§ 130.05 MARIJUANA PROHIBITED ON PUBLIC PROPERTY.
   (A)   Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CONSUME, CONSUMING, AND CONSUMPTION. The act of ingesting, inhaling, or otherwise introducing marijuana into the human body.
      CULTIVATE AND CULTIVATION. To propagate, breed, grow, prepare and package marijuana.
      MANUFACTURE AND MANUFACTURING. To compound, blend, extract, infuse or otherwise make or prepare a marijuana product.
      MARIJUANA.
         (a)   All parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin.
         (b)   Includes cannabis as defined in A.R.S. § 13-3401.
         (c)   Does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.
      MARIJUANA PRODUCTS. Marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures.
      OPEN SPACE. Public park, public sidewalk, public walkway or public pedestrian thoroughfare.
      PUBLIC PLACE. Any enclosed area to which the public is invited or in which the public is permitted, including airports, banks, bars, common areas of apartment buildings, condominiums or other multifamily housing facilities, educational facilities, entertainment facilities or venues, health care facilities, hotel and motel common areas, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports facilities, theaters, and waiting rooms. A private residence is not a PUBLIC PLACE unless it is used as a child care, adult day care, or health care facility.
      SMOKE. To inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic.
   (B)   It shall be unlawful to smoke, display, consume, sell or distribute, store, cultivate, manufacture, or produce marijuana or marijuana products on property that is occupied, owned, controlled, or operated by the city.
(Ord. 2021-002, passed 2-11-21)