On August 17, 2009, West Springfield's Town Council voted unanimously to amend the General Ordinances by adding a new chapter as follows:

TITLE 

PUBLIC CONSUMPTION OF MARIJUANA

OR

TETRAHYDROCANNABINOL PROHIBITED 

SECTION 1.   Purposes:         The purpose of this Ordinance is to prohibit the use of Marijuana or tetrahydrocannabinol in public places and areas open to the public.

SECTION 2.   Application:      No person shall smoke, ingest, or otherwise use or 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, public  lands and grounds, schoolhouses, school lands and grounds, 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 retail establishment or  other place accessible to the general public.

Any person using or having in his possession marijuana or tetrahydrocannabinol shall, upon request of a police officer, provide to said officer his legal name and current residential address.

SECTION 3.   Enforcement:  This Ordinance shall be enforced by police officers of the Town of West Springfield either by criminal disposition or non-criminal disposition.  The use of one method of disposition shall not prevent or restrict the use of the other for subsequent violations.

SECTION 4.   Penalty:

a)  The penalty for a criminal disposition of this Ordinance shall be Three Hundred and 00/100 ($300.00) Dollars for each violation.

b)  The penalty for a non-criminal disposition of this Ordinance shall be One Hundred Fifty and 00/100 ($150.00) Dollars for             the first offense and Three Hundred and 00/100 ($300.00) Dollars for the second and subsequent offenses.

c)  The penalties imposed in this section shall be in addition to any penalty imposed under Massachusetts General Laws, c. 94C, § 32L.