On a vote of 13 to 2 the City Council amended Chapter 54 of the Revised Code of Ordinances of the City of Holyoke, Massachusetts 1997 Chapter 54 entitled "Offenses and Miscellaneous Provisions" by adding the following:


Sec. 54-18 Public Consumption of Marijuana or Tetrahydrocannabinol

(a) Prohibited. No person shall smoke, ingest, or otherwise use or consume marijuana or tetrahydrocannabinol (as defined in G.L c.94C, Sec. 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 by or under the control of the town; or in or upon any bus or other passenger conveyance operated by a common carrier; or in any place accessible to the public.

(b) Fine. This ordinance may be enforced through any lawful means in law or in equity including, but not limited to, enforcement by criminal indictment or complaint pursuant to M.G.L. c.40, Sec. 21, or by no-criminal disposition pursuant to M.G.L. C.40, Sec. 21D, by any police officer. The fine for violation of this ordinance shall be three hundred dollars ($300.00) for each offense. Any penalty imposed under this ordinance shall be in addition to any civil penalty imposed under M.G.L. C.94C, Sec. 32L.