Board of Aldermen 05-14-2019 Page 24
Alderman O’Brien
Thank you. | am not going to support the bill, I’m not going to support the amendment. The
constitution is quite clear, it says 18. And if you want the State to do it | would support the State, not
the community of Nashua to have Nashua come to effect. | look at it if a 16 year old was smoking or
drinking and goes home with smoke on their breath or alcohol on their breath, can imagine the parents
would be quite upset. And | think if a 19 year old went home with alcohol the parents would be equally
still upset and 20 and up to the age of 21. But at 18 the Federal Law says that they can go home with
tobacco on their breath. So therefore the Libertarian side of me, I’m glad you mentioned it, listen | also
know being part of the State Legislature, there’s 400 wise people up there. And | think they are quite
capable to make a decision to discuss a bill and making that decision | think we can all abide by what
the State has to do. | am not here as an Alderman to poke the nose or the eye or the butt of the State
trying to make a decision. They are quite capable of making the decision on their own.
Yet looking at this amendment and to my State Rep friends will tell you, we live on words such as
‘shall’ and ‘may’. And | look at Section D and any person violating the provision of this section shall be
subject to fine of up to $50.00 for first offense and up to $100.00 for a second subsequent offense.
Now ‘shall’ to me, if | was going to put ‘shall’ to another word, would be ‘will’. You will be charged. So
we are going to charge the youth for this yet in looking at E and if | may read it again, any person
violating provisions of this section who are under the age of 21 may be required to participate in an
education program regarding tobacco products, e-cigarettes, liquid nicotine, a program for cessation
and the use of tobacco products, e-cigarettes, liquid nicotine or the completion of community service
as an alternative to the fines provided by Paragraph D. Well it seems in paragraph D you are going to
get the fine. Not if, not what not even if you want to go to a cessation program. And you don’t have to
go to the cessation program because it says “you may” which another word for ‘may’ maybe or | might.
So it’s a good attempt, | respect it, but the verbiage and | think my fellow State Reps who handle these
issues all the time, know exactly what we are talking about, we get slammed up in Concord when we
had the may and the shall debate and see others are kind of shaking their head, yet it’s right here in an
ordinance that’s before us now. Thank you.
Alderman Tencza
So just to follow up with Alderman O’Brien’s final point the criminal code is full of sections that say
“shall be fined” which this section doesn’t say that the fine couldn’t be suspended or couldn’t be
substituted for community service so even if it’s there it doesn’t mean that somebody would have to
necessarily pay that fine as a result of a violation of this ordinance. It took me a long time to make a
decision on where | would come down on this ordinance and | think | may have been the person who
spoke with Alderman Jette about enforcement as a primary offense for someone who the Police may
think is under the age of 21 smoking a cigarette in their car.
Because of the way this amendment is drafted, | do not have any concerns with that any longer
because | think it takes the burden off of the possession and puts it on people who are selling or
distributing tobacco. | think it is more of a balance. | respect all the folks who have a lot of experience
up in Concord and the work that goes on there; | think Concord is looking to the cities and the
municipalities to see what we do about this. And as a Public Health, as a Public Safety measure, |
think this is a good start moving forward; it’s not going to cure all the issues we have with young
people using tobacco and getting hooked on tobacco products but it is a step in the right direction.
Alderman Harriott-Gathright
Ok the word possession was taken out but what was the other word, distribution. How many young
people consistently give their cigarettes to their friends | mean you know they pass them around like
them around like are nothing, so that’s called distribution because they have actually given it to their
friends, ok? So we might have taken possession out and made it a little less worrisome for the young
