[Adopted 5-7-2009 ATM by Art. 15; amended in its entirety 5-2-2019 ATM by Art. 26]
No person shall smoke, inject, burn, vaporize, inhale, ingest, or otherwise use or consume marijuana or marijuana products (as those terms are defined in MGL c. 94C, § 1, as amended) while in or upon any public place, including but not limited to any 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, leased or occupied by or otherwise 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 other place accessible to the public; provided, however, that this bylaw shall not be construed to limit the medical use of marijuana.
No person shall, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, or any area owned, leased or occupied by or otherwise under the control of the Town of Hadley, possess an open container of marijuana or marijuana products in the passenger area of any motor vehicle. For purposes of this section, "open container" shall mean that the package containing marijuana or marijuana products has its seal broken or from which the contents have been partially removed or consumed, and "passenger area" shall mean the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or passenger while in a seated position; provided, however, that the passenger area shall not include a motor vehicle's trunk, locked glove compartment or the living quarters of a house coach or house trailer, or if a motor vehicle is not equipped with a trunk, the area behind the last upright seat or an area not normally occupied by the driver or passenger.
This bylaw shall be enforced through any lawful means in law or in equity, including, but not limited to, enforcement by a noncriminal disposition pursuant to MGL c. 40, § 21D, or by any police officer. The fine for violation of this bylaw shall be $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 found to be invalid, such decision, invalidity or voidance shall not affect the validity of the remaining portion of this bylaw.