[HISTORY: Adopted by the Annual Town Meeting of the Town
of Westwood 5-1-2017 by Art. 19.
Amendments noted where applicable.]
No person shall smoke, ingest, or otherwise use or consume marijuana
or tetrahydrocannabinol (as defined by MGL c. 94C, § 1,
as amended) for nonmedical purposes (i.e., for other than medical
use of marijuana as defined in Chapter 369 of the Acts of 2012, as
it may be amended from time to time) while in or upon any street,
sidewalk, public way, footway, passageway, stairs, bridge, park, playground,
trail, beach, recreation area, boat landing, public building, schoolhouse,
school grounds, cemetery, parking lot or any area or structure owned
by or under the care, custody and control of any board, committee
or commission of the Town of Westwood; or in a vehicle or upon any
bus or other passenger conveyance operated by a common carrier; or
in any place accessible by the public; or on any private land, building
structure or place without the consent of the owner or person in control
thereof. In addition, no person shall smoke marijuana or tetrahydrocannabinol
(as defined by MGL c. 94C, § 1, as amended) for medical
purposes in the areas noted above.
This bylaw 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 MGL c. 40, § 21, or
by noncriminal disposition pursuant to MGL c. 40, § 21D,
by any police officer. The fine for violation of this bylaw shall
be $100 for the first offense, $200 for the second offense and $300
for each subsequent offense. Any penalty imposed under this bylaw
shall be in addition to any civil penalty imposed under MGL c. 94C, § 32L,
or other section of the General Laws that is or may be applicable
upon its passage.
Appeals must be filed with the Town Administrator's Office,
580 High Street, Westwood, MA 02090, within 21 days after the date
of the violation, after which time the Town Administrator will schedule
and conduct a hearing date for said appeal; otherwise, payment must
be received within that time (21 days) or be subject to interest and
demand notice charges to be set by the Board of Selectmen. The hearing
will be presided over by the Town Administrator, and both the appellant
and the Police Department shall be entitled to present evidence on
their behalf, after which the Town Administrator will render a decision.
