CROSS REFERENCES
Drug abuse — See GEN. OFF. Art. 737.
[Ord. 3-2018, passed 1-17-2018]
As used in this article, certain terms are defined as follows:
(a)
DRUG PARAPHERNALIA — As defined by Pennsylvania's Controlled
Substance, Drug, Device and Cosmetics Act set forth at 35 P.S. § 780-102.
(b)
MARIJUANA or MARIHUANA — All forms of/or varieties of the genus
Cannabis Sativa L., whether growing or not, as defined by Pennsylvania's
Controlled Substance, Drug, Device and Cosmetics Act as set forth
at 35 P.S. §§ 780-101 et seq.
(c)
PUBLIC SPACE — A street, park, sidewalk, a vehicle in or upon
any street, alley, park or parking area, or any other place to which
the public is invited.
(d)
SMALL AMOUNT OF MARIJUANA — Thirty grams or less of marijuana
or eight grams or less of hashish as set forth in 35 P.S. § 780-113(a)(31).
(e)
SMOKING — Inhaling, exhaling, burning or carrying any lighted
cigar, cigarette, pipe or other such device which contains marijuana.
"Smoking" includes devices designed to vaporize marijuana or marijuana
extracts.
[Ord. 3-2018, passed 1-17-2018]
(a)
So long as marijuana shall be listed as a controlled substance in
the "Controlled Substance, Drug, Device and Cosmetic Act," 1972, April
14, P.L. 233, No. 64, § 1 et seq., 35 P.S. §§ 780-101
et seq., no person shall be in possession of a small amount of marijuana
and/or possession of drug paraphernalia as defined in said Act.
(c)
Persons who are found in violation of this section shall be issued
a Notice of Violation by the police or other authorized law enforcement
officer. Alternatively, the officer can obtain the subject's
name and address and later send a Notice of Violation by first-class
mail.
(d)
The parent or guardian of a minor under the age of 18 years who violates this Section 714.02 shall also be in violation of this section. The officer who observes a violation of this section by a minor shall:
(1)
Temporarily detain the minor and follow all existing procedures
for the handling of summary offenses committed by a minor;
(2)
Advise the parent or guardian that the minor was found in possession
of a small amount of marijuana;
(3)
Issue a Notice of Violation to the minor and to the parent or
guardian, and advise the parent or guardian that he or she is responsible
for the payment of the violation fine; and
(4)
Provide the parent or guardian with contact information for
the Erie County Department of Human Services or similar agency where
substance abuse education and treatment programs are available.
[Ord. 3-2018, passed 1-17-2018]
(a)
A Notice of Violation issued under this Article 714.01 et seq., shall
be enforced in accordance with the procedures established by the City
of Erie Police Bureau for enforcement of summary violations.
(b)
This Article 714.01 et seq., shall not be construed to supersede
any existing Pennsylvania or Federal law. City of Erie police officers
retain the authority to enforce any applicable laws and it is Council's
intent that police officers may undertake custodial arrests where
there is probable cause to believe that a criminal offense other than
simple possession of a small amount of marijuana and/or drug paraphernalia
has been or is being committed.
[Ord. 3-2018, passed 1-17-2018]
(a)
The penalty for a violation of Subsection 714.02(b)(1) by an adult or minor under the age of 18 shall be a fine of $25 for each violation.
(b)
The penalty for a violation of Subsections 714.02(b)(2) and/or 714.02(b)(3) by an adult or minor under the age of 18 shall be a fine of $100 for each violation. The court may, in its discretion, suspend the fine under this subsection if the person found guilty agrees to and does in fact perform such community service as the court deems appropriate, up to nine hours.
