[HISTORY: Adopted by the Special Town Meeting of the Town
of Newbury 10-24-2017 by Art. 9.[1] Amendments noted where applicable.]
[1]
Editor's Note: This bylaw also superseded former Ch. 41, Alcoholic
Beverages, adopted 3-19-1974 ATM, Art. 36, as amended.
[Amended 6-23-2020 ATM, Art. 20]
No person shall use or consume any alcoholic beverage, as defined
in Chapter 138, Section 1 of the Massachusetts General Laws, while
in or upon any public way or any way in which the public has a right
of access, or in any place where the public may be invitees or licensees,
without first obtaining permission from the Board of Selectmen; nor
shall any person use or consume any alcoholic beverage in any park
or playground; nor shall any person use or consume any alcoholic beverage
in or upon any private land, building or structure without the consent
of the owner or person in control thereof. Any alcoholic beverage
used in violation of this bylaw shall be seized and safely held until
final adjudication against the person or persons using such beverage,
at which time it shall be returned to the person entitled to lawful
possession.
Penalty for violation of this bylaw shall be a fine of not more
than one hundred dollars ($100.00) for each offense. Each offense
shall constitute one violation regardless of the number or amounts
of alcoholic beverages consumed.
No person shall smoke, ingest or otherwise use or consume marijuana
or tetrahydrocannabinol (as defined in Chapter 94C, Section 1 of the
Massachusetts General Laws) while in or upon any street, sidewalk,
public way, footway, passageway, stairs, bridge, park, playground,
beach, recreation area, boat landing, public building, schoolhouse,
school grounds, cemetery, parking lot, or any area owned by or under
the control of the Town of Newbury; or in or upon any bus or other
passenger conveyance operated by a common carrier; or in any place
accessible to the public.
This bylaw may be enforced through any lawful means in law or
in equity, including but not limited to, enforcement by criminal indictment
or complaint pursuant to Chapter 40, Section 21 of the Massachusetts
General Laws, or by noncriminal disposition pursuant to Massachusetts
General Laws Chapter 40, Section 21D, by the Board of Selectmen, the
Town Administrator, or their duly authorized agents, or any police
officer. The fine for violation of this bylaw shall be three hundred
dollars ($300.00) for each offense. Any penalty imposed under this
bylaw shall be in addition to any civil penalty imposed under Massachusetts
General Laws Chapter 94C, section 32L.
The provisions of this Bylaw shall be severable and any provision
or section hereof which is repugnant to or in conflict with any Federal,
State or Municipal Law shall be void, but such provision or section
shall not affect any other lawful provision or sanctions hereunder
the balance of said Bylaw shall remain in full force and effect.
