05/07/2001 Annual Town Meeting - Laserfiche WebLink

Home Browse Search

Section 2. Notice of Prohibition. Every person having control of premises upon which smoking is prohibited by and under the authority of this chapter shall conspicuously display upon the premises "No Smoking" signs provided by the Massachusetts Department of Public Health and available from the Mashpee Board of Health. Section 3. Smoking Prohibited. No person shall smoke nor shall any person, employer, or other person having control of the premises upon which smoking is prohibited by this chapter, or the agent or designee of such person, permit a person to smoke in any of the following places as defined, herein: bars, health care facilities, public places,public transportation, restaurants, retail stores, and work places except as otherwise provided in Section 4 of this chapter. Additionally, no person shall smoke in any place in which a sign, conforming to the requirement of Section 2 of this chapter is posted. No person,shall remove a sign posted under the authority of Section,2 of this chapter. Section 4. Exceptions. Notwithstanding the provision of Section 3, smoking may be permitted in the following places and/or circumstances: Private residences, except those portions used as a child care or health care office when operating as such. Hotel and motel rooms rented to guests that are designated as smoking rooms. Private or semi-private rooms of nursing homes, and long term care facilities, occupied by one (1) or more patients, which are separately ventilated and all of whom are smokers who have requested in writing to be placed in rooms where smoking is permitted. Retail tobacco stores, which are solely for the sale of tobacco products, prohibit minors from entering the establishment, and which are not required to possess a retail food permit. Section 5. Violations. It shall be a violation for any employer or other person having control of the premises upon which smoking is prohibited by this chapter, or the agent or designee of such person to pen-nit a violation of this chapter. It shall be a violation for any person to smoke in any area where smoking is prohibitedby the provisions of this chapter. Any person who violates any provision of this chapter shall be subject to a fine of fifty($50�.00) dollars for the first violation, one hundred ($100.00) dollars for the second violation, and two hundred ($200.O�0) dollars for a third or subsequent violations during any one calendar year. Section 6. Enforcement. The Mashpee Board of Health or its agent shall enforce this chapter. One method of enforcement may be periodic, unannounced inspections of those establishments,subject to these regulations. Any citizen who desires, to register a complaint under these regulations may do so by contacting the Mas,hpee Board of Health. 36