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HomeMy WebLinkAbout2010 May 11 - Proposed Regulation Prohibiting Smoking in Membership Associations; Athol's Regulation REGULATION PROHIBITING SMOKING IN MEMBERSHIP ASSOCIATION IN YARMOUTH A. Statement of Purpose: Whereas conclusive evidence exists that tobacco smoke causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose and throat; and whereas, the harmful effects of tobacco smoke are not confined to smokers but also cause severe discomfort and illness to nonsmokers, and whereas environmental tobacco smoke (hereinafter ETS), which includes both exhaled smoke and the side stream smoke from burning tobacco products, causes the death of 53,000 Americans each year (McGinnis JM, Foege W, "Actual Causes of Death in the United States," JAMA 1993 270: 2207-2212); and whereas the U. S. Environmental Protection Agency classified secondhand smoke as a known human carcinogen and the International Agency for Research on Cancer (IARC) of the World Health Organization also classified secondhand smoke as a known human carcinogen (IARGWHO, 2002); now, therefore, the Board of Health of the Town of Yarmouth recognizes the right of those who wish to breathe smoke free air and establishes this regulation to protect and improve the public health and welfare by prohibiting smoking in membership associations. B. Authority: This regulation is promulgated under the authority granted to the Yarmouth Board of Health under Massachusetts General Laws, Chapter 111, Section 31 that "boards of health may make reasonable health regulations." It is also promulgated pursuant to Massachusetts General Laws Chapter 270, Section 22(2)(j) which states in part that "nothing in this section shall permit smoking in an area in which smoking is or may hereafter be prohibited by law including, without limitation: any other law or ...health...regulation. Nothing in this section shall preempt further limitation of smoking by the commonwealth...or political subdivision of the commonwealth." C. Definitions: For the purposes of this regulation, the following words shall have the meanings respectively ascribed to them by this paxagraph: Business Agent: An individual who has been designated by the owner or operator of any membership association to be the manager or otherwise in charge of said membership association. Enclosed: A space bounded by walls,with or without windows or fenestrations, continuous from floor to ceiling and enclosed by one or more doors, including, but not limited to, an office function room or hallway. Membership association (also known as a private club): A not-for profit entity that has been established and operates, for a charitable, philanthropic, civic, social, benevolent, educational, religious, athletic, recreation or similar purpose, and is comprised of inembers who collectively belong to: (i) a society, organization or association of a fraternal nature that operates under the lodge system, and having one or more affiliated chapters or branches incorporated in any state; or (ii) a corporation organized under chapter 180; or (iii) an established religious place of worship or instruction in the commonwealth whose real or personal property is exempt from taxation; or(iv) a veterans' organization incorporated or chartered by the Congress of the United States, or otherwise, having one or more affiliated chapters or branches incorporated in any state. Except for a religious place of worship or instruction, an entity shall not be a membership association for the purpose of this definition, unless individual membership containing not less than full membership costs and benefits is required for all members of the association for a period of not less than 90 days. Page 1 Person: Any individual, firm, partnership, association, corporation, company or organization of any kind including, but not limited to an owner, operator, manager, proprietor or person in charge of any building, establishment, business, or restaurant or retail store, or the business agents or designees of any of the foregoing. "Smoking" or "smoke": The lighting of a cigar, cigarette, pipe or other tobacco product or possessing a lighted cigar, cigarette,pipe or other tobacco or non-tobacco product designed to be combusted and inhaled. D. Smoking Prohibited: 1. Smoking is prohibited in the enclosed areas of inembership associations, also known as private clubs. 2. It shall be unlawful for any person having control of the premises upon which smoking is prohibited by this regulation, or the business agent or designee of such membership association, to permit a violation of this regulation. 3. Smoking is prohibited within eight feet of any entrance to any workplace. E. Posting Notice of Prohibition: Every membership association in which smoking is prohibited by and under the authority of this regulation shall conspicuously display in the premises "No Smoking" signs provided by the Massachusetts Department of Public Health and available from the Yarmouth Board of Health or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) and comparable in size to the sign provided by the Massachusetts Department of Public Health and available from the Yarmouth Board of Health. F. Violations: Any membership association, person having control of the premises, or its business agent who violates any provision of this regulation may be penalized by the non-criminal method of disposition as provided in Massachusetts General Laws, Chapter 40, Section 21 D or by filing a criminal complaint at the appropriate venue. It shall be the responsibility of the membership association, person having control of the premises, or its business agent to ensure compliance with all sections of this regulation. The violator shall receive: 1. First violation: a fine of one hundred dollars ($100.00). 