[HISTORY: Adopted by the Town Meeting of
the Town of Dalton; amended in its entirety 5-7-2018 ATM by Art. 2.[1] Subsequent amendments noted where applicable.]
No person shall consume any beer, wine, malt, or alcoholic beverage,
nor have in his possession any open containers thereof upon any such
public way, sidewalk or Town-owned land. No person shall, upon any
way or in any place to which the public has a right of access, or
upon any way or in any place to which members of the public have access
as invitees or licensees, or any area owned, leased or occupied by
or otherwise under the control of the Town of Dalton, possess an open
container of marijuana or marijuana products in the passenger area
of any motor vehicle. For the purposes of this section, "open container"
shall mean that the package containing marijuana or marijuana products
has its seal broken or from which the contents have been partially
removed or consumed and "passenger area" shall mean the area designed
to seat the driver and passengers while the motor vehicle is in operation
and any area that is readily accessible to the driver or passenger
while in a seated position; provided, however, that the passenger
area shall not include a motor vehicle's trunk, locked glove
compartment or the living quarters of a house couch or house trailer,
or if a motor vehicle is not equipped with a trunk, the area behind
the last upright seat or an area not normally occupied by the driver
or passenger.
Violators of this bylaw shall be subject to a fine of not more than $300 for each offense or be subject to noncriminal disposition of the offense under Chapter 1.
The following definitions shall apply to this bylaw:
Marijuana or tetrahydrocannabinol as defined in MGL c. 94C,
§ 1, as may be amended.
Products that have been manufactured and contain marijuana
or an extract from marijuana, including concentrated forms of marijuana
and products composed of marijuana and other ingredients that are
intended for use or consumption, including edible products, beverages,
topical products, ointments, oils and tinctures, as defined in MGL
c. 94G, § 1, as may be amended.
No person shall smoke, burn, vaporize, ingest or otherwise use
or consume marijuana or marijuana products while in or upon any public
place, including but not limited to any public way or any way to which
the public has a right of access, street, sidewalk, footway, passageway,
stairway, bridge, park, playground, recreation area, boat landing,
public building, schoolhouse, school grounds, cemetery, parking lot,
or any area owned, leased or occupied by or otherwise under the control
of the Town of Dalton, or any place to which members of the public
have access as invitees or licensees, or in or upon any bus or other
passenger conveyance operated by a common carrier; or in or upon any
other place accessible to the public.
This bylaw may be enforced through any lawful means in law or
in equity including, but not limited to, enforcement by noncriminal
disposition pursuant to MGL c. 94C, § 21N,[1] and MGL. c. 40, § 21D, by the Select Board,
the Town Manager, or their duly authorized agents, or any police officer.
The penalty for violation of this bylaw shall be $300 for each offense.
Any penalty imposed under this bylaw shall be in addition to any civil
penalty imposed under MGL c. 94C, § 32L.
[1]
Editor's Note: So in original. See MGL c. 94C § 32N.
In the event that any provision, section or clause of this bylaw
is hereafter judicially found to be invalid, such decision, invalidity
or voidance shall not affect the validity of the remaining portion
of these regulations.
