Notice of Public Hearing
Proposed Amendment to New Shoreham General Ordinances
Chapter 10 Miscellaneous Offenses, New Article 10-20 “Prohibited Consumption of Cannabis in Public”
Monday, June 5, 2023
Town Hall, 16 Old Town Road
Block Island, RI 02807
7:00 p.m.
The New Shoreham Town Council will consider amendments to the General Ordinance creating a new Article #10-20 Prohibited Consumption of Cannabis in Public, under Chapter 10 Miscellaneous Offenses. The proposed language may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any alteration or amendment must be presented for comment in the course of the hearing.
Sec. 10-20. Prohibited Consumption of cannabis in public.
A. Purpose
1. The purpose of this section is to prohibit the use of cannabis in public places.
B. Authorization
1. Under Rhode Island General Laws §21-28.11-16(b), any city or town may adopt ordinances that ban or impose restrictions on the smoking or vaporizing of cannabis products in public places.
C. Definitions
1. For the purposes of this section, the following terms have the following meanings:
i. “Public place” means any public property or place to which the public or a substantial group of persons has access, including, but is not limited to, any public park, public beach, public waterways, recreational fishing areas, public recreation trails, public facilities, transportation facilities used by the public, public waterways, pavilions and open air venues where the public congregates or recreates, any municipal parking lot or property, municipal buildings, theaters, public pools, playgrounds, skate park, athletic fields and courts, public and private school grounds, any place of amusement, common areas, including any public ways, streets, alleys, highways, bridges and walkways. Athletic fields shall include any playing field, ballfield, basketball court, tennis court or any other property where sports activities occur.
ii. “Smoke or vaporize” means inhaling, exhaling, burning or carrying any lighted or vaporized cannabis in any manner or form.
iii. “Cannabis products” means any product that has been manufactured and contains cannabis or an extract from cannabis, including concentrated forms of cannabis and products composed of cannabis and other
ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils, and tinctures.
D. Enforcement
1. No person shall smoke or vaporize cannabis products in any public place.
2. Nothing in this section shall preclude the Town or any law enforcement officer of any jurisdiction from charging an offender for a violation of any other applicable law or ordinance arising from the offender’s prohibited conduct.
3. Nothing in this section shall be construed to prohibit the transportation of cannabis or cannabis products.
4. Violations shall be prosecuted in the Warden’s Court.
E. Penalties
1. Any person who violates this section is liable for a civil fine of one-hundred ($100.00) dollars. Each use shall be deemed a separate violation and each shall be subject to a separate civil fine.
Posted: May 8, 2023
Hearing: June 5, 2023
Adopted:
Posted:
Attest: Millicent McGinnes Highet, MMC
Town Clerk