11-02-2023 Parks_Rec Packet - Laserfiche WebLink

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STAFF REPORT TO: Mayor Fischer and Members of the City Council FROM: Heidi Heller, City Clerk/HR Manager Brian Reimers, Administration Fellow Bryce Shearen, Parks & Rec/Community Services Director DATE: October 11, 2023 RE: Ordinance 879, Enacting City Code Chapter 1209, Tobacco & Cannabis Use on Public Property Ordinance 880, Amending City Code Chapter 2601, Control & Management of Parks and Park Facilities ACTION TO BE CONSIDERED The City Council is asked to consider adopting Ordinance 879 enacting City Code Chapter 1209 prohibiting tobacco and cannabis use in the city, and adopt Ordinance 880, amending City Code Chapter 2601 to prohibit tobacco and cannabis use in parks and update the penalties language. BACKGROUND The City currently does not regulate tobacco use in city parks or other city controlled public property. Ramsey County adopted a smoking and commercial tobacco use ordinance in August 2022 that prohibits tobacco use in all Ramsey County controlled property, and within 25 feet of public places and places of employment. City staff felt it was time to adopt an ordinance prohibiting smoking in Little Canada since cannabis has now become legal in Minnesota. The City Council discussed this proposal at the September 27 Workshop, and all Council members were supportive of moving forward with amending the city code to prohibit tobacco and cannabis use in the city. There was a lot of discussion about what products to prohibit and where they should be prohibited. Staff has drafted Ordinance 879 which creates a new chapter in the city code to prohibit smoking (as defined in the chapter) and use of commercial tobacco products (as defined in the chapter) on any property that is owned, leased, rented, contracted, or otherwise used or controlled by the City. This prohibition includes but is not limited to: all facilities, grounds, parking lots, work areas, vehicles and equipment, off-street paths and trails, park and recreation areas, lands and bodies of water, and nature areas. The ordinance is not prohibiting tobacco and cannabis on any type of pathways that are adjacent to streets, only off-street trails on city used or controlled property. The smoke, vapors and smell from the act of smoking and vaping anything is what bothers people and where the majority of complaints come from, so staff opted to focus on eliminating smoking and all tobacco use. The definition of Commercial Tobacco Product includes any type of tobacco product, including chew, snuff, cigars, e-cigarettes and all electronic delivery devices, so any type of vaping or chewing tobacco is prohibited.