[HISTORY: Adopted by the Board of Commissioners of the Township
of Nether Providence 2-24-2022 by Ord. No. 833. Amendments noted where
applicable.]
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, Section 1, et seq., 35 P.S. 780-101 et seq.,
no person shall (i) purchase or attempt to purchase, (ii) be in possession
of, or (iii) smoke in any public space a small amount of marijuana
or possess marijuana paraphernalia in the Township of Nether Providence,
Delaware County, Pennsylvania.
B.
The purpose and intent of this section is to promote the general
safety and welfare of the public by establishing a mechanism to process
the minor nonviolent offenses of personal possession or personal use
of a small amount of marijuana and personal possession of marijuana
paraphernalia within the limits of the Nether Providence Township
and is not to promote or condone the possession or use of marijuana
or marijuana paraphernalia.
B.
Provided, however, that this section shall not apply to any of these
violations to the extent that they take place within or on the grounds
of any public library or any public, private, or parochial elementary
or secondary school which shall be charged as criminal violations
under the Pennsylvania State Criminal Statutes.
As used in this chapter, the following terms shall have the
meanings indicated:
All forms and/or varieties of the genus Cannabis, whether
growing or not, as defined by the "Controlled Substance, Drug Device
and Cosmetic Act," 1972, April 14, P.L. 233, No. 64, Section 1, et
seq., 35 P.S. 780-101 et seq.
Any device, instrument, apparatus or object used, intended
to be used, or designed to be used for introducing marijuana into
the human body or for storing, containing, concealing or transporting
marijuana.
Any individual under the age of 18 years at the time of violation
of this chapter.
Any street, alley, highway, traffic way, park, sidewalk,
or a vehicle in or upon any of the referenced areas, or any other
place to which the public is invited.
30 grams or less of marijuana.
Inhaling, exhaling, burning or carrying any lighted cigarette,
e-cigarette, vaporizer, cigar, pipe, water pipe, or other such delivery
device which contains marijuana.
Any person who is found in violation of this section of this
chapter shall be issued a nontraffic summary citation by the police
or other authorized law enforcement officer in accordance with the
Pennsylvania Rules of Criminal Procedure. Alternatively, a civil complaint
may be issued under this chapter and enforced consistent with rules
of civil procedure as in effect in the Commonwealth of Pennsylvania.
The officer who identifies a violation of this chapter by a
minor shall:
A.
Temporarily detain the minor and follow existing procedures for the
handling of a summary offence by a minor;
B.
Advise the parent or guardian that the minor was found to be purchasing
or attempting to purchase a small amount of marijuana; Possessing
a small amount of marijuana or marijuana paraphernalia; or smoking
a small amount of marijuana in any public space; and
C.
Issue a notice of violation or civil complaint to the minor.
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a magisterial district judge, shall be sentenced to pay a fine of
not more than $300 plus costs together with reasonable attorney fees.
In its discretion, upon application by the person cited, a magisterial
district court may suspend the fine imposed if the person cited agrees
to admission to an adjudication alternative program or other in place
pre-adjudication disposition.
A.
It is the intent of the Board of Commissioners that Nether Providence
Township Police may exercise their lawful authority to enforce this
ordinance when a violation occurs in the officer's presence within
the Township.
B.
A non-traffic citation or civil complaint issued under this chapter
shall be enforced consistent with the procedures established in Chapter
4 of the Pennsylvania Rules of Criminal Procedure, Procedures in Summary
Cases, Parts A and B, Pa.R.Crim.P. 401-414 or consistent with rules
of civil procedure as in effect in the Commonwealth of Pennsylvania
as the same may be amended from time to time, respectively.
C.
This chapter shall not be construed to supersede any existing Pennsylvania or federal law. Nether Providence Township Police officers retain the authority to enforce the applicable statutory laws. It is the intent of Board that police officers may: (A) conduct any lawful search when there is probable cause to believe that a criminal offense has been or is being committed; and (B) make a custodial arrest when there is probable cause to believe a criminal offense other than one of the violations described in § 166-2.
