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On October 18, 2010, Westford at a Special Town meeting voted to amend the General Bylaws by adopting a new bylaw regulating the public use and consumption of marijuana, as follows:
Chapter 124: Public Consumption of Marijuana
§124.1. Definitions The following definitions shall apply in the interpretation and enforcement of this bylaw.
Marijuana shall mean marijuana (or tetrahydrocannabinol) as defined in Massachusetts General Laws Chapter 94C, Section 1 as amended. Consume shall mean taking into the human body by means of inhalation, ingestion, absorption or injection.
§124.2. Public Consumption prohibited. No person shall burn, smoke, ingest, or otherwise use or consume marijuana or tetrahydrocannabinol (as defined in Massachusetts General Laws Chapter 94C, Section 1, as amended) while in or upon any area owned by or under the control of the Town, including but not limited to, any street, sidewalk, public way, footway, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, school, school grounds, cemetery, or parking lot; or in or upon any bus or other passenger conveyance operated by a common carrier; or in or upon any place accessible to the public, including any person in a motor vehicle while it is in, or upon any public way or any way to which the public has a right of access within the Town.
§124.3. Seizure of marijuana in violation. Any marijuana or tetrahydrocannabinol burned, smoked, ingested, or otherwise used or consumed in violation of this bylaw shall be seized, held, and disposed of in accordance with Massachusetts General Laws Chapter 94C, Section 47A.
§124.4. Identification of person(s) found in violation. Whoever is found in violation of this bylaw shall, when requested by an official authorized to enforce this bylaw, state his or her true name and address to said official.
§124.5. Enforcement. This bylaw 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 Massachusetts General Laws Chapter 40, Section 21, or by non-criminal disposition pursuant to Massachusetts General Laws Chapter 40, Section 21D, by the Board of Selectmen, the Town Manager, or their duly authorized agents, or any police officer.
§124.6. Penalties.
The fine for a violation of this bylaw shall be $300 for each offense. A penalty imposed under this bylaw shall be in addition to any civil penalty imposed under Massachusetts General Laws Chapter 94C, Section 32L. An offender under the age of 18 that violates this bylaw shall be subject to forfeiture and a $100 fine, provided he or she also completes a drug awareness program which meets the criteria set forth in Massachusetts General Laws Chapter 94C, Section 32M. The parents or legal guardian of any offender under the age of 18 shall also be notified of the offense, as set forth in Massachusetts General Laws Chapter 94C, Section 32N, and informed of the drug awareness program and community service requirements. If an offender under the age of 18 fails within 1 year of the offense to complete both a drug awareness program and the required community service, the $100 fine for violation of the bylaw may be increased to $300 and the offender and his or her parents shall be jointly and severally liable to pay that amount. A fine of $300 shall also be imposed for offenders under the age of 18 for each subsequent offense of this bylaw.
And that the Town add an entry in Chapter 1, Section 1.4 of the General Bylaws, as follows:
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Chapter
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Enforcing persons
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Offense
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Penalty
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Chapter 124 Public Consumption of Marijuana
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Selectmen, Town Manager, any police
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1st and each subsequent
Offense
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$300
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Chapter 124 Public Consumption of Marijuana by a person Under 18 but over 14 years of age
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Selectmen, Town Manager, any police
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1st Offense
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$100 and
complete
drug
awareness
program
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Chapter 124 Public Consumption of Marijuana by a person Under 18 but over 14 years of age
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Selectmen, Town Manager, any police
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Failure to complete the
drug awareness program
and each subsequent
offense
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$300
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