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HomeMy WebLinkAboutOrdinance 05-23 1st Reading: August 14, 2023 Publication: September 5,2023 2nd Reading: August 28,2023 Effective: October 4, 2023 CITY OF LINO LAKES ORDINANCE NO. 05 -23 AN ORDINANCE AMENDING THE CITY OF LINO LAKES CODE OF ORDINANCES BY ENACTING 301.06 PROHIBITING CANNABIS USE ON PUBLIC PROPERTY The City Council of Lino Lakes ordains: SECTION 1 ENACTMENT. Lino Lakes City Code Chapter 301 is hereby amended to read as follows: CHAPTER 301: PUBLIC PARKS AND GROUNDS Section 301.01 Definitions 301.02 Removing, defacing or destroying property 301.03 Erection of structures 301.04 Littering 301.05 Alcoholic beverages 301.06 Cannabis Products 301. 07 Vehicle traffic 301.08 Hours 301.09 Overnight parking or occupancy 301.10 Open fires prohibited 301.11 Washing of vehicles 301.12 Discharge of firearms 301.13 Sale of articles 301.14 Posting signs and placards 301.15 Riding of horses and other animals 301.16 Unattended animals 301.17 Language, conduct and attire 301.18 Climbing of trees and on buildings 301.19 Posting of areas 301.20 Fireworks 1st Reading: August 14, 2023 Publication: September 5,2023 2nd Reading: August 28,2023 Effective: October 4, 2023 301.21 Variances 301.22 City personnel § 301.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires different meanings. CANNABIS FLOWER, CANNABIS PRODUCTS, LOWER-POTENCY HEMP EDIBLES, AND HEMP-DERIVED CONSUMER PRODUCTS. As defined in Minn. Stat. §342.01 ELECTRONIC DELIVERY DEVICE. Any device manufactured, marketed, or sold as e- cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or any other product name or descriptor used for the purposes of delivering a substance intended for human consumption through inhalation of aerosol or vapor. FIREARM. Any rifle, shotgun, pistol, BB gun, pellet gun, sling shot, air rifle and bow and arrow. PUBLIC PROPERTY, PUBLIC GROUNDS. Any real property owned or leased by the city, which includes but is not limited to: City buildings and all the land thereon, parking lots, parks, pathways and trails, and city rights-of-way, consisting of both the traveled portion and the abutting boulevard, sidewalks and trails, and any City personal property, such as motor vehicles, city equipment, and the like. SMOKING. Inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette,pipe, or any other lighted or heated product that is intended for inhalation of tobacco or cannabis/hemp products. Smoking includes use of an electronic delivery device. VEHICLE. Any vehicle or conveyance, whether motor-powered, animal-drawn or self- propelled, and includes any trailer in two of any size, kind or description. VEHICLE shall not include baby carriages or vehicles in the service of the city. (Prior Code, § 301.01) § 301.02 REMOVING, DEFACING OR DESTROYING PROPERTY. No person shall remove, deface, destroy, diminish or impair the value of public property located on or within any public park or public grounds, including buildings, structures, trees, shrubs, grass, vegetation, signs, tables, benches, fireplaces, trash receptacles, notices or placards, boundary markers or fences or any other public property either real or personal. (Prior Code, § 301.02) § 301.03 ERECTION OF STRUCTURES. No person shall construct or erect any tent, building or structure of any kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across any public park or public grounds, except by written permit issued by the Clerk, after 1st Reading: August 14, 2023 Publication: September 5,2023 2nd Reading: August 28, 2023 Effective: October 4,2023 prior Council approval. (Prior Code, § 301.03) § 301.04 LITTERING. No person shall litter or cast or allow to remain any rubbish or trash of any kind or nature in or about any public park or public grounds. (Prior Code, § 301.04) § 301.05 ALCOHOLIC BEVERAGES. No person shall possess, display, consume or use intoxicating liquor on any public park or public grounds, except during community festivals and as approved by resolution of the City Council. No person shall possess, display, consume or use 3.2% malt liquor in any public park or public grounds except in designated areas approved by the Council. (Prior Code, § 301.05) (Am. Ord. 04-18, passed 5-29-2018) § 301.06 CANNABIS. No person shall consume or smoke cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived products on public property. § 301.07 VEHICLE TRAFFIC. Vehicles shall be driven or parked only in designated areas on any public park or public grounds and shall be driven therein at a maximum speed of five mph. Parking in