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City Council Regular Meeting Minutes October 10, 2023 Page 5 1 outdoor patios, and multi -family building common areas. There are other statutory restrictions, 2 including a prohibition of driving or use while driving (similar to the "open container" 3 prohibition on alcohol). 4 5 The Code Committee discussed the code impacts of the issue, and identified two options for 6 addressing cannabis use in public places. The first was a "public intoxication" approach, which 7 compared public cannabis use to public alcohol consumption. While there are similarities based 8 on public behaviors, there are a number of issues with both that make enforcement difficult — 9 particularly since edibles will be an aspect of cannabis consumption (and are already allowed for 10 Hemp-THC products). 11 12 The alternative approach was a "public nuisance" aspect, in which the outward impacts of 13 cannabis smoking could raise issues for nearby members of the public. This approach 14 incorporates the larger issue of tobacco smoking in public places. The Code Committee 15 recommended following this nuisance approach as being more tangible and enforceable. 16 17 The Council is asked to consider the issue of cannabis use in public spaces. The prohibition 18 requirements for use in other public spaces would presumably expand on the spacing 19 requirements of the "sensitive" land use categories. Several cities are adopting ordinances that 20 create, or extend, a prohibition of tobacco use in these areas, as a companion action to 21 controlling cannabis use in public areas. 22 23 Currently, smoking or vaping of tobacco products is not banned by the City in public open 24 spaces. Under Section 111.059 of the City Code, smoking is banned in indoor spaces, as the 25 definition of Public Place is specific to confined areas within buildings. Schools are customarily 26 tobacco free, but other public parks or sidewalk spaces are not restricted. Consumption of 27 alcohol is typically not permitted in public spaces, with exceptions for special event licenses 28 issued specifically for those locations and purposes. 29 30 The City Code currently prohibits the smoking or vaping of marijuana in indoor spaces used by 31 the public (basically an extension of the Clean Indoor Air Act). 32 33 Extending the prohibition of marijuana smoking to outdoor spaces requires a definition of which 34 outdoor spaces would be include and which would not be included. As discussed by the Code 35 Committee, a nuisance -based approach would assume that the City would also extend a 36 prohibition on tobacco smoking in those spaces. 37 38 An "intoxication" based approach would presumably follow the general Minnesota statutory 39 prohibition on public alcohol consumption, which generally prohibits open container 40 consumption in public, except where specifically licensed. Currently only the City of Anoka 41 under special legislation this year, has a "Social Zone" where individuals can drink alcohol in 42 public. 43 44 The ordinance for consideration follows the nuisance approach, which would prohibit smoking 45 in specific public places, including all City and County parks; parking lots adjacent to such 46 parks; trails within City parks; on the main city campus — including City Hall and Fire Station;