YARMOUTH: (62%) ATM on May 4 approved:

 113-1.    Use of Marijuana in Public.

No person shall smoke, ingest, or otherwise consume marijuana or tetrahydrocannabinol (as defined in G.L.c. 94C, 1, as amended) while in or upon any street, sidewalk, public way, footway, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any area owned or under the control of the Town of Yarmouth or the Dennis Yarmouth Regional School District; or in or upon any bus or other passenger conveyance operated by a common carrier; or in any place accessible to the public.

•113-2.    Providing Name, Address and Date of Birth.

Upon request by any duly sworn Police Officer, any person charged with violating this Chapter shall provide their true name, address and date of birth.

•113-3.    Arrest of Willful Violators.

Any person who, in the presence of a police officer, remains in or upon a street, sidewalk, public way, footway, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any area owned or under the control of the Town of Yarmouth or the Dennis Yarmouth Regional School District; in willful violation of this Chapter after being ordered to cease said violation by any police officer, town official, or public employee having authority over such area, may be arrested without a warrant.

•113-4.    Penalty.

Any person violating this chapter shall be punished by a fine not to exceed three hundred ($300.00) Dollars.

Any marijuana or tetrahydrocannabinol found by a law enforcement officer in the enforcement of this chapter shall be seized and disposed of in accordance with law.  Any penalty imposed under this Chapter shall be in addition to any civil penalty imposed under G.L.c. 94C, 32L.

•113-5.    Severability.

The provisions of this Chapter are severable.  If a word, phrase, clause, sentence, paragraph, subsection, section, or other provision is determined to be invalid or it is determined that the application of any part of the provision to any Person or circumstance is invalid, the remaining provisions and the application of those provisions to other Persons or circumstances are not affected by that decision.