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File #: Ord 23-40    Version:
Type: Ordinance Status: Passed
In control: City Council
Final action: 9/27/2023
Title: Amending Title XXIII Public Health Safety and Welfare of the Legislative Code to add Chapter 222, titled Smoking in City Parks and Certain Building Entrances Prohibited.
Sponsors: Chris Tolbert
Attachments: 1. Ord 23-40 Tolbert Amendment, 2. CM Jalali Amendment 1 - Youth Activity Areas, 3. CM Jalali Amendment 2 - Admin Citations, 4. Ord 23-40 Noecker Amendment to Tolbert Amendment, 5. Ord 23-40 Tolbert Amendment #2, 6. Ord 23-40 City Attorney's Office Amendment, 7. Public comments prior to 9.6.2023 public hearing, 8. Petition delivered during 9.6.2023 public hearing, 9. 9.7.2023 public comments, 10. 9.8.2023 public comments, 11. 9.11.2023 public comments, 12. 9.12.2023 public comments, 13. 9.13.2023 public comments, 14. 9.14.2023 public comments, 15. 9.24.2023 public comment
TITLE
Amending Title XXIII Public Health Safety and Welfare of the Legislative Code to add Chapter 222, titled Smoking in City Parks and Certain Building Entrances Prohibited.
BODY

SECTION 1

WHEREAS, on May 30, 2023, Governor Tim Walz signed into law House File 100 relating to the possession, sale, and adult use of cannabis; and

WHEREAS, House File 100, Article 4, Section 15, allows that a local unit of government may adopt an ordinance establishing a petty misdemeanor offense for a person who unlawfully uses cannabis flower or cannabis products in a public place; and

WHEREAS, House File 100, Article 1, Section 74 declares that any use of cannabis which is injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property is a nuisance; and

WHEREAS, Saint Paul has a vested interest to promote, protect, and improve the health of people, communities, and the environment; and

WHEREAS, The Centers for Disease Control and Prevention indicate secondhand marijuana smoke contains many of the same toxic and cancer-causing chemicals found in tobacco smoke and contains some of those chemicals in higher amounts; and

WHEREAS, Saint Paul recognizes that the secondhand effect of smoking tobacco and cannabis in public places possess a threat to public health and safety; and

WHEREAS, Saint Paul has a commitment to protect community members younger than 21 years old from the exposure to tobacco and cannabis smoking; Now, therefore be it

RESOLVED, that the Council of the City of Saint Paul does hereby ordain:

SECTION 2

Saint Paul Legislative Code Title XXIII Public Health Safety and Welfare is amended to add Chapter 222, titled Smoking of Tobacco, Hemp and Cannabis Products in City Controlled Public Places Prohibited.?
Title XXIII, Public Health Safety and Welfare is hereby amended to add Chapter 222, titled Smoking of Tobacco, Cannabis, and Hemp Produc...

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Date NameDistrictOpinionCommentAction
9/7/2023 12:25 PMJessica For Even carrying marijuana on a person without smoking it gives out a toxic odor that is detrimental to the health of nearby people who have to breathe it in. This toxic odor needs to be banned in all public places. -3 1
9/7/2023 3:27 AMAndrew Ainsley Against We do not need to spend time as a city implementing ordinances that are already covered at the county and state level. Together the Minnesota Clean Indoor Air Act (MCIAA) & the Ramsey County Smoking and Commercial Tobacco Use Ordinance (SCTUO) prohibits smoking and vaping indoors and within 25 feet of entrances, exits, open windows and ventilation intakes of public places and places of work throughout Ramsey County. There is no need to go any further than that. Please oppose this ordinance that will most definitely be enforced unfairly against minority groups and would have negligible impact on the existence of secondhand smoke from cannabis. It is a waste of time, resources, and there are much better things that we could be focusing our energy on to improve the public's health in our great city. Thank you. +2 -1 1
9/6/2023 8:50 PMRobert Jacobson Against I oppose this proposed amendment. The proposed amendment deliberately limits the freedoms of the people of St Paul without due cause. The proposed amendment will disproportionately affect low income people and people of color. The proposed amendment is being considered without the affirmation, consent, or consideration of the people it will affect. For these reasons, I respectfully request the Council reject the proposed amendment. +5 -1
9/6/2023 7:30 PMAlex Mongin Against As a resident of Ward 4, I oppose this ordinance. This rule would inadvertently target renters and homeless. A petty misdemeanor makes it harder to get or stay on a lease, so it will create more strain on shelters, public services and police. Second hand smoke is harmful, but the effect of woodsmoke is many times worse. We cannot discuss a ban on public smoking over health concerns without first discussing a ban on wood fires which many St. Paul residents having in their backyards and fireplaces. Meanwhile, the MCIAA is functioning well at protecting non-smokers from second hand smoke. When I have done community engagement for local people running for office, the top question I receive is whether the candidate supports legalization of cannabis. Our community wants and deserves safe and legal access to cannabis. Let's continue to be on the right side of history. Please do not p*** this ban. Thank you for considering. +5 -1
9/6/2023 2:56 PMTony Aarts Against Council Members, I am writing in opposition to the proposed cannabis ordinance as written. The idea framed in this ordinance would mean that those without a private residence, property, a backyard, etc., would be virtually shut out from the cannabis law just p***ed this past legislative session. This language details a petty misdemeanor charge, a hefty fine, and furthers the implications of difficulty with securing housing and employment in the future should a fine go unpaid. Why has this ordinance not been discussed in such a way across the city enterprise? Where was the community input and feedback? How could the Parks Dept be consulted in this regard? What about other related city offices like Library, SPPD, etc. ? Given the framing of the ordinance, it is almost certain that the punitive effects will land hardest on young folks, working cl***, and communities of color. That is not acceptable. St. Paul can and must do better for our communities. +4 -1
9/1/2023 1:53 PMPatty Lammers For The city has responsibility to protect public health. I know many people who have breathing issues and struggle when they have to be around smell and smoke from pot. It is far worse for your health then second hand cigarette smoke. While I respect people's right to smoke in their homes I should not have to be exposed to it at a public park or other public space. It will dimmish people's enjoyment of public spaces. +1 -4