[Added 8-16-2021 by Ord.
No. 2021-09]
a. Pursuant
to section 31(b) of the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),
all cannabis establishments, cannabis distributors or cannabis delivery
services are hereby prohibited from operating anywhere in Borough
of Fair Haven, except for the delivery of cannabis items and related
supplies by a delivery service.
b. Pursuant to Borough Code Section
30-5.3b24, the operation of Cannabis Cultivators, Cannabis Distributers, Cannabis Manufacturers, Cannabis Wholesalers, Cannabis Retailers, and Cannabis Delivery Services are prohibited uses in all zones within the Borough of Fair Haven.
[Added 8-16-2021 by Ord.
No. 2021-09]
a. It
shall be unlawful for any person to consume a cannabis item available
for lawful consumption pursuant to the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act in any public
place as defined in said Act, including any public highway, public
street, public sidewalk, public parking lot or lot, playground, park
or other property owned by, belonging to or over which the Borough
has control, other than school property for which unlawful consumption
is a disorderly persons offense, or when not prohibited by the owner
or person responsible for the operation of that public place.
b. Any person violating this Section
8-2 shall be subject to a civil penalty of up to $200, which shall be recovered in a civil action by a summary proceeding in the name of the Borough pursuant to the Penalty Enforcement Law of 1999. The Municipal Court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.
[Added 8-16-2021 by Ord.
No. 2021-09]
a. It
shall be unlawful for any person under the legal age who, without
legal authority, knowingly possesses or knowingly consumes a cannabis
item on private property.
b. Any person violating this Section
8-3, in the case of an adult under the legal age to purchase cannabis items, shall be punished as follows:
1. If the cannabis item possessed is an amount which may be lawfully
possessed by a person of the legal age to purchase cannabis items
pursuant to N.J.S.A. 2C:35-10a: for a first offense, a civil penalty
of $100; for a second offense, a civil penalty of $200; and for a
third or subsequent offense, a fine of $350. The civil penalties provided
for in this section shall be recovered in a civil action by a summary
proceeding in the name of the municipality pursuant to the Penalty
Enforcement Law of 1999. The Municipal Court shall have jurisdiction
of proceedings for the enforcement of the penalty provided by this
section.
2. If the cannabis item possessed is an amount that exceeds what may
be lawfully possessed by a person of the legal age to purchase cannabis
items pursuant to N.J.S.A. 2C:35-10a, or if any cannabis item is consumed:
for a first offense, a fine of $250; and for a second or subsequent
offense, a fine of $350.