[Adopted 9-13-2022 by Ord. No. 4-2022]
[1]
Editor's Note: The title of this article was changed from
"Limitations on Enforcement" to "Limitations on Enforcement and Local
Administration of Code" 6-13-2023 by Ord. No. 3-2023.
No police officer or other person acting under color of law
on behalf of Upland Borough or using resources or assets belonging
to Upland Borough shall conduct any investigation, make any arrest,
file any criminal charges, cooperate with any other officer, agent,
agency, or department, or participate in any prosecution in which
a person is accused of facilitating, providing, or receiving abortion
services with the consent of the pregnant person during the first
24 weeks of any pregnancy, or when the life or health of the pregnant
person is endangered by continuation of the pregnancy.
[Added 6-13-2023 by Ord. No. 3-2023]
A.
Purpose. 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 i) purchase or attempt to purchase, ii) be
in possession of, or iii) smoke a small amount of marijuana or possess
marijuana paraphernalia in the Borough of Upland, Delaware County,
Pennsylvania. The purpose and intent of this section 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 the Borough of Upland
and is not to promote or condone the possession or use of marijuana
or marijuana paraphernalia.
B.
Offense defined. The following shall be a civil violation of this
section:
(1)
Purchasing or attempting to purchase a small amount of marijuana;
(2)
Possessing a small amount of marijuana or marijuana paraphernalia;
or
(3)
Smoking a small amount of marijuana; provided, however, that this
section shall not apply to any of these violations to the extent that
they take place within or on the grounds of any public library or
any public, private, or parochial elementary or secondary school,
which shall be charged as criminal violations under the Pennsylvania
State Criminal Statutes.
C.
MARIJUANA or MARIHUANA
MARIJUANA PARAPHERNALIA
MINOR
PUBLIC SPACE
SMALL AMOUNT OF MARIJUANA
SMOKING
Definitions. As used in this section, the following terms shall have
the meanings as indicated
All forms and/or varieties of the genus Cannabis, whether
growing or not, as defined by 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. Exempted from this definition
is "medical marijuana" as that term is defined and used by the Medical
Marijuana Act, 2016, April 17, P.L. 84, No. 16, § 103.[1]
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.
Any individual under the age of 18 years at the time of violation
of this section.
Any street, alley, highway, traffic way, park, sidewalk,
or a vehicle in or upon any of the referenced areas, or any other
place to which the public is invited.
Thirty grams or less of marijuana.
Inhaling, exhaling, burning or carrying any lighted cigarette,
e-cigarette, vaporizer, cigar, pipe, water pipe, or other such delivery
device which contains marijuana.
[1]
Editor's Note: See 35 P.S. § 10231.103.
D.
Violations and remedies. Any person who is found in violation of
this section of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Borough, pay a
judgment of no less than $50 and no more than $300, plus all court
costs, including reasonable attorney's fees incurred by the Borough.
If the defendant neither pays nor timely appeals the judgment, the
Borough may enforce the judgement pursuant to the applicable rule
of civil procedure.
E.
Violations by minors.
The officer who identifies a violation of this section by a
minor shall:
(1)
Temporarily detain the minor and follow existing procedures for the
handling of a summary offense by a minor;
(2)
Advise the parent or guardian that the minor was found to be purchasing
or attempting to purchase a small amount of marijuana; possessing
a small amount of marijuana or marijuana paraphernalia; or smoking
a small amount of marijuana; and
(3)
Issue a civil complaint or nontraffic citation to the minor.
F.
Enforcement.
(1)
It is the intent of Council that Upland Borough Police may exercise
their lawful authority to enforce this section when a violation occurs
in the officer's presence within the Borough.
(2)
A civil complaint or nontraffic citation issued under this section
shall be enforced consistent with rules of civil procedure as in effect
in the Commonwealth of Pennsylvania as the same may be amended from
time to time or the procedures established in Chapter 4 of the Pennsylvania
Rules of Criminal Procedure, Procedures in Summary Cases, Parts A
and B, Pa.R.Crim.P. 401 through 414, respectively.
(3)
This section shall not be construed to supersede any existing Pennsylvania or federal law. Upland Borough police officers retain the authority to enforce the applicable statutory laws. It is the intent of Council that police officers may: A) conduct any lawful search when there is probable cause to believe that a criminal offense has been or is being committed; and B) make a custodial arrest when there is probable cause to believe a criminal offense other than one of the violations described in § 31-14B has been or is being committed.
