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Honorable Mayor and City Council Members August 7, 2023 Page 2 However, the definition of "public place" cannot include the following places: (1) a private residence, including the person's curtilage or yard; (2) private property not generally accessible by the public, unless the person is explicitly prohibited from consuming cannabis flower, cannabis products, lower -potency hemp edibles, or hemp -derived consumer products on the property by the owner of the property; or (3) the premises of an establishment or event licensed to permit on -site consumption. The draft ordinance defines public place broadly to include "any indoor or outdoor area that is used or held out for use by the public whether owned or operated by public or private interests." The definition also excludes the places listed above that must be excluded. The following are select examples from other cities that have considered prohibiting cannabis use in public places. Lakeville: Property owner, leased, or controlled by a governmental unit and private property that is regularly and frequently open to or made available for use by the public in sufficient numbers to give clear notice of the property's current dedication to public use but does not include the following: (1) a private residence including the person's curtilage or yard; (2) private property not generally accessible by the public, unless the person is explicitly prohibited from consuming cannabis flower, cannabis products, lower -potency hemp edibles, or hemp derived consumer products on the property by the owner of the property; or (3) the premises of an establishment or event licensed to permit on -site consumption. Alexandria: "Public Place." For the purposes of this section, the term "Public Place" shall mean any and all public places within the City of Alexandria, including but not limited to any public street, avenue, boulevard, right of way, road, alley, sidewalk, park, trail, parking lot, beach, pier, building, and vehicle. Provided, however, that the following shall not be considered a Public Place: 1. a private residence, including the person's curtilage or yard; 2. private property not generally accessible by the public, unless the person is explicitly prohibited from consuming cannabis flower, cannabis products, lower -potency hemp edibles, or hemp -derived consumer products on the property by the owner of the property; or 3. the premises of an establishment or event licensed to permit on -site consumption. MU210\317\892841.v2