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City Council Meeting - October 10, 2023 Page 3 tobacco products in public areas including parks, distances from business entrances, and outdoor restaurant patios. This same authority could be used to prohibit the smoking of cannabis in those areas. Cities should check their ordinances to determine if a prohibition on smoking tobacco products in public places would also apply to cannabis products. Discussion The Council is asked to consider the issue of cannabis use in the public spaces noted above. The prohibition requirements for USE in other public spaces is optional as noted, and would presumably expand on the spacing requirements of the “sensitive” land use categories. Several cities are adopting ordinance that create, or extend, a prohibition of tobacco use in these areas, as a companion action to controlling cannabis use in public areas. Currently, smoking or vaping of tobacco products is not banned by the City in public open spaces. Under Section 111.059 of the City Code, smoking is banned in indoor spaces, as the definition of Public Place is specific to confined areas within buildings . Schools are customarily tobacco free, but other public park or sidewalk spaces are not restricted. Consumption of alcohol is typically not permitted in public spaces, with exceptions for special event licenses issued specifically for those locations and purposes. Section 111.045 of the City Code defines smoking as follows: PUBLIC PLACE. Any enclosed, indoor area used by the general public, including, but not limited to, restaurants; banks; bars; any other food or liquor establishment; hotels and motels; reception areas; retail establishments and other commercial establishments; shopping malls; educational facilities; hospitals; nursing homes; auditoriums; arenas; meeting rooms; waiting rooms; government buildings; and common areas of rental apartment buildings. SMOKING. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. Smoking also includes carrying or using an activated electronic delivery device. Section 111.059 prohibits “smoking” in public as follows: § 111.059 SMOKING PROHIBITED. Smoking is prohibited, and no person shall smoke in a public place, at a public meeting, in a place of employment, or in public transportation.