On petition of Anthony Curro and at least 25 Hampton registered voters shall the Town of Hampton vote to establish the following ordinance.
Section 1. Authority
In accordance with the provisions of New Hampshire Revised Statutes Annotated Chapter 31, Sections 39, I, (a) and (e) authorizing the Town of Hampton to enact by-laws, the following chapter for the regulation of smoking is adopted by the Town of Hampton in the Annual Town Meeting assembled.
Section 2. Purpose
It is the declared purpose of the Town of Hampton, through the adoption of this By-Law, to protect the human health, preserve the natural environment, conserve precious and dwindling natural resources and to curb the desecration of the beauty of the Town of Hampton and the State of New Hampshire and to protect the health, welfare and safety of its citizens.
Section 3. Definition
As used in this chapter, unless the context clearly requires otherwise, the word “smoking” means the burning of tobacco, natural or artificial; any narcotic plant, weed or substance, either natural or artificial;
the use of electronic devices for the purpose of inhaling the smoke therefrom and expelling said smoke in and/or on any public park, cemetery, common, beach or other public properties of the Town of Hampton.
Section 4. Unlawful activities
It shall be unlawful for any person to engage in the smoking of any substance defined in Section 3 of this By-Law in and/or on in any public park, cemetery, common, beach or other public property of the Town of Hampton.
Section 5. Enforcement
Any person or persons violating to provisions of these by-laws shall be guilty of a violation and subject to a fine of not less than $100 for the first offense, $150 for a second offense and $200 for a third and all subsequence offenses to be issued in the form of a summons and notice of fine. Fines imposed shall inure to the use of the Town and shall be deposited in the general fund of the Town of Hampton.
Section 6. Severability
In any provision, word, clause, section, paragraph, phrase or sentence of this By-Law is found by a court of competent jurisdiction to be unconstitutional, unlawful or unenforceable, such unconstitutionality, unlawfulness or unenforceability shall not affect the other provisions of this By Law, provided that the purpose of this By-law can still be achieved in the absence of the invalid provisions.
Section 7. When effective
This By-Law shall become effective when adopted by the Town Meeting of the Town of Hampton?
What it means:This mirrors the intent of last year’s Warrant Article of the same topic. The wording of that Article was such that it was deemed “advisory”. This Article is intending to make the smoking ban on Town property a part of our Ordinances. This Article bans smoking in any public park, cemetery, common, beach or other public property of the Town of Hampton.
Those in favor say: Although no one expects 100% enforcement of an Ordinance of this type, the presence on the books of the smoking ban provides a regulatory basis to request that someone who wishes to smoke please remove him or herself from the town-owned property while they do so.
Those against say: The concerns expressed at Deliberative Session on this topic were about the nuances of where a person could or could not smoke and about how the Ordinance would be enforced.
Fiscal impact: No Tax Impact.