[HISTORY: Adopted by the Town Meeting of the Town of Dartmouth as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-22-2009, approved 12-2-2009; amended 6-7-2011, approved 9-15-2011 (§ 74.1 of the 2011 General By-Laws)]
No person shall smoke, ingest, or otherwise use or consume marijuana or tetrahydrocannabinol (as defined in Massachusetts General Laws Chapter 94C, Section 1, as amended) while in, on or upon any public place, including but not limited to: any public street; public sidewalk; public way; public footway; public passageway; public stairs; public bridge; public park; public playground; public beach; public recreation area; public boat landing; public building; public schoolhouse; public school grounds; cemetery; public parking lot; any area owned by or under the control of the Town of Dartmouth or any of its departments, agencies or authorities; 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 By-Law shall, when requested by an official authorized to enforce this By-Law, state his or her true name and address to said official. Whoever, upon such request, refuses or fails to state his or her true name and address or whoever provides a false name and address to said official shall be punished by a fine of $300. An offender's refusal or failure to provide his or her true name and address shall be considered a separate violation of this By-Law.
This By-Law 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 Massachusetts General Laws Chapter 40, Section 21, or by non-criminal disposition pursuant to Massachusetts General Laws Chapter 40, Section 21D, by the Select Board, the Town Administrator, or their duly authorized agents, or any police officer.
The fine for violation of this By-Law shall be $300 for each offense. Any penalty imposed under this By-Law shall be in addition to any civil penalty imposed under Massachusetts General Laws Chapter 94C, Section 32L.