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not covered by the Town's State Revolving Fund loan for the project, this article seeks to reauthorize the remaining funds ($22,589.61 as of 1-1-09) from a $40,000 appropriation for such purposes which was approved under Article 10 at the October 1999 Annual Town Meeting and reauthorized under Article 10 at the May 2003 Annual Town Meeting and Article 15 at the May 2006 Annual Town Meeting. The Board of Selectmen recommends approval by a vote of 5-0. The Finance Committee to make recommendation at Town Meeting. Motion to be made by Selectman Wayne Taylor. Motion: I move the Town vote to reauthorize the Sewer Commission Facilities Plan Account. Motion passes unanimously at 8:09PM. Article 12 To see if the Town of Mashpee will vote to establish a By-Law prohibiting the public consumption of marijuana and tetrahydrocannabinol (THC) by adopting the following language, or take any other action relating thereto; No person shall, smoke, ingest, or otherwise use or consume marijuana or tetrahydrocannabinol (THC), as defined in M.G.L. c. 94C§1 as amended, while in or upon any street, sidewalk, public way, footway, passageway, stairs, bridge, park, playground, beach, pond, lake, waterway of any kind, recreation area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any area owned or under the control of the town; or in or upon any bus or other passenger conveyance operated by a common carrier; or in anyplace 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 M.G.L. c.40 §21, by the Board of Selectmen, the Town Manager, or their duly authorized agents, or any police officer. The fine for violation of this By-Law shall be three hundred dollars ($300.00)for each offense. Any penalty imposed under this By-Law shall be in addition to any civil penalty imposed for a violation of M.G.L. c. 94C§32L. Submitted by Mashpee Police Chief Explanation: This Warrant Article would enact a new Town By-Law that would regulate the public consumption of Marijuana and THC, in much the same manner as we now regulate the public consumption of alcohol. As you are aware, the voters of the Commonwealth, via referendum, have decriminalized the possession of one ounce or less of marijuana. The new regulations, contained in M.G.L. Chapter 94C §34L provide for a $100.00 civil fine for the possession of one ounce or less of marijuana. The new law does not address however, the smoking of marijuana in public areas, such as public parks, public streets, etc. I would suggest that theup blit consumption of marijuana, in areas where children and young adults gather, is not something that should be encouraged or condoned. This proposed By-Law would provide the members of the Mashpee Police Department with the tools necessary to stop this behavior in 73 1