[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.
A.
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.
B.
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.
C.
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.