designated areas shall be allowed only by vehicles whose owners and/or occupants are currently using city public parks and grounds. Motorized vehicles shall not be driven on any public grounds designated as trails. (Prior Code, § 301.06) § 301.08 HOURS. No person, except authorized city personnel, shall enter or be in or remain in any public park or public grounds between the hours of 10:00 p.m. and 7:00 a.m., except by written permit issued by the Director of Public Services, after prior Council approval. (Prior Code, § 301.07) § 301.09 OVERNIGHT PARKING OR OCCUPANCY. Overnight parking or occupancy within any public park or public grounds is prohibited. (Prior Code, § 301.08) § 301.10 OPEN FIRES PROHIBITED. 1st Reading: August 14,2023 Publication: September 5,2023 2'Reading: August 28, 2023 Effective: October 4, 2023 No person shall build a fire in any place in any public park or public grounds, at any time, except in fireplaces or receptacles provided therein by the city. (Prior Code, § 301.09) § 301.11 WASHING OF VEHICLES. No person shall wash any vehicle on any public park or public grounds. (Prior Code, § 301.10) § 301.12 DISCHARGE OF FIREARMS. No person, except law officers in the discharge of their duties, shall discharge any firearm on any public park or public grounds, at any time. (Prior Code, § 301.11) § 301.13 SALE OF ARTICLES. No person shall sell any articles or solicit for the sale thereof on any public park or public grounds. (Prior Code, § 301.12) § 301.14 POSTING SIGNS AND PLACARDS. No person shall paste, glue, tack or otherwise post any sign,placard, advertisement or inscription, on any public park or public grounds, except by written permit issued by the Clerk, after prior approval by the Council. (Prior Code, § 301.13) § 301.15 RIDING OF HORSES AND OTHER ANIMALS. No person shall ride a horse or any other animal on any public park or public grounds except on designated trails or paths. (Prior Code, § 301.14) § 301.16 UNATTENDED ANIMALS. No person shall allow any animal, of any sort, to go unattended or without physical restraint in any public park or public grounds. (Prior Code, § 301.15) 1st Reading: August 14,2023 Publication: September 5,2023 2nd Reading: August 28, 2023 Effective: October 4, 2023 § 301.117 LANGUAGE, CONDUCT AND ATTIRE. No person shall use abusive, boisterous or obscene language or engage in any abusive, boisterous or obscene behavior in any public park or public grounds. No person shall place or carry any abusive or obscene placard or sign in any public park or public grounds. No person shall appear in any public park or public grounds unless clad in attire which meets contemporary community standards of decency. This section shall not be construed to prohibit any constitutionally protected speech or expression. (Prior Code, § 301.16) § 301.18 CLIMBING OF TREES AND ON BUILDINGS. No person shall climb any trees or climb on any building or structure in any public park or public grounds. (Prior Code, § 301.17) § 301.19 POSTING OF AREAS. The Council may by resolution determine from time to time the areas of any public park and public grounds in which other activities and conduct not amenable to efficient operation of a park or public grounds shall be prohibited and shall post appropriate signs to notify persons thereof (Prior Code, § 301.18) § 301.20 FIREWORKS. No person shall possess or discharge any fireworks in any public park or public grounds, except by written permit issued by the Fire Chief (Prior Code, § 301.20) § 301.21 VARIANCES. Variances to the strict application of this chapter may be granted only by the Council and only in unusual circumstances. (Prior Code, § 301.21) § 301.22 CITY PERSONNEL. Sections 301.01 through 301.22 shall not be construed to prohibit the normal care, operations or functions of the city or its authorized agents in any public park or public grounds. (Prior Code, § 301.22) 1st Reading: August 14,2023 Publication: September 5,2023 2nd Reading: August 28,2023 Effective: October 4,2023 SECTION 2. SUMMARY PUBLICATION. Pursuant to Minn. Stat. §412.191, in the event of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the Office of the City Clerk,the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The City of Lino Lakes is prohibiting the use of cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products on public property. A violation of this section is a petty misdemeanor. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the Lino Lakes City Council this'll day ofrt , 2023. BY: Rafferty, Mayor ATTEST: Jolleen Chaika, City Clerk