Town of Belmont, MA Article 1 Alcohol, Tobacco and Firearms

[Adopted as §§ 20.8, 20.9, 20.10, 20.14 and 20.15 of the 1981 Bylaws]

§ 60-100 Alcoholic beverages.

A. No person shall drink or have in his or her possession an opened container of any alcoholic beverage as defined in MGL c. 138, § 1, while upon any public way or upon any way to which the public has a right of access as invitees or licensees or any park or playground or private land or place without consent of the owner or person in control thereof.

B. All alcoholic beverages being used in violation of Subsection A shall be seized and safely held until final adjudication of the charge against the person or persons arrested or summoned before the court, at which time they shall be returned to the person entitled to original possession.

§ 60-105 Tobacco products.

[Amended 11-8-2010 ATM, approved 2-10-2011; 5-29-2013 STM, approved 10-8-2013]

No person shall smoke or otherwise use a tobacco product on any public school playground or athletic field nor any Recreation Department playground or athletic field. For purposes of this section the following definitions shall apply:

SMOKING

Inhaling, exhaling, or burning any tobacco product.

TOBACCO PRODUCT

Cigarettes, cigars, pipe tobacco or tobacco in any of its forms.

§ 60-107 Marijuana establishments.

[Added 5-2-2018 STM, approved 7-9-2018[1]]

A. Consistent with MGL c. 94G, § 3(a)(2), all types of marijuana establishments, except for marijuana retailers, both as defined in MGL c. 94G, § 1, shall be prohibited within the Town of Belmont; provided, however, that a Registered Marijuana Dispensary shall not be deemed to be a marijuana establishment.

B. Consistent with MGL c. 94G, § 3(a)(2), the number of Marijuana Retailers in Belmont shall not exceed a number that is equal to 20% of the number of licenses issued within the Town of Belmont for the retail sale of alcoholic beverages not to be drunk on the premises where sold under MGL c. 138, § 15, as implemented in Belmont pursuant to Chapter 16 of the Acts of 2014, as amended by Chapter 147 of the Acts of 2017, and, if that number is not a whole number, it shall be rounded up to the next higher whole number.

[1] Editor's Note: This article was also approved at the 9-25-2018 Special Town Election.

§ 60-110 Discharge of firearms.

No person, except in the performance of some legal duty or in the lawful defense of a person or property, shall discharge any firearm within the Town.

§ 60-115 Violations and penalties.

[Amended 11-8-2010 ATM, approved 2-10-2011]

In addition to the provisions for enforcement described above, the provisions of §§ 60-100A and 60-105 of this article and any regulations promulgated thereunder may also be enforced by noncriminal disposition as provided in MGL c. 40, § 21D ("§ 21D"). The penalty for such violation shall be $300 for each offense. Each day or part thereof shall constitute a separate offense.

A. "Enforcing person" as used in this section shall mean any police officer of the Town, the Director of Public Works and any other Town employee designated by the Select Board as an enforcing person.

B. An enforcing person taking cognizance of a violation of § 60-100A or 60-105 or any rule or regulation adopted thereunder shall give the offender a written notice to appear before the Clerk of the District Court having jurisdiction thereof for the noncriminal disposition thereof in accordance with the provisions of § 21D. The provisions of § 21D are incorporated herein by this reference.