[HISTORY: Adopted by the Board of Supervisors
of the Township of East Norriton as indicated in article histories.
Amendments noted where applicable.]
[Adopted 8-27-1990 by Ord. No. 292]
The Township of East Norriton has evidenced
its intent to participate in the Municipal Drug Task Force activities
in cooperation with the commonwealth's Office of the Attorney General
designed to interdict the illegal use and trafficking of narcotics
and other illegal drugs within its municipal boundaries as well as
within the boundaries of nearby communities.
The Agreement[1] may include intergovernmental cooperative activities with
adjacent and nearby municipal governments as part of a regional effort
to interdict illegal drug activities.
[1]
Editor's Note: The Municipal Drug Task Force
Agreement (hereinafter referred to as the "Agreement") is on file
for inspection and review in the Township offices, together with the
Municipal Police Cooperative Agreement.
The Township of East Norriton of Montgomery
County shall utilize the services of its police force, both full-time
as well as part-time, under the conditions set forth in the Agreement
and in compliance with the Municipal Police Jurisdiction Act, 42 Pa.C.S.A.
§ 8953.
The Township of East Norriton of Montgomery
County shall establish, pursuant to the terms of the Agreement which
is attached hereto and incorporated as a part of this article, appropriate
procedures to comply with all relevant provisions of the Agreement
and relevant regulations, direction and guidance from the Office of
the Attorney General.
The term of the Agreement shall commence on
September 1, 1990, and may be terminated at any time upon 30 days'
written notice.
The purpose and objectives of the Agreement
include regionwide coordination of municipal police activities in
an effort to combat illegal narcotics and drug trafficking.
The Agreement shall be financed with the assistance
of funds supplied by the Office of the Attorney General of the Commonwealth
of Pennsylvania.
The organizational structure necessary to implement
the terms of this Agreement shall be covered by directives, procedures
and guidance from the Office of the Attorney General and other area
police departments.
All property, real or personal, acquired, managed
or disposed of pursuant to this Agreement shall be in accordance with
both the terms of the Agreement as well as the directives, procedures
and guidance of the Office of the Attorney General.
The municipality shall retain responsibility
for the management, control and direction of its employees with assistance,
financial or otherwise, from the Office of the Attorney General.
[Adopted 9-22-2020 by Ord. No. 586]
The purpose and intent of this article is to promote the general
safety and welfare of the public by establishing a mechanism to process
the minor nonviolent offenses of personal possession or personal use
of a small amount of marijuana and personal possession of marijuana
paraphernalia within the limits of East Norriton Township and is not
to promote or condone the possession or use of marijuana or marijuana
paraphernalia.
As used in this article, the following terms shall have the
meanings indicated:
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.
Actual physical custody of, or the ability to exercise control
over or have access to, for the sole purpose of one's own personal
use. The term "personal possession" does not include possession with
intent to deliver, distribute, transfer or sell.
Introducing marijuana into one's own body, which includes
smoking, inhaling, exhaling, vaporizing, or burning any lighted cigar,
cigarette, pipe or other such device which contains marijuana or marijuana
extracts.
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. § 780-113(a)(31).
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
as defined in said Act.
C.
Any person who is found in violation of this section of this article
shall be issued a nontraffic summary citation by the Township police
or other authorized law enforcement officer or, alternatively, the
officer can obtain the subject's name and address and later send
the citation by first-class mail, all to be in accordance with the
Pennsylvania Rules of Criminal Procedure.
D.
Any police officer or other authorized law enforcement officer who
observes a violation of this section of this article by a person under
18 years of age 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 personal
possession of a small amount of marijuana or to have been engaging
in personal use of a small amount of marijuana;
(3)
Issue a copy of the citation to the parent or guardian advising that
he or she is responsible for the payment of the violation fine; and
(4)
Provide the parents or guardian with contact information for a local
agency where substance abuse educational and treatment programs are
available.
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 person shall be in
possession of marijuana paraphernalia.
B.
It shall be a violation of this section of this article to be in
personal possession of marijuana paraphernalia.
C.
Any person who is found in violation of this section of this article
shall be issued a nontraffic summary citation by a Township police
officer or other authorized law enforcement officer or, alternatively,
the officer can obtain the subject's name and address and later
send the citation by first-class mail, all to be in accordance with
the Pennsylvania Rules of Criminal Procedure.
D.
Any law enforcement officer who observes a violation of this section
by a person under 18 years of age 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 personal
possession of a small amount of marijuana or to have been engaging
in personal use of a small amount of marijuana;
(3)
Issue a copy of the citation to the parent or guardian advising that
he or she is responsible for the payment of the violation fine; and
(4)
Provide the parents or guardian with contact information for a local
agency where substance abuse educational and treatment programs are
available.
A.
The penalty for first violation, and all subsequent violations, of § 90-13 of this article relating to personal possession of a small amount of marijuana shall be a fine of $100.
B.
The penalty for first violation, and all subsequent violations, of § 90-13 of this article relating to personal use of a small amount of marijuana shall be a fine of $100.
C.
The penalty for first violation, and all subsequent violations, of § 90-14 of this article relating to personal possession of marijuana paraphernalia shall be a fine of $100.
D.
The court may, in its discretion, suspend the fine imposed under
this section if the person found guilty agrees to and does, in fact,
perform such community service as the court deems appropriate, of
as much as 25 hours for a determination of guilt for possession of
a small amount of marijuana or personal possession of marijuana paraphernalia
and 25 hours for personal use of a small amount of marijuana.
A.
A nontraffic summary citation issued under this article shall be
enforced in accordance with the procedures established by the East
Norriton Township Police Department for enforcement of summary violations.
B.
The Chief of Police or his or her designee shall report to the Township
Board of Supervisors regarding implementation of this article on an
annual basis for the first three years following adoption of this
article.
C.
This article shall not be construed to supersede any existing Pennsylvania
or federal law. The East Norriton Township police and law enforcement
officers retain the authority to enforce any applicable laws, and
it is the Board of Supervisors' intent that such law enforcement
officers may undertake custodial arrests where there is probable cause
to believe that a criminal offense other than personal possession
or personal use of a small amount of marijuana or personal possession
of marijuana paraphernalia has been or is being committed.
