[HISTORY: Adopted by the Borough Council of the Borough of
Parkside as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-16-2020 by Ord. No. 565]
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 Borough of
Parkside, County of Delaware, Commonwealth of Pennsylvania, all as
set forth in this article.
The following shall be a civil violation of this article:
A.
Purchasing
or attempting to purchase a small amount of marijuana;
B.
Possessing
a small amount of marijuana or marijuana paraphernalia; or
C.
Smoking
a small amount of marijuana in any public space; provided, however,
that this article 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.
As used in this article, 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.
Anything used for packing, storing, containing, ingesting,
inhaling or otherwise introducing marijuana into the human body.
Any individual under the age of 18 years at the time of violation
of this article.
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.
Thirty grams or less of marijuana.
Inhaling, exhaling, burning or carrying any lighted cigarette,
cigar, pipe or other such delivery device which contains marijuana.
Persons found in violation of this article shall be issued a
notice of violation by the police or other authorized law enforcement
officer. Alternatively, the officer can obtain the subject's name
and address and later send a notice of violation by first-class mail.
Such notice of violation shall be in the standard form provided for
non-traffic citations.
The officer who identifies a violation of this article by a
minor shall:
A.
Temporarily
detain the minor and follow the existing procedures for the handling
of summary offenses committed by a minor;
B.
Advise
the parent or guardian that the minor was found in possession of or
smoking in a public space a small amount of marijuana; and
C.
Issue a
notice of violation to the minor.
The penalty for a violation of this article by an adult or minor
shall be a civil fine of $100 for each violation. 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 Borough Council that the Parkside police may exercise their
lawful authority to enforce this article when a violation occurs in
the officer's presence within the territorial boundaries of the Borough
of Parkside.
B.
A notice
of violation issued under this article shall be enforced consistent
with the procedures established in Chapter 4 of the Pennsylvania Rules
of Criminal Procedure (Pa.R.Crim.P.), Procedures in Summary Cases,
Parts A and B, Pa.R.Crim.P. 401-414.
C.
This article shall not be construed to supersede any existing Pennsylvania or federal law. Parkside Borough police officers retain the authority to enforce the applicable statutory laws. It is the intent of Borough Council that police officers may: (1) conduct any lawful search when there is probable cause to believe that a criminal offense has been or is being committed; and (2) make a custodial arrest when there is probable cause to believe a criminal offense other than one of the violations described in § 139-2.
This article shall take effect on January 1, 2021.
