34.1. Membership. The Town shall have an elected Board of Health consisting of three registered voters of the Town.
34.2. Term. The term of office shall be three years.
34.3. General Duties. The Board shall have the duties and powers of boards of health under the General Laws, particularly Chapter 111. These include protecting and preserving the health and well-being of the public.
34.4. Director. The Board shall appoint a Director of Public Health and other personnel as it deems necessary.
34.5. Regulations. All regulations made by the Board under Chapter 111 of the General Laws shall be published once in a newspaper generally circulated in the Town. Such publication shall be notice to all persons.
34.5A. Clean Indoor Air in Food Service Establishments.
Section I Definitions
a. Smoking shall mean the lighting of, or having possession of any lighted cigarette, cigar, pipe or other tobacco product.
b. Food Service Establishment shall mean any establishment which is required by State Law to be licensed by the Board of Health in accordance with the provisions of the State Sanitary Code, Article X "Minimum Sanitation Standards for Food Service Establishments", in order to prepare and serve food to the general public.
c. Nonsmoking area means that area in the dining area of a food service establishment where smoking by employer or patron is prohibited.
d. Smoking areas mean all other areas of food service establishments except where smoking is prohibited by sanitation or fire safety codes or regulations.
Section II Regulated Conduct
a. No person shall smoke in any establishment required to be licensed as a Food Service Establishment except in specifically designated smoking areas.
b. Smoking areas may be designated by proprietors or other persons in charge of the above establishment, except in places in which smoking is prohibited by the Chief Fire Engineer or by other law or regulation. Designated smoking areas shall comprise no more than 75% of the establishment. Where smoking areas are designated existing physical barriers and/or ventilation systems shall be used to minimize the effects of smoke on persons in adjacent nonsmoking areas.
c. In the case of establishments consisting of a single room the requirement of this bylaw shall be considered met, if one side of the room is reserved and posted as a nonsmoking area, and provided that no less than 25% of the seating capacity is designated as a nonsmoking area.
Section III Exemptions
a. Establishments with a seating capacity of less than 40 persons are exempt from this bylaw.
b. In cases where an entire establishment or room in an establishment is taken over for a private function, this bylaw shall not apply.
c. Establishments that have voluntarily provided a designated nonsmoking area as requested by the Board of Health shall be exempt from this bylaw for as long as their voluntary system is maintained.
Section IV Implementation and Enforcement
a. The proprietor or other person in charge of a restaurant shall make reasonable efforts to prevent smoking in the nonsmoking area by:
1. posting appropriate signs;
2. arranging seating so that existing physical barriers and ventilation systems minimize the effects of smoking in a smoking area upon patrons in an adjacent nonsmoking area;
3. directing patrons seated in nonsmoking areas to refrain from smoking; and
4. any other means which may be appropriate.
b. The Wellesley Board of Health may adopt rules and regulations to help effectuate the purpose of this bylaw.
c. Any person who smokes in a nonsmoking area after notice from the person in charge that such conduct violates this bylaw shall be subject to a fine of not less than ten (10) dollars or more than thirty (30) dollars.
d. The Wellesley Board of Health or any person aggrieved by the willful failure of the proprietor or other person in charge of a restaurant to comply with any provision of the bylaw may seek injunctive or other relief to enforce the provisions of this bylaw in a court of competent jurisdiction.
e. Nothing in this bylaw shall make lawful smoking in any area which smoking is or hereafter be prohibited by law.
Section V Severability
a. If any provision of this bylaw is declared invalid or unenforceable the other provisions shall not be effected thereby.
34.5B. Clean Indoor Air in Public Buildings.
Section I Definitions
a. Public Buildings as used in this bylaw shall mean every public building owned and controlled by the Town of Wellesley.
b. Smoking shall mean the lighting of any cigar, cigarette, pipe or other tobacco product.
Section II Regulated Conduct
a. There shall be no smoking in any public building. This prohibition shall extend to all enclosed structures owned or operated by the Town.
Section III Implementation and Enforcement
a. Any person who smokes in a nonsmoking area after notice from the person in charge that such conduct violates this bylaw shall be subject to a fine of not less than ten (10) dollars or more than thirty (30) dollars.
b. The Wellesley Board of Health or any person aggrieved by the willful failure of the proprietor or other person in charge of a work place to comply with any provision of the bylaw may seek injunctive or other relief to enforce the provisions of this bylaw in a court of competent jurisdiction.
c. Nothing in this bylaw shall make lawful smoking in any area in which smoking is or may hereafter be prohibited by law.
Section IV Severability
a. If any provision of this bylaw is declared invalid or unenforceable the other provisions shall not be effected thereby.
34.6. General Provisions. The Board shall also be governed by Articles 2 through 7 of these bylaws and other provisions of these bylaws applicable generally to all boards, except as it is specifically directed by law or a provision of these bylaws to act otherwise.
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