2. Second violation within 24 months of the date of the first violation, a fine of two hundred dollars ( (200.00). 3. Three or more violations within 24 months of the current violation, including the current violation: a fine of three hundred dollars ($300.00). Page 2 G. Enforcement: This regulation shall be enforced by the Board of Health and its designees. One method of enforcement may be periodic, unannounced inspections of those establishments subject to this regulation. Any citizen who desires to register a complaint under this regulation may request that the Board of Health initiate an investigation. H. Non-Criminal Disposition: Whoever violates any provision of this regulation may be penalized by the non-criminal method of disposition as provided in Massachusetts General Laws, Chapter 40, Section 21 D or by filing a criminal complaint at the appropriate venue. Each day on which any violation exists shall be deemed to be a separate offense. Penalty: $100 for the first offense, $200 for the second offense within 24 months of the date of the first violation, $300 for the third or subsequent offense within 24 months of the current violation, including the current violation. Enforcing Persons: Yarmouth Board of Health and its designees. I. Severability: If any paragraph or provision of this regulation is found to be illegal or against public policy or unconstitutional, it shall not affect the legality of any remaining paragraphs or provisions. J. Conflict with Other Laws or Regulations: Notwithstanding the provisions of the foregoing Paragraph D of this regulation nothing in this regulation shall be deemed to amend or repeal applicable fire, health or other regulations so as to permit smoking in areas where it is prohibited by such fire, health or other regulations. K. Effective Date: This regulation shall be effective on Passed on the th day of in the year 20_. Page 3 �_._ ����Od�� Passed on November 9,2004,elfecWo Dacembcr 1,zoo�. MAY 1 12t110 HEAL I H ucr i�. REGULATION PROHIBITING SMOKING IN MEMBERSHIP ASSOCIATIONS IN ATHOL A, Statement of Purpose: Whereas conclusive evidence exists that tobacco smoke causes cancer, respiratory and cardiac diseases, negative biRh outcomes, irritations to the eyes, nose, and throa� and whereas the harmfui effects of tobacco smoke are not confined to smokers but also cause severe discomfort and illness to nansmokers; and whereas environmental tobacco smoke [hereinaRer ETSJ,which includes both exhaled smoke and the side sVeam srnoke from burning tobacco products, causes the death of 53,040 Americans each year(McGinnis JM, Foege W, "Actual Causes of Death in the United States°, JAMA 1993 270:2207-2212); and whereas the U.S. Environmentai Protection Agency classified secondhand smoke as a known human carcinvgen and the International Agency for Research on Cancer(IARC)of the World Health Organization also classified secondhand smoke as a known human carcinogen(IARC-WHO, 2002); now,therefore,the Board of Health of the town of Athof recognizes the right of those who wish to breathe smoke free air and establishes this regula�on to protect and improve the public hea(th and welfare by prohib�ng smoking in membership associations. B. Authority: This regulation is promulgated under the authority granted to the Athol Board of Health under Massachusetts General Laws Chapter 111, Section 31 that"boards of hea�h may make reasonable health regulations.° It is also promulgated pursuant to Massachusetts General Laws Chapter 270, Sec6on 22(2)(j)which states in part that"nothing in this secdon shall perrnit smoking in an area in which smoking is or may hereafter be prohibited by law including, without limitation: any other law or.,, health ... regulation. Nothing in this section shall preempt further limitation of smoking.by the cammonwealth ... or political subdivision of the commonwealth." C. D�nitions; For the purposes of this regulation,the following words shall have the meanings � respectively ascribed to them by this paragraph: Business Agent: An individual who has been designated by the owner or operator of any membership association to be the manager or otherwise in charge of said membership association. Enclosed: A space bounded by walls,with or without windows or fenestrations,continuous from floor to ceiling and enclosed by one or rnore doors,including, but not limited to, an office,function room.or hallway. Membership association (also known as a private ctub): A nvt-for-profit enti#y,hat has been established and operates, for a charitable, philanthropic,civic,social, benevolent, educational, re�igious, athletic, recreation or similar purpose, and is comprised of inembers who collectively belong to: (i)a society, organization or association of a fraternal nature that operates under the lodge system, and having one or more affiliated chapters or branches incorporated in any state;or (ii)a corporation organited under chapter 180;or(iii)an established religious place of worship or insbuction in the cammonwealth whose rea!or personal property is exempt from taxation;or(iv)a veterans'organiza6on incorporated or chartered by the Congress of the United States,or otherwise, having one or more affiliated chapters or branches incorporated in any state. Except for a religious place of worship or instruction, an e�ity shall not be a membership association for the Z'd 0B89SL�80S��Ol 98bZ-6bZ-8Z6 l�d3H �0 O�Id08 �OH1d�W0�1.