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City Council Meeting - October 10, 2023 Page 4 Thus, as currently written, the City Code prohibits the smoking or vaping of marijuana in indoor spaces used by the public (basically an extension of the Clean Indoor Air Act). Extending the prohibition of marijuana smoking to outdoor spaces requires a definition of which outdoor spaces would be included, and which wou ld not be. As discussed by the Code Committee, a nuisance-based approach would assume that the City would also extend a prohibition on tobacco smoking in those spaces. An “intoxication” based approach would presumably follow the general Minnesota statut ory prohibition on public alcohol consumption, which generally prohibits open container consumption in public, except where specifically licensed. Currently, only the City of Anoka – under special legislation this year, has a “Social Zone” where individuals can drink alcohol in public. The attached ordinance follows the nuisance approach, which would prohibit smoking in specific public places, including all City and County parks; parking lots adjacent to such parks; trails within City parks; on the main city campus - including City Hall and fire station; on other City-owned property including the Public Works maintenance facility; and adjacent parking lots to each of these facilities. Omitted from this prohibition would be other public areas, such as publi c sidewalks, or trails that are not within City parks. This ordinance is drawn from Roseville’s recently adopted ordinance. For most of the surrounding cities and agencies that have adopted prohibitions, these areas are uniformly included. Some communities have gone further, as summarized in the table on the following page. As a final note, the City currently prohibits alcohol consumption in public parks, except by special license – the regulations for the applicable license are in Chapter 93 of the City Code, “Parks and Recreation”. The City is required, under the new law, to accommodate “Cannabis Events” as defined and regulated in the statute. The City can require City licensing of these events. The City is not required, however, to permit these events on public property. “Cannabis Events” can be operated for the purposes of promoting the cannabis industry, and the City can choose to allow or prohibit consumption at those events, apparently even if they are conducted on private property. The proposed ordinance would prohibit consumption at the event if the City licenses it for a city property such as park or community center. Additional study and consideration of this aspect of the law will be necessary.