[Added 9-9-2021 by Ord.
No. 21-14]
As used in this article, the following terms shall have the
meanings indicated:
Any usable cannabis, cannabis product, cannabis extract,
and any other cannabis resin. "Cannabis item" does not include: any
form of medical cannabis dispensed to registered qualifying patients
pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act,"
P.L. 2009, c. 307 (N.J.S.A. 24:6I- 1 et al.) and P.L.2015, c. 158
(N.J.S.A. 18A:40-12.22 et al.); or hemp or a hemp product cultivated,
handled, processed, transported, or sold pursuant to the "New Jersey
Hemp Farming Act," P.L.2019, c.238 (N.J.S.A. 4:28-6 et al.).
Any place to which the public has access that is not privately
owned; or any place to which the public has access where alcohol consumption
is not allowed, including, but not limited to, a public street, road,
thoroughfare, sidewalk, bridge, alley, plaza, park, playground, swimming
pool, shopping area, public transportation facility, vehicle used
for public transportation, parking lot, public library, or any other
public building, structure, or area.
No person of the legal age to consume cannabis items shall consume,
other than by smoking, vaping, or aerosolizing, a cannabis item available
for lawful consumption pursuant to the "New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act," P.L. 2021,
c.16 (N.J.S.A. 24:6I-31 et al.), in any public place as defined in
Section 3 of that act (N.J.S.A. 24:6I-33) this prohibition shall not
extend to school property described in Section 1 of P.L. 1981, c.
197 (N.J.S.A. 2C:33-16), 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.
Any person violating this section 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 municipality pursuant to
the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (N.J.S.A. 2A:58-10
et seq.). The Municipal Court and the Superior Court shall have jurisdiction
of proceedings for the enforcement of the penalty provided by this
section.
