[HISTORY: Adopted by the Town Meeting 6-25-2018 STM by Art. 6.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 450,
Marihuana, Public Use of, adopted 5-11-2009 ATM, Art. 9.
No person shall smoke, vaporize, inhale, ingest, or otherwise
use or consume marijuana or tetrahydrocannabinol (as defined in MGL
c. 94C, § 1, as may be amended) or marijuana products where
smoking of tobacco is prohibited or any street, sidewalk, public way
or any way to which the public has a right of access, 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; or any place
to which members of the public have access as invitees or licensees;
or in or upon any bus or other passenger conveyance operated by a
common carrier; or in any place accessible to the public. Whoever
is found in violation of this bylaw shall, when requested by an official
authorized to enforce this bylaw, state their true name and address
to such official.
This bylaw may be enforced through any lawful means in law or
in equity including, but not limited to, enforcement by noncriminal
disposition pursuant to MGL c. 40, § 21D and MGL c. 94C,
§ 32N, 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) for
each offense. Any penalty imposed under this bylaw shall be in addition
to any civil penalty imposed under MGL c. 94C, § 32L.
This bylaw shall not alter or affect the jurisdiction of the
Board of Health under the provisions of MGL c. 111, § 31
or any other applicable law, including, but not limited to, the regulation
of combustion and inhalation of tobacco and non-tobacco products in
workplaces and public spaces in the Town.
In the event that any provision, section or clause of this bylaw
is hereafter judicially found to be invalid, such decision, invalidity
or voidance shall not affect the validity of the remaining portion
of this bylaw.
