[HISTORY: Adopted by the Board of Commissioners
of the City of Margate City as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-17-2021 by Ord. No. 08-2021]
Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16),[1] all classes of cannabis establishments, cannabis distributors
or cannabis delivery services as said terms are defined in Section
3 of P.L. 2021, c. 16,[2] are hereby prohibited from operating anywhere in the City
of Margate City, except for the delivery of cannabis items and related
supplies by a delivery service.
Any person adjudged guilty of the violation of the provisions
of this article shall, upon conviction thereof, be punished by a fine
not exceeding $1,000 or be imprisoned for a term not exceeding 90
days, or both, at the discretion of the Municipal Judge of the City
of Margate City.
[Adopted 6-17-2021 by Ord. No. 09-2021]
A.
City policy. The purpose of this section is to regulate conduct in
public areas affecting the public health, safety and general welfare
by protecting residents of and visitors to the City of Margate City
from the nuisance and health hazards of secondhand marijuana smoke,
and to provide for the public health, safety and welfare by discouraging
the inherently dangerous behavior of smoking marijuana around non-marijuana
users; by protecting the public from nonconsensual exposure to secondhand
marijuana smoke and marijuana-related litter and pollution; and by
affirming the family-friendly atmosphere of public areas in the City
of Margate City.
B.
MARIJUANA
OPEN SPACE
OUTDOOR DINING AREAS
PARKS
PROMENADE
PUBLIC RIGHT-OF-WAY
RECREATION AREA
SCHEDULED PUBLIC EVENTS
SMOKING
SMOKING DEVICE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
All parts of the cannabis plant whether growing or not; the
seeds thereof, and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant or its seeds, resin, or oil.
For purposes of this section, any reference to "marijuana" shall also
include and incorporate by reference regulated cannabis, medical cannabis,
unregulated marijuana and hashish.
Any nature areas, greenbelts, and wildlife and vegetation
habitat areas open to the public.
Dining areas that are not enclosed and part of a restaurant,
business, nonprofit entity, place of employment, and located in any
public place.
Any public parks owned, leased, or utilized by the City of
Margate City.
The elevated public pedestrian walkway constructed over the
municipal right-of-way.
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, waterway, or utility easement in which the
City of Margate City has an interest.
Any areas open to the general public for recreational purposes,
regardless of any fee requirement, including, but not limited to,
public parks, beach and ocean beach areas, children's play areas,
sports fields, playgrounds, tennis and basketball courts, and senior
center outdoor areas.
Any scheduled event within the City of Margate City where
the public is invited, some of which may require a permit, including,
but not limited to, farmers markets, concerts, parades or festivals.
The burning of, inhaling from, exhaling the smoke from, or
the possession of, a lighted marijuana cigarette, pipe, vape, or similar
device, or other matter or substance which contains marijuana or any
other matter that can be smoked, or the inhaling or exhaling of marijuana
smoke or vapor from an electronic smoking device.
Any electronic or other device that can be used to deliver
cannabis, marijuana, or hashish or other related substances to the
person inhaling from the devise, including, but not limited to, an
electronic cigarette, cigar, cigarillo, pipe, or other device used
to consume these products. This definition includes vaping the above-described
products.
C.
Restriction on public consumption of cannabis, marijuana and hashish.
It is unlawful for any person to smoke or otherwise use or consume
marijuana in or on any public open space, outdoor dining area, parks,
public right-of-way, recreation area, promenade, or the area of any
scheduled public event.
D.
Posting of signs. A sign shall be clearly, sufficiently and conspicuously
posted in public areas. The sign(s) shall state "Smoking Marijuana
in Public is Prohibited" or substantially similar language, written
in lettering that is not less than 3/4 inch in height, and shall contain
the citation of this City Code section.
E.
Enforcement. The Margate City Police Department is hereby charged
with the enforcement of this section. All members of the Police Department
are hereby designated as enforcement officers for the purpose of enforcement
of this section.
