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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 Products in City Parks and Certain Building Entrances Prohibited as follows:

 

 

Sec. 222.01 Definitions.

 

City Controlled Public Places. As used in this Section, City Controlled Public Places includes all areas contained within the City of Saint Paul’s boundaries that are owned, leased, managed, rented, contracted, or otherwise controlled by the City of Saint Paul.

Smoking. Inhaling, exhaling, vaping or combustion of any cigar, joint, blunt, cigarette, pipe or any other similar article. Smoking includes possessing or carrying a lighted cigar, cigarette, pipe or any other lighted or heated product or electronic delivery device.

 

(1) Designated smoking area means an area where smoking would otherwise be prohibited under this Chapter but is allowed and clearly marked by a sign.

 

(2) Park means and includes all the public grounds, trails, and squares maintained as pleasure grounds and designated recreation areas by the City of Saint Paul.

 

(3) Place of employment means as defined in Minn. Stat. Section 144.413, subd. 1b, as amended from time to time.

 

(4) Public place means as defined in Minn. Stat. Section 144.413, subd. 2, as amended from time to time.

 

(5) Smoking means inhaling, exhaling, vaping or combustion of any cigar, joint, blunt, cigarette, pipe or any other similar article. Smoking includes possessing or carrying a lighted cigar, cigarette, pipe or any other lighted or heated product or electronic delivery device.

 

Sec. 222.02. Smoking of Tobacco, Hemp and Cannabis in City Controlled Public Places Prohibited.

Sec. 222.02 Smoking of Tobacco, Cannabis, and Hemp in City Parks and Certain Business Entrances Prohibited

 

It is unlawful to smoke tobacco as defined in Minn. Stat. Section 609.685, cannabis flower, cannabis products, and hemp-derived consumer products, as defined in Minn. Stat. Section 342.01, in any City Controlled Public Place in the City of Saint Paul.  

 

(1) It is unlawful to smoke tobacco as defined in Minn. Stat. Section 609.685, cannabis flower, cannabis products, and hemp-derived consumer products as defined in Minn. Stat. Section 342.01, in any Park within the City of Saint Paul.

 

(2) It is unlawful to smoke tobacco as defined in Minn. Stat. Section 609.685, adult-use cannabis flower, adult-use cannabis products, and hemp-derived consumer products as defined in Minn. Stat. Section 342.01, within twenty-five (25) feet of entrances, exits, windows, and ventilation intakes of public places and places of employment within the City of Saint Paul.

 

Sec. 222.03. Penalty.

Violation of this Section is a petty misdemeanor.

 

Sec. 222.03 Exceptions

 

The prohibitions in Sec. 222.02 do not apply to the following places or situations:

 

(1) Within designated smoking areas in Parks as determined by the Director of the Department of Parks and Recreation and clearly marked with a sign.

 

(2) Use of tobacco as part of an American Indian cultural practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice. Sacred, traditional use of tobacco for prayer, ceremony, and memorial is allowed.

 

(3) Within areas where smoking is prohibited under Sec. 222.02 subdivision 2 that are not immediately next to a building entrance, and that the owner or proprietor of a public or private building has determined to be a designated smoking area and clearly marked with a sign.

 

Sec. 222.04. Penalty. Enforcement

Violation of this Chapter is a petty misdemeanor.

Violation of this Chapter will be enforced through education and requesting voluntary compliance. Where appropriate, the preferred method of enforcement will be a request for voluntary compliance. Any person who violates this Ordinance will be reminded of its requirements and asked to immediately stop smoking or using commercial tobacco products.

After a request for voluntary compliance, violation of this Chapter is a petty misdemeanor. whenever any person authorized to issue administrative citations for the violation of law, discovers a violation of this ordinance, an administrative citation may be issued to the person alleged to have committed the violation. The administrative citation will be issued to the person charged with the violation, or in the case of a corporation or municipality, to any officer or agent authorized to accept such issuance.

 

Sec. 222.05.  Severability

 

If any section, clause, provision, or portion of this ordinance, or the application thereof, is determined to be invalid or unconstitutional by a court of competent jurisdiction, that section, clause, provision, or portion shall be deemed severed from this ordinance, and such determination shall not affect the validity of the remainder of the ordinance.

 

 

SECTION 3

This Ordinance shall take effect and be in force thirty (30) days following passage, approval, and publication. 

 

 

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