NASHUA – The ordinance that would, as written, allow Nashua officials to impose a first-offense fine of $50 on a 20-year-old caught with a cigarette, cigar, can of Skoal, or a vaping device is back up for discussion.

Ordinance 19-037 is on the agenda for the Personnel and Administrative Affairs Committee meeting, scheduled for 7 p.m. Monday at City Hall, 229 Main St. Last month, Board of Aldermen members referred the legislation to this committee for further review.

The introduction of the ordinance earlier this year sparked controversy within the community, while opinions seem to remain divided on the matter.

Alderman Ernest Jette introduced the ordinance earlier this year. He said several amendments have been proposed, but were never formally introduced at the full board meeting. However, he said he believes the amendments were reasonable.

“I think it’s the better way to go, but if the committee votes to stick with the original, I certainly will vote for that,” Jette said.

Nonetheless, Jette said applying the amendments would be his preference. He believes the amendments would align the ordinance with one passed in Needham, Massachusetts. In 1995, the Needham Board of Health passed the first of several regulations affecting smoking, as well as the sale and distribution of tobacco products. Later, in 2005, the sale of tobacco products to anyone under the age of 21 was prohibited.

Today, leaders in Massachusetts and Maine have raised their states’ legal tobacco smoking ages to 21, while it may also happen in Vermont.

Jette asserts that after 14 years, the town of Needham has not only reduced tobacco use among young people, but also adults. Additionally, he said Needham has also seen a reduction in hospitalizations and deaths due to lung cancer.

Meanwhile, Alderwoman June Caron said she the proposed amendments would dilute the law and the intent of the ordinance. Those proposed amendments include:

• Removing the possession restriction to just prohibit sales, purchase, distribution and use;

• Grandfather in those who already are between the ages of 18 and 20 so they would be exempt from the regulation; and

• And exempt online, mail, or telephone sales by which the delivery of the product would be to people in a jurisdiction where it is legal to do this.

Jette also said the proposed amendments would include alternatives to the fines, such as an education program or community service.

“My personal opinion is that if people want this, then the (New Hampshire) Legislature should get on board and change it statewide,” Caron said.

Adam Urquhart may be contacted at 594-1206, or at aurquhart@nashuatelegraph.com.

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