[HISTORY: Adopted by the Town Meeting of the Town of Plainville 12-2-2019 STM by Art. 8. Amendments noted where applicable.]
A. 
No person shall smoke, vape, ingest, or otherwise use or consume marihuana (marijuana) or tetrahydrocannabinol (as defined in MGL c. 94C, § 1, as amended) or marijuana products, while in or upon any public place, including but not limited to any street, sidewalk, public way or any way to which the public has a right of access, footpath, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any area owned, leased, occupied by or otherwise under the control of the Town of Plainville, or any place to which members of the public have access as invitees or licensees or any of its boards or officers, or in or upon any bus or other passenger conveyance operated by common carrier, or in any other place accessible to the public, or any private land, building, structure or place without the consent of the owner or person in control thereof; provided, however, that this bylaw shall not be construed to limit the medical use of marijuana.
B. 
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, or any area owned, leased or occupied by or otherwise under the control of the Town of Plainville, possess an open container of marijuana or marijuana products in the passenger area of any motor vehicle. 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 designed 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.
This bylaw may be enforced through any lawful means in law or in equity, including, but not limited to, enforcement by complaint pursuant to MGL c. 40, § 21D, or by noncriminal disposition pursuant to MGL c. 40, § 21D, by the Plainville Board of Selectmen, or its duly authorized agents, or any police officer. Whoever violates this bylaw shall be punished by a fine of $300 for each violation. Any penalty imposed under this bylaw shall be in addition to any civil penalty imposed under MGL c. 94C, § 32L.
In the event that any provision, section or clause of this bylaw is hereafter found to be invalid, such decision, invalidity or voidance shall not affect the validity of the remaining portion of this bylaw.