Ord No 2023- 06 An Interim Ordinance Prohibiting the Use of Cannabis Products in Public PlacesCITY OF CRYSTAL
ORDINANCE NO. 2023 - 06
AN INTERIM ORDINANCE PROHIBITING
THE USE OF CANNABIS PRODUCTS IN PUBLIC PLACES
The City of Crystal ordains:
Section 1. Legislative Findings. The city council hereby finds and determines as follows:
(a) The Minnesota Legislature legalized the adult use of cannabis flower and
cannabinoid products, including in public places, as of August 1, 2023.
(b) As part of the legislation, the legislature authorized local units of government in
Minnesota Statutes, section 152.0263, subdivision 5 to adopt an ordinance
establishing a petty misdemeanor offense for anyone who unlawfully uses cannabis
flower, cannabis products, lower -potency hemp edibles, or hemp -derived consumer
products in a public place, with certain limitations on what may be defined as a
public place.
(c) The City Council recognizes that the City limits use of other products in certain
public places and determines it is in the best interests of the City and its residents to
similarly restrict the use of cannabis products.
(d) Section 3.065 of the Crystal City Charter expressly authorizes the City Council to
adopt an interim ordinance imposing temporary regulations on a specific matter to
protect the public health, safety, and welfare of the City's residents. Such an interim
ordinance can be adopted at the meeting at which it is introduced and can be made
effective immediately.
(e) The City Council desires to establish temporary regulations on the use of cannabis
products in public places while the City studies and enacts an amendment to the
Crystal city code to address this issue.
Section 2. Definitions. For the purposes of this Ordinance, the following terms shall have the
meaning given them in this section. If a term is not defined herein, it shall have the meaning
given it in Minnesota Statutes, section 342.01 or, if not defined therein, the definition given the
term in the Crystal city code.
Subd. 1. Cannabis Products. "Cannabis products" means any of the following: cannabis
flower; cannabis products; lower -potency hemp edibles; or hemp -derived
consumer products, as each are defined in Minnesota Statutes, section 342.01.
Subd. 2. City. "City" means the City of Crystal, Mimnesota.
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Subd. 3. Crystal City Code. "Crystal city code" means the most current version of The
Crystal City Code.
Subd. 4. Ordinance. "Ordinance" means this interim ordinance prohibiting the use of
cannabis products in public places.
Subd. 1. Park. "Park" means any public park, playground, sports field, open space,
swimming pool, community center, or other recreational area or facility.
Subd. 2. Parking Lot. "Parking lot" means any state, county, or city owned parking area
that is made available to the public for parking.
Subd. 3. Public Place. "Public place" means any public park, right-of-way, or parking lot.
The term does not include any of the following: a private residence, including
the person's curtilage or yard; private property not generally accessible by the
public, unless the person is explicitly prohibited from consuming cannabis
flower, cannabis products, lower -potency hemp edibles, or hemp -derived
consumer products on the property by the owner of the property; or the premises
of an establishment or event licensed to permit on -site consumption.
Subd. 4. Right -of -Way. "Right-of-way" means the entire area within a public roadway,
highway, street, cartway, bicycle lane, trail, and public sidewalk.
Section 3. Study. The City shall conduct a study of the ordinances being adopted to limit the
use of cannabis products in public places to determine how best to define public places and to
identify any other issues that may need to be addressed in developing a proposed amendment to
the Crystal city code. The study shall include how the City regulates the use of liquor and
tobacco in public places to determine if additional amendments are needed to create a more
uniform set of regulations. The City Manager shall present the City Council a proposed
amendment on these issues for the City Council's consideration.
Section 4. Prohibition. It is a violation of this ordinance for any person to use cannabis
products in a public place within the City.
Section 5. Enforcement. A violation of this ordinance is a petty misdemeanor and is subject to
a fine of not more than $300.
Section 6. Effective Date and Term. This ordinance shall be effective immediately and
shall have a term of six months. This ordinance shall remain in effect until the expiration of the
six-month term, until it is expressly repealed by the City Council, or until the effective date of an
ordinance amending the Crystal city code to address the use of cannabis products in public
places.
Section 7. Not Codified. Because this ordinance has a limited duration, it will not be codified
into the Crystal city code.
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Adopted this 15�' day of August 2023.
BY THE CITY COUNCIL
Jim dams, Mayor
ATTEST:
P)v -v
istina Serres, City Clerk
Council Adoption & Effective Date: August 15, 2023
Publication: August 24, 2023
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