CHAPTER 95: SMOKING IN PUBLIC RECREATIONAL AREAS
Section
   95.01   Definitions
   95.02   Prohibition
   95.03   Exceptions
§ 95.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   For purposes of this chapter, the terms CANNABIS FLOWER, CANNABIS PRODUCTS, and HEMP-DERIVED CONSUMER PRODUCTS shall have the definitions given to them in M.S. § 342.01, as it may be amended from time to time.
   PUBLIC RECREATIONAL AREA. Includes:
      (1)   City parks, including trails and park shelters located within a park property and city-owned or city-controlled parking lots adjacent to all city parks.
      (2)   Any city-maintained or city-controlled playground or other indoor or outdoor facility used for sports or athletics, including basketball courts and skate parks, the golf course and pool.
      (3)   The Veteran's Memorial.
   SMOKING. Inhaling, exhaling, burning, vaping or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, cannabis plant, hemp plant, cannabinoid product or other plant, whether natural or synthetic, that is intended for inhalation. SMOKING includes carrying or using an activated electronic delivery device.
(Ord. 23-04, passed 10-10-2023)
§ 95.02 PROHIBITION.
   No person shall smoke or vape tobacco products, cannabis flower, cannabis products, or hemp-derived consumer products in a public recreational area or anywhere smoking is prohibited by the Minnesota Clean Indoor Air Act. A violation of this section shall be a petty misdemeanor and is punishable in accordance with § 10.99.
(Ord. 23-04, passed 10-10-2023)
§ 95.03 EXCEPTIONS.
   (A)   This prohibition does not apply to the exceptions included in M.S. § 342.09, including any city sanctioned event or private permitted event held in a city park that is licensed by the Office of Cannabis Management to permit on-site consumption of cannabis flower, cannabis products, or hemp- derived consumer products.
   (B)   This chapter does not prohibit smoking as part of a traditional spiritual or cultural ceremony, as stated by M.S. § 144.4167.
(Ord. 23-04, passed 10-10-2023)