Agenda - Council Work Session - 08/22/2023

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CC Work Session Meeting Date: Primary Strategic Plan Initiative: 2. 2. 08/22/2023 Create a positive image for residential neighborhoods, business districts and key corridors. Information Title: Discussion of Ordinance #23-15 Tobacco and Cannabis Use Within Public Property and Public Places Purpose/Background: This case was placed on this agenda should time permit. The 2024 Preliminary Budget/Levy discussion is priority at this meeting. If needed, this discussion can occur at an upcoming Work Session. At the August 8, 2023 City Council meeting, Ordinance #23-15 Tobacco and Cannabis Use Within Public Property and Public Places was tabled for further discussion at a Work Session. From the discussion at the August 8th meeting, staff amended the draft language to focus on the smoking of tobacco and adult -use cannabis, address semi-public property and the smoking in a vehicle traveling along the right -of way portions of city streets. Attached is a draft of the ordinance with changes discussed by the City Council. Changes include: Remove the definition of Public Place: Public place refers to semi-public property; private property generally open for use by the public but not owned or maintained by a governmental body. Such property includes, without limitation, commercial parking lots, church property, and other property generally used by patrons of a commercial or private business establishment. Smoking on these types of property is regulated by the Clean Air Act and enforced by the property owner. Tobacco and Tobacco Related Products: the definition within this section of code would still revert back to another chapter within our code. However, language is expanded to reference the types of product and devices this section applies to. Prohibition: The change prohibits the act of smoking of tobacco and adult -use cannabis within public property; an exception on the use of tobacco and tobacco -related products within a vehicle traveling along the city's rights -of -way was added. In summary, this ordinance would prohibit smoking or vaping tobacco and cannabis on all City owned or leased property including vehicles and equipment. It would not prohibit the use of these products within a vehicle by someone who is driving down one of our roads. It further removes the prohibition of ingested products from the first version. Timeframe: This ordinance does need to be introduced and then adopted at a subsequent meeting. If adopted, it becomes effective 30 days after publication. Funding Source: Not Applicable Responsible Party(ies):