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Ord 539 Tobacco Free Parks PolicyCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 539 AN ORDINANCE AMENDING TITLE 8, CHAPTER 4, OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, UPDATING THE TOBACCO -FREE POLICY IN CITY PARKS The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Title 8-4 is hereby amended as follows: 8-4-1: DEFINITION "All times" means 24 hours a day. seven days a week. "Electronic delivery device" means any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by person to simulate smoking in the delivery of nicotine or any other substance through inhalation of aerosol or vapor from the product. The term includes, but is not limited to, devices manufactured, distributed, marketed or sold as e -cigarettes, e -cigars, ag rs, e -pipes, vape pens, or e -hookah. "Public park or parks" is any land owned or leased by the city for the use of the public for any one or a combination of the following uses: recreation, relaxation, amusement, playgrounds and fields, swimming, beaches, trails and trailways. (1981 Code 913 § 1) - "Recreational Areas" means all facilities, parks, trails, open space, and other property owned, leased, rented, contracted, used, or controlled by the City of Mendota Heights for parks and recreational purposes. The term includes, but is not limited to, restrooms, spectator and concession areas, playgrounds, and athletic fields. "Smoke or smoking" means inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other tobacco or plant product, or inhaling or exhaling aerosol or vapor from any electronic delivery device. Smoking includes being in possession of a lighted or heated cigar cigarette, pipe, or any other tobacