[HISTORY: Adopted as Art. 15, Sec. 4, of the 1977 compilation; revised in its entirety at the 5-4-2009 ATM, Art. 15. Subsequent amendments noted where applicable.]
[Amended 10-29-2018 STM by Art. 9]
No person shall consume an alcoholic beverage as defined by General Laws Chapter 138, Section 1, as amended, or possess an opened container of such beverage, or smoke, ingest, or otherwise use or consume marijuana or tetrahydrocannabinol as defined by General Laws Chapter 94C, Section 1 within the limits of any park, playground, public building, schoolhouse, school grounds, cemetery, parking lot or any area owned by or under the control of the Town of Littleton nor shall any person consume an alcoholic beverage, or consume marijuana or tetrahydrocannabinol on any public way or way to which the public has a right of access as invitees or licensees, including any person in a motor vehicle while it is in, on, or upon any public way or any way to which the public has a right of access as aforesaid, within the limits of the Town of Littleton; provided, however, that the sale, distribution, and consumption of alcohol may be permitted on all Town-owned property with the express written permission of the board or committee with the care, custody, and control of the Town-owned property, and provided further, that any such sale, distribution, and consumption be in compliance with M.G.L. c.138, § 14, where applicable.
All alcoholic beverages, marijuana or tetrahydrocannabinol being used in violation of this section may be seized and held until final adjudication of the charge against any such person or persons has been made by the court. Upon final adjudication all alcoholic beverage and marijuana/THC evidence will be destroyed.
With respect to possession or consumption of alcoholic beverages, this by-law may be enforced through any lawful means in law or equity including, but not limited to, enforcement by arrest and criminal indictment pursuant to G. L. c. 272, § 59. With respect to possession or consumption of marijuana or tetrahydrocannabinol, this by-law may be enforced by non-criminal disposition pursuant to G.L. c. 40, § 21D, by the Select Board, the Town Administrator, or their duly authorized agents or any police officer. The fine for violation of this by-law with respect to alcoholic beverages, marijuana or tetrahydrocannabinol shall be up to $300 for each offense. Any penalty imposed under this by-law shall be in addition to any civil penalty imposed under G.L. c. 94C, § 32L.