� ZI�z0 0�0Z-9-JldW Passed on N ve o m6er Y,2004,elfecNve December 1Ir�DOI. purpose of this definition, unless indi�ridual membership containing not less than full membership costs and benefits is requi�ed for all r�embers of the association for a period of not less than 90 days. I, Person: Any individuai,firm, partner�hip, association,corporation, cornpany or Qrganization of any kind including, but not limited to an o�rner,operator, manager, proprietor or person in charge of any building,establishment, business,or restaurant or retail store,or the business agenfs or designees o�any of the foregoing. �'� "Smaking"or"smoke",the lighting pf a cigar,cigarette, pipe or other tobacco product or possessing a lighted cigar,cigarette,�ipe or other tobacco or non-tobacco product designed to be combusted and inhaled. I D. Smoking Prohibited: 1. Smoking is prohibited in the$nclosed areas of inembership associations, also known as private ciubs. I 2. It shal)be unlauvful for any pejson having conVol of the premises upon which smoking is prohibited by this regulatio�,�r the business agent or designee of such membership association,to permit a violab�on of this regulation. 3, Smoking is prohibited within�ight feet of any entrance to any workplace. E. Posting Notice of Prohibition: I, Every membership association in whi�h smoking is prohibited by and under the authority of this regulation shall conspicuously display lin the premises"No 5moking"signs provided by the Massachusetts Department of Public �fealth and available from the Athol Board of Health or the i�temational"No Smoking" symbol (c�nsisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar cross it)and comparable in size to the sign provided by the Massachusetts Department of Public kiealth and available from the Athol Board of Health, F. �olations: I Any membership association, person I}aving control af the premises,or its business agent who violates any provision of this regulatiorl may be penalized by the non-criminal method of disposition as provided in Massachusetts General Laws, Chapter 40, Section 21 D or by filing a criminal complaint at the appropriate venue. It Shall be the responsibility of the membership association, person having control of the premises,I,or its business agent to ensure compliance with all sections of this regufation. The violator shall re�eive: 1. First violation: a Fne of one h�ndred dollars ($100.00). 2. Second violation within 24 mor�ths of the date of the first violation: a fine of two hundred dollars($200.00). I 3. Three or more violations within�i 24 manths of the current violation, including the current violation: a fine of three hundr�d dollars ($300.00). �'d 0889SL�80SS�Ol I198bZ-6bZ-8L6 l�d3H �0 O�Iti08 �OH1d�WO�I� Lti�z0 0T0z-9-.ldW Pacsad on November B 20 II , 04,elfoclNe Decembor�,2004. G. Enforcement: II This regulation shali be enforced by�he Board of Health and its designees. One method of enforcement may belperiodic, unannounced inspections of those establishments subject to this regulation. Any citi2e�who desires to register a complaint under ttiis regulation may request that the Board of Health initi�te an investigation. H.Non•Criminal Dispcsition: '', Whoever violates any provision of thi��regulation may be penalized by the non-criminal method of disposition as provided in Massachu$etts General Laws, Chapter 40, Section 21 D or by filing a criminal complaint at the appropriate;�venue. Each day on which any violation exis�s shall be deemed to be a separate offense. Penalty: $100 for the first offense. $200 for the second�Offense within 24 months of the date of the first violation, $300 for the third or�ubsequent offense within 24 months of the current violation, including the current'�,violation Enforcing Persons: Athol Board of H�alth and its designees I.Severability: �', If any paragraph or provision of this r�gulation is found to be illegal or against public policy or unconstitutional,it shall not affect the Megality of any remaining paragraphs orprovisions. J. Conflict with Other Laws or Reg�lations: Notwithstanding the provisions of the�oregoing Paragcaph D of this regulation nothing in this regulation shall be deemed to amend�r repeal applicable fire, health or other regulations so as to permit smoking in areas where it is pr�hibited by such fire, health or other regulations. K. Effective Date: I�'i This regulation shall be effective on Dl�ec 1, 2004 Passed on the 9�h day of November in�he year 2004. Lionel Chauvette, Member I'� Joan Hamle M I� tt, ember I, b'd 0 II - 889SZ�80SZ�01 ��98bZ-6bZ 8Z6 l�d�H �0 a?Jd08 �OH1Fi�W0�l.� 8ti �Z0 0Z0Z-9-.ldW