section 3, smoking Section 7. Severability. <br /> may be permitted in the following places and/or cir- P <br /> If any paragraph or provision of this chapter is found ti <br /> F <br /> cumstances: to be illegal or against public policy or unconstitu tl <br /> Private residences, except those portions used as a tional, it shall not affect the legality of any remaining f <br /> child care or health care office when operating as such. paragraphs or provisions. v <br /> Hotel and motel rooms rented to guests that are desig- Section 8. Other Applicable Laws. r. <br /> 1 <br /> nated as smoking rooms. This chapter shall not be interpreted or construed to a <br /> Private or semi-private rooms of nursing homes and permit smoking where it is otherwise restricted by <br /> long term care facilities, occupied by one (1) or more other applicable health, safety or fire codes, regula- <br /> patients, which are separately ventilated and all of tions or statutes. <br /> whom are smokers who have requested in writing to t <br /> Section 9. Effective Date. <br /> be placed in rooms where smoking is permitted. <br /> This chapter will be effective on September 1, 2001 or � <br /> Retail tobacco stores, which are solely for the sale of E <br /> thirty(30)days from the date of approval by the Office <br /> tobacco products, prohibit minors from entering the of the Attorney General of the Commonwealth of <br /> establishment, and which are not required to possess a Massachusetts, whichever date is the later. <br /> retail food permit. <br /> j or to take any other action relating thereto. <br /> Section 5. Violations. <br /> It shall be a violation for any employer or other person Submitted by Petition <br /> having control of the premises upon which smoking is Motion made to dispense with reading of article. <br /> prohibited by this chapter, or the agent or designee of Motion to dispense with reading of article passes at <br /> such person to permit a violation of this chapter. 10:43 p.m. <br /> It shall be a violation for any person to smoke in any Motion made by Petitioner. <br /> area where smoking is prohibited by the provisions of <br /> this chapter. Motion made to amend made at 10:51p.m. <br /> Any person who violates any provision of this chapter Motion to indefinitely postpone passes at 10:51 p.m. <br /> shall be subject to a fine of fifty ($50.00) dollars for Motion made to reconsider article 34 made. <br /> the first violation, one hundred ($100.00) dollars for <br /> the second violation, and two hundred ($200.00) dol- Motion to reconsider article 34 defeated at 10:53 p.m. <br /> lars for a third or subsequent violations during any one ARTICLE 35 <br /> calendar year. <br /> Section 6. Enforcement. To see if the Town will vote to raise and appropriate or <br /> transfer from available funds the sum of$300,000 to <br /> The Mashpee Board of Health or its agent shall the Mashpee River Dredging Account to fund dredg- <br /> enforce this chapter. ing and dredge spoil disposal activities for the <br /> One method of enforcement may be periodic, unan- Mashpee River. <br /> nounced inspections of those establishments subject to Submitted by Petition <br /> these regulations. <br /> Explanation: To provide Mashpee River dredge <br /> Any citizen who desires to register a complaint under funds in continuation and completion of the 1996 <br /> these regulations may do so by contacting the Town Meeting Approved Dredge Permit Funding. <br /> Mashpee Board of Health. Motion made by Petitioner. <br /> Whoever violates any provision of this chapter, the Motion made to indefinitely postpone made. <br /> violation of which is subject to a specific penalty,may <br /> be penalized by the non-criminal method of disposi- Motion to indefinitely postpone passes at 10:52 p.m• <br /> tion as provided in Mass. General Laws, Chapter 40, <br /> Section 21D or by filing a criminal complaint. Any <br /> fines imposed under the provisions of this chapter <br /> 64 _ <br />
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