Smoking marijuana, or any other matter or substance that contains marijuana, shall be prohibited at all times in all public places within the jurisdictional limits of the Town of Millsboro.
[HISTORY: Adopted by the Town Council of the Town of Millsboro 12-4-2023. Amendments noted where applicable.]
Within the jurisdictional limits of the Town of Millsboro, no person shall operate, maintain or otherwise be engaged in any entity defined as a marijuana establishment (including a marijuana product manufacturing facility, marijuana testing facility, marijuana cultivation facility, and retail marijuana store, as such establishments are defined in 4 Del.C. § 1302) or any entity operating a commercial establishment, such as a marijuana smoking lounge or cafe, that allows patrons to consume, smoke or partake in marijuana products. The foregoing prohibition shall apply to for profit and non-profit entities alike.
Any person who shall violate or fail to conform to any of the provisions of this chapter shall be subject to monetary penalties under this section, in such amount per violation as shall be set annually by resolution of the Town Council, as well as the Town's costs and expenses, including reasonable attorneys' fees, incurred to enforce the provisions of this chapter and/or to collect the penalties or any other fees, costs or expenses imposed hereunder. Penalties assessed for a violation of this chapter shall be considered civil penalties and any action brought for the recovery of the penalties by the Town shall be brought in any civil court of competent jurisdiction.