[Adopted 5-7-2009 ATM by Art. 15; amended in its entirety 5-2-2019 ATM by
Art. 26]
A.
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.
B.
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.
A.
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.
B.
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.
