Introduce Ordinance #23-15, Amending Chapter 34 Regarding Tobacco and Cannabis Use on Public Property

At the August 8, 2023 regular City Council meeting, staff introduced Ordinance #23-15 pertaining to tobacco and adult-use cannabis within public property and public places. At that time, the City Council tabled the introduction and directed staff to bring the proposed ordinance to a city council work session for further discussion. City Council and staff discussed the ordinance at the  August 22, 2023 and September 26, 2023 work sessions. The attached red-line is the final draft, as discussed at the September 26, 2023 City Council work session. Proposed changes from the work session include the following:

1. Adult-use cannabis is prohibited on all public property, including within public buildings and public vehicles.
2. Tobacco use on public property is prohibited in a manner that involves inhalation of smoke, aerosol or vapor, or use of devices that emit smoke, with the exception of the use of tobacco and tobacco related products within a vehicle or in a designated area, marked by signage. 

In summary, the ordinance prohibits smoking or vaping tobacco and cannabis on all city-owned or leased property, including city-owned vehicles and equipment. It will not prohibit the use of tobacco products within a vehicle by someone who is driving on city roads or sitting in a vehicle on public property. It also allows smoking in designated areas marked by signage.

Notification is not required.

Time Frame:
The ordinance needs to be introduced and then adopted at a subsequent meeting. Once adopted by the City Council, it becomes effective 30 days after publication.

Alternatives:
1. Introduce the ordinance as presented.
2. Introduce the ordinance with changes.
3. Deny the introduction of the ordinance. 

City staff recommends the introduction of Ordinance #23-15, Amending Chapter 34 Offenses and Miscellaneous Provisions, Article I. In General, of the City Code, by Adding Section 34-2 Regarding Tobacco and Cannabis Use Within Public Property.

Motion to introduce Ordinance #23-15 Amending Chapter 34 Offenses and Miscellaneous Provisions, Article I. In General, of the City Code by Adding Section 34-2 Regarding Tobacco and Cannabis Use Within Public Property.

Roll Call Vote: 
Councilmember Olson
Councilmember Woestehoff
Councilmember Specht
Councilmember Musgrove
Councilmember Howell
Councilmember Riley
Mayor Kuzma