INTRODUCED BY WARD THREE COUNCILLOR KEVIN F COUGHUN

CITY OF QUINCY

IN COUNCIL

ORDER NO.

ORDERED:  2009-024

Be It Ordained by the Quincy City Council that the Quincy Municipal Code is amended as follows: in Title 9 Public Peace and General Welfare by adding a new chapter:

Chapter 9.24 CONTROLLED SUBSTANCE ORDINANCE

PUBLIC CONSUMPTION OF MARIJUANA OR TETRAHYDROCANNABINOL

9.24.010 Prohibition

No person, whether in or upon a vehicle, motor vehicle, conveyance or in or upon any bus or other passenger conveyance operated by a common carrier, or on foot, shall burn, 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, schoolhouse, school grounds. cemetery, parking lot. or any area owned by or under the control of the city; or in any place accessible to the public.

9.24.020 Enforcement

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 G.L. c. 40, § 21, or by non-criminal disposition pursuant to G.L. c. 40, § 21D, by any police OfficeL Whoever is found in violation of this ordinance shall, when requested by an official authorized to enforce this ordinance, state his true name and address to said official. The fine for violation of this ordinance shall be one hundred dollars ($100.00) for the first offense and two hundred dollars for each subsequent offense. Any penalty imposed under this ordinance shall be in addition to any civil penalty imposed under G.L. c. 94C, § 32L. Said fines shall inure to the benefit of the City of Quincy. 

9.24.030 Seizure of Controlled Substances

All controlled substances being used in violation of this chapter shall be seized and held until final adjudication of the violation whereupon they will be destroyed by the police department.

9.24.040 Parental Notification

With respect to any person under the age who violates this chapter, a notice of said violation shall be delivered to at least one of that violator's parents having custody of said violator, or, in the case where there is no such custodial parent, to that violator's legal guardian at said parent or legal guardian's last known address.

9.24.050 Severability

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are severable.

9.24.060 Effect

This ordinance shall take effect upon passage.

                                                                                                PASSED TO BE ORDAINED APRIL 21. 2009

                                                                                                ATTEST:

Approved by the Mayon on April 23, 2009