Chapter 9.95
PUBLIC CONSUMPTION OF MARIJUANA
Sections:
9.95.050 Administrative enforcement procedures—Notice to correct.
9.95.010 Title.
This chapter shall be known as the “Public Consumption of Marijuana Ordinance.” (Ord. 881 § 2 (part), 1997)
9.95.020 Prohibition.
The consumption of marijuana otherwise permitted by California Health and Safety Code Section 11362.5 is prohibited on any public property or in any facility or space to which members of the public have access. (Ord. 881 § 2 (part), 1997)
9.95.030 Enforcement.
A. This title shall be enforced pursuant to the provisions of Chapters 1.08 through 1.10, inclusive, of Title 1 of the Folsom Municipal Code.
B. The chief of police shall enforce the provisions of this chapter. (Ord. 881 § 2 (part), 1997)
9.95.040 Penalties.
A. A violation of this chapter shall be an administrative violation as defined in Section 1.08.020. In addition to enforcement by any procedure set forth in Chapters 1.08 through 1.10, inclusive, any violation of this chapter shall be punishable as a misdemeanor, which shall be punishable by a fine not to exceed one thousand dollars, or by imprisonment in the county jail for not more than six months, or by both fine and imprisonment.
B. Each of the sanctions for administrative violations identified in Section 1.09.013 of Chapter 1.09 shall be available for enforcement of the provisions of this chapter.
C. In addition to the criminal penalty set forth in Section 9.95.040(A) of this chapter, based upon the criteria for the imposition of administrative sanctions set forth in Section 1.09.014, a violation of a provision of this chapter shall be deemed a Level B violation, as that term is described in Section 1.09.012. The range of monetary sanctions available for a violation of this chapter shall be as set forth in Section 1.09.012(A)(2). (Ord. 881 § 2 (part), 1997)
9.95.050 Administrative enforcement procedures—Notice to correct.
A. If administrative enforcement procedures are to be used in place of criminal prosecution, prior to any such enforcement action pursuant to this chapter, the enforcement authority shall follow the procedures set forth in Sections 1.09.020 through 1.09.048, inclusive. The rights to judicial review set forth in Sections 1.09.050 through 1.09.059, inclusive, shall apply.
B. A notice to correct shall not be required to commence the administrative hearing procedures set forth in Chapters 1.08 through 1.10. Pursuant to Section 1.09.024(A), a notice of administrative violation shall be served in accordance with the provisions of Section 1.09.027. (Ord. 881 § 2 (part), 1997)