[Added by Ord. No. 1667, § I, 1-11-2021]
As used in this article, the following terms shall have the
meanings indicated:
As defined by Pennsylvania's Controlled Substance, Drug,
Device and Cosmetics Act as set forth at 35 P.S. § 780-101
et seq.
All forms of/or varieties of the genus Cannabis Sativa L.,
whether growing or not, as defined by Pennsylvania's Controlled Substance,
Drug, Device and Cosmetics Act as set forth at 35 P.S. § 780-101
et seq.
Any building, structure, equipment or other thing, including
the land upon which it is situated, abutting premises that are used
incidentally for the accommodation of the public, including the sidewalks
and streets adjacent thereto.
Any place to which the public has access, including any public
street or public sidewalk, public alley, public mall, public common,
public municipal parking lot, a vehicle in or upon any street, alley,
park or parking areas, or other public ground within the Township
or in or about the areas in front of or adjacent to any building or
structure used in whole or in part for dwelling or rooming or boarding
purposes or for business, amusement, commercial, mercantile, manufacturing,
industrial, storage or recreational purposes, including any stores,
restaurants, taverns, movie theaters or other businesses. Schools
and educational buildings are not considered a public place for purposes
of this article.
All public streets, alleys, sidewalks, steps and other corridors
through which either vehicles or persons may travel, including motor
vehicles parked within such right-of-way.
Thirty grams or less of marijuana or eight grams or less
of hashish as set forth in 35 P.S. § 780-113(a)(31).
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, pipe or other such device which contains marijuana. Smoking
includes devices designed to vaporize marijuana or marijuana extracts.
(a)
So long as marijuana shall be listed as a controlled substance in the Controlled Substance, Drug, Device and Cosmetic Act, 1972, April 14, P.L. 233, No. 64, § 1 et seq., 35 P.S. § 780.101 et seq., no person shall be in possession of a small amount of marijuana as defined in said act.
(b)
The
following shall be a summary violation of this article:
(c)
Persons
who are found in violation of this section may be issued a nontraffic
citation by the police or other authorized law enforcement officer.
Alternatively, the officer may obtain the subject's name and address
and later send a nontraffic citation through the Magisterial District
Judge's office.
(d)
The parent or guardian of a minor under the age of 18 years who violates § 14-112, Subsection b(1),(2) or (3), shall also be in violation of this section. The officer who observes a violation of this section by a minor may:
(1)
Temporarily detain the minor and follow all existing procedures for
the handling of summary offenses committed by a minor;
(2)
Advise the parent or guardian that the minor was found in possession
of a small amount of marijuana;
(3)
Issue a nontraffic citation to the minor or to the parent or guardian
on behalf of the juvenile offender; and
(4)
Provided that such agency exists, provide the parent or guardian
with contact information for agencies where substance abuse educational
and treatment programs are available.
(e)
Penalties
for violation.
(1)
The penalty for a violation of § 14-112, Subsection (b)(1), of this article by an adult or minor under the age of 18 shall be a fine of $25 for each violation.
(f)
Enforcement.
(1)
A nontraffic citation issued under this article shall be enforced
in accordance with the procedures established by the Plymouth Township
Police Department for enforcement of summary violations.
(2)
This article shall not be construed to supersede any existing Pennsylvania
or federal law. Plymouth Township Police Department officers retain
the authority to enforce any applicable laws.
