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City Administrator Hagen reviewed the Staff report in regard to the ordinance for tobacco and <br />cannabis use in public places. He noted the updates that have been made since the Council first <br />discussed this at an earlier meeting. <br /> <br />Mayor Kuzma noted that these updates clean up the language to make it more clear. <br /> <br />Councilmember Woestehoff asked about the exceptions when driving under Section B of the <br />tobacco regulations and asked if this also applies to cannabis products. <br /> <br />City Administrator Hagen stated that they can add cannabis to this. <br /> <br />Councilmember Riley asked if cannabis is allowed while driving. <br /> <br />City Administrator Hagen stated that the State prohibits it. <br /> <br />Councilmember Riley asked if it is prohibited by the State why it would be allowed in the City. <br /> <br />City Administrator Hagen noted that if they add cannabis to this it is redundant to State law and <br />State law would supersede this. <br /> <br />Councilmember Howell asked if this new regulation would mean that someone could be ticketed <br />for smoking tobacco in the City Hall parking lot. <br /> <br />City Administrator Hagen said yes. <br /> <br />Councilmember Howell noted that this seems a little petty. <br /> <br />Councilmember Specht stated that he has seen people smoking near the apartments down the road <br />from City Hall and if they walk on the sidewalk towards City Hall they could then be in violation. <br />He noted that this seems excessive and not necessary. He recommended the law specifically <br />addressing City parks rather than all City land. <br /> <br />Councilmember Olson asked if tobacco use is currently handled under a policy as opposed to a <br />law. <br /> <br />City Administrator Hagen stated that there is a statement within the Facility Use policy that <br />addresses tobacco. He noted that this is not enforceable from a criminal aspect; however, if it falls <br />within an ordinance it could be enforced. <br /> <br />Councilmember Olson asked if current policy addresses sidewalks and public spaces. <br /> <br />Parks and Assistant Public Works Director Riverblood stated that this has been posted in parks, <br />rental facilities, and warming houses. <br /> <br />Councilmember Olson asked if this complies with the Indoor Clean Air Act within buildings. He <br />asked if there is anything that addresses outdoor use. <br />City Council Work Session / September 12, 2023 <br />Page 8 of 15 <br /> <br />