Proposed Bylaw Amendment Would Prohibit Smoking on Most Town-Owned Properties

A town bylaw amendment will be before voters at the May 21 Annual Town Meeting that could further limit locations where cigarette smokers are allowed to "light up."

The article, put forth by the Easton Board of Health, would ban smoking from all outdoor, town owned, public properties with the exception of sidewalks.

Easton's current bylaw, which bans smoking in a "public place" defines "public place" as a building or facility owned, leased, operated or occupied by the town.

Under the new bylaw, the definition of "public place" would be expanded to include those lands held by the town that are used for active and passive recreation. It would also give the Easton Police Department authority to enforce the law.

Board of Health Chair Jennifer Nichols told selectmen Monday night that it was legally under the board's purview to make such an amendment.

"Our mission for being on the board of health is to really promote healthy behaviors and healthy lifestyles," she said.

Nichols said that there were "concerns raised" about individuals smoking on town properties that sparked the discussion. However, it was the overall promotion of healthy living that led to the board's amendment proposal.

"I contacted the chief of police and school officer and got their blessing before we put them on there as an enforcement agency," Board of Health Agent Mark Taylor said. "They did both concur that they were on board."

Fines would range from $100 for the first offense to an additional $100 for each subsequent offense, Taylor said.

The Town controls over 3,000 acres of Conservation land and parks, including the Clifford G. Grant Management area, which directly abuts the Easton Public School complex on Lothrop Street.

When asked by Finance Committee Chair Carol Nestler if fines would be enforced for high school students, subsequently forcing parents to pay the price, Board of Selectmen Chair Colleen Corona responded.

"If the bylaw is passed and they were caught smoking in there - yes," Corona said.

In addition to conservation lands and parks, the grounds of buildings - such as - would also see a smoking ban. Parking lots owned by the town would be affected as well.

would not be affected by the bylaw as it is privately owned. would also be exempt as it is a state-run entity. An official at Borderland confirmed Tuesday that smoking is allowed on Borderland grounds.

Selectmen voted to recommend the amendment by a vote of 4-1. Dan Murphy was the lone vote against the article.

"I did vote to oppose it, but ultimately the board voted to recommend it and I'll stand behind the board's decision," Murphy told Easton Patch.

The Finance Committee voted last week not to take a position because of the limited financial bearing it would have on the town.

"There are so few things that don't have a financial impact," Nestler said. "I'd rather tell the town moderator that we don't want to take a position."

The most recently released Town Meeting Warrant Draft is attached. Article 34 outlines the proposed smoking bylaw change.