[HISTORY: Adopted by the Town Meeting of the Town of Templeton 5-10-2011 (Art. XXI of the Bylaw Compilation). Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 107.
No person, whether in or upon a vehicle, motor vehicle, conveyance, or on foot, shall burn, smoke, ingest, or otherwise use or consume marijuana or tetrahydrocannabinol (as defined in MGL c. 94C, § 1, as amended) while in or upon any area owned by or under the control of the Town, including, but not limited to, any street, sidewalk, public way, footway, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, school, school grounds, cemetery, or parking lot; or in or upon any place to which the public has a right of access as invitees or licensees.
Any marijuana or tetrahydrocannabinol burned, smoked, ingested, or otherwise used or consumed in violation of this bylaw shall be seized, held, and disposed of in accordance with MGL c. 94C, § 47A.
Whoever is found in violation of this bylaw shall, when requested by an official authorized to enforce this bylaw, state his true name and address to said official.
[Amended 6-17-2020 ATM by Art. 9]
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 the Select Board (Board) or its duly authorized agents, or any police officer.
The fine for a violation of this bylaw shall be $300 for each offense. A penalty imposed under this bylaw shall be in addition to any civil penalty imposed under MGL c. 94C, § 32L.
[Added 5-15-2019 ATM by Art. 10]
A. 
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, possess an open container of marijuana or marijuana products in the passenger area of any motor vehicle.
B. 
A person who violates this section shall be punished by a civil penalty of $300.
[Amended 11-20-2019 STM by Art. 5]
C. 
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 designated 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.
In case any section, paragraph or part of this bylaw is for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force and effect.