08-28-23 CC WS Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL WORK SESSION COUNCIL CHAMBERS
MONDAY, AUGUST 28, 2023 6:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL WORK SESSION
A. Roll Call
Mayor Labadie _____
Callies _____
Maddy _____
Sanschagrin _____
Zerby_____
B. Review Agenda
ATTACHMENTS
2. SMOKING IN PUBLIC SPACES City Administrator Memo
3. ADJOURN
City Council Work Session Item
Item
Title/Subject: Smoking in Public Spaces
2
Meeting Date: August 28, 2023
Prepared by: Marc Nevinski, City Administrator
Attachments: Star Tribune Article – July 24
Excelsior Ordinance No. 655
Draft Text Shorewood Ordinance
Background:
A new law enacted at the end of the 2023 legislative session legalized adult-use cannabis in Minnesota
which took effect on August 1, 2023. Possession, use, and home growth is now legal. The law authorizes
use in the following areas:
In a private residence including the individual’s curtilage or yard
On private property, unless the owner of the property prohibits the use of the products
On the premises of an establishment or event license to permit on-site consumption
Use of cannabis flower, cannabis products or hemp-derived consumer products in a manner that
involves the inhalation of smokes, aerosol, or vapor at any location where smoking is prohibited under
the Clean Indoor Air Act.
According to the League of Minnesota Cities, the law is silent on whether cannabis can be smoked in
public places other than public places governed by the MCIAA. While the law does not specifically
authorize the use of cannabis in public places, it does not create any penalty for use in a public place
other than those governed by the MCIAA. If a city would want an enforcement mechanism to prevent
the use of cannabis in public places, it would need to adopt an ordinance prohibiting such use and make
it a petty misdemeanor.
Many cities already ban smoking or tobacco use in parks. Shorewood bans the consumption of alcohol
in its park (with the exception of Badger Park and then only by permit) but does not prohibit the use of
tobacco. Cities are now considering banning the use of cannabis products in parks and other public
spaces. Excelsior recently passed an emergency ordinance prohibiting the consumption of all forms of
cannabis products in public places, including THC. Duluth recently added cannabinoids to its prohibition
of public places where tobacco use is prohibited. Greenwood is also considering an ordinance
restricting cannabis use in public places. The SLMPD Police Chief has encouraged member communities
to adopt relatively consistent ordinance language to make enforcement easier.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
At its meeting on August 22, the Parks Commission discussed smoking in public spaces. There was
agreement that there should not be a full ban on smoking in public spaces and that there should be
spaces where such activity is allowed. Use may be acceptable in certain locations, such as sidewalks,
trails or portions of parking lots, although there was not clear consensus on this.
Financial or Budget Considerations:
None at this time
Discussion Requested:
Council is asked to discuss if an ordinance restricting the use of cannabis and perhaps other
substances in public spaces should be drafted, and if so, what parameters it should contain.
Leah Koch from Campbell Knutson will be in attendance to assist in the discussion.
ORDINANCE NO. _____
CITY OF SHOREWOOD
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 500
OF THE SHOREWOOD CITY CODE CONCERNING THE USE OF
CANNABIS AND HEMP PRODUCTS IN PUBLIC
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA ORDAINS:
SECTION 1. Title 500, PUBLIC HEALTH, is hereby amended to create Chapter 507,
section 507.01, section 507.02, and section 507.03 by adding the following language:
CHAPTER 507 PUBLIC CONSUMPTION OF CANNABIS AND HEMP PRODUCTS
507.01: DEFINITIONS
As used in this chapter, the terms defined in Minn. Stat. §151.72, Minn. Stat. § 342.01, and this
section shall have the meaning ascribed to them:
PUBLIC PLACE: Property owned, leased, or controlled by a governmental unit and private
property that is regularly and frequently open to or made available for use by the public in
sufficient numbers to give clear notice of the property's current dedication to public use but does
not include:
1. A person's dwelling house or premises, including the person’s curtilage or yard; or
2. 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
3. The premises of an establishment or event licensed to permit on-site consumption.
507.02: PROHIBITED ACTIVITY
No person shall use cannabis flower, cannabis products, hemp-derived consumer products, or
certain cannabinoid products in a public place. Low-potency hemp edibles and edible cannabis
products are exempt from prohibition under this section.
507.03: PENALTY
Violation of this section shall be a petty misdemeanor punishable to the maximum extent
authorized in Minn. Stat. § 412.231 and Minn. Stat. § 609.0332.
SECTION 2. This ordinance shall be effective immediately upon its passage and
publication.
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ADOPTED this __ day of ________, 2023 by the City Council of the City of
Shorewood, Minnesota.
Jennifer Labadie, Mayor
ATTEST:
Sandie Thone, City Clerk
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