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DESCRIPTION: Approval of this article in every town would promote fairness among <br /> member communities --- each paying the exact same cost/pupil for students in the technical <br /> high school. Lack of approval would continue the process initiated under educational reform- <br /> different towns paying a different cost/pupil for the same education in the same school. The <br /> District states that while a town paying less might be tempted to continue the inequity, that <br /> action would not represent either dedication to a fair partnership or backing of the conditions <br /> of operation approved by voters when the region was formed. In the long run, inequity and <br /> win-lose management serve no one's interest. <br /> ARTICLE 45 BY-LAW AMENDMENT <br /> To see if the Town will vote to amend Section 6 of Article I of the General By-Laws (Non- <br /> Criminal Disposition)by making it applicable to the Board of Health Tobacco Control <br /> Regulations entitled, "Rules and Regulations Relative to the Restriction of Smoking, Sale, <br /> Vending and Distribution of Tobacco and Tobacco Products Within the Town of Lexington", <br /> with fine amounts as approved by the Board of Health on November 8, 1994 and as filed in the <br /> office of the Town Clerk, or take any other action relative thereto. <br /> (Inserted at the request of the Board of Health) <br /> DESCRIPTION: This article will enable the Board of Health to enforce its comprehensive <br /> tobacco control regulations through the use of non-criminal disposition at the fine amounts <br /> designated when the regulations were adopted. The Board is currently limited to the fine <br /> amounts set forth in the 1988 By-Law adopting the use of non-criminal disposition or to <br /> pursuing the fine amounts it designated through criminal complaint. The fine amounts are <br /> considered appropriate for each violation and in the instance of violation for the sale of <br /> tobacco products to minors, reflects a consistency with State law. To impose a lower penalty <br /> than that mandated by Massachusetts General Laws would be inappropriate. The use of non- <br /> criminal disposition would permit the Board of Health to enforce regulations more efficiently <br /> without committing large amounts of time to court proceedings and without burdening <br /> violators with criminal records. <br /> 30 <br />