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.