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By a vote of 64-3, Avon's Special Town Meeting held Wednesday, September 9, 2009 approved amending Section 23 PUBLIC CONSUMPTION OF MARIJUANA OR TETRAHYDROCANNABINOL No person shall smoke, ingest, or otherwise use or consume marijuana or tetrahydrocannabinol (as defined in MGL 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 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. This by-law 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 MGL c. 40, §21, or by non-criminal disposition pursuant to MGL c. 40, §21D*, by the Board of Selectmen, the Town Administrator, or their duly authorized agents, or any police officer. Whoever violated the provisions of this section as it pertains to marijuana or tetrahydrocannabinol shall be punished by a fine not exceeding One Hundred Dollars ($100) for the first offense, Two Hundred Dollars ($200) for the second offense, and Three Hundred Dollars ($300) for any third or subsequential offense. Any penalty imposed under this by-law shall be in addition to any civil penalty imposed under MGL c. 94C, §32L. |


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