[HISTORY: Adopted by the Borough Council of the Borough of
Carlisle as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-10-2020 by Ord. No. 2371, approved 12-10-2020]
[1]
Editor's Note: Former § 110-1, Findings and legislative
intent, was repealed 12-1-2021 by Ord. No. 2392.
The following words or phrases, unless the context clearly indicates
otherwise, shall have the meanings ascribed to them in this section:
All forms or varieties of the genus Cannabis, whether growing
or not, as defined by Pennsylvania's Controlled Substance, Drug, Device,
and Cosmetic Act, 35 P.S. § 780-101 et seq.
Any device, instrument, apparatus or object used, intended
to be used, or designed to be used for introducing marijuana into
the human body or for storing, containing, concealing or transporting
marijuana.
A street, alley, park, sidewalk, a vehicle in or upon any
street, alley, park or parking area, or any other place to which the
public is invited.
Thirty grams or less of marijuana or eight grams or less
of hashish as set forth in Pennsylvania's Controlled Substance, Drug,
Device, and Cosmetic Act, 35 P.S. § 780-101 et seq.
Inhaling, exhaling, vaporizing, burning or carrying any lighted
cigarette, cigar, pipe or other such device which contains marijuana
or marijuana extracts.
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 individual shall be in possession of a small amount of
marijuana.
B.
It shall be a summary offense violation of this section to be in
possession of a small amount of marijuana.
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 individual shall smoke a small amount of marijuana in
a public space.
B.
It shall be a summary offense violation of this section to smoke
a small amount of marijuana in a public space.
A.
So long as drug paraphernalia includes objects used in connection
with marijuana possession or use 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 individual shall
be in possession of marijuana paraphernalia.
B.
It shall be a summary offense violation of this section to be in
possession of marijuana paraphernalia.
A.
The penalty for a violation of § 110-3B by an individual shall be a civil fine of $25 for each violation.
B.
The penalty for a violation of § 110-4B by an individual shall be a civil fine of $100 for each violation.
C.
The penalty for a violation of § 110-5B by an individual shall be a civil fine of $25 for each violation.
D.
The court may, in its discretion, suspend the fine imposed under
this section if the individual found liable agrees to and does, in
fact, perform such community service, as the court deems appropriate,
of as much as four hours for a determination of liability for possession
of a small amount of marijuana or possession of marijuana paraphernalia
and of as much as eight hours for smoking a small amount of marijuana
in a public space.
A.
A citation issued under this article shall be enforced in accordance
with the procedures established by the Carlisle Police Department
for enforcement of summary violations.
B.
This article shall not be construed to supersede any existing Pennsylvania
or federal law. Carlisle police officers retain the authority to enforce
any applicable laws.
[Amended 12-1-2021 by Ord. No. 2392, approved 12-1-2021]
Beginning upon the effective date of this article and for five
years after the effective date of this article, the Carlisle Borough
Police Department shall provide monthly, by the first day of each
month to the Borough Manager for distribution to Borough Council,
a publicly available report which shall include, but not be limited
to, the following:
A.
The total number of citations issued for violation of this article;
B.
The gender and race of each offender;
C.
The total number of repeat offenders that have been cited since the
date of enactment of this article;
D.
Any challenges that have been encountered in the course of enforcing
this article;
E.
Any recommendations to improve upon the administration and enforcement
of this article; and
F.
Any additional information or data as may be requested by the Borough
Manager.
[1]
Editor's Note: Former § 110-9, Expiration of provisions,
was repealed 12-1-2021 by Ord. No. 2392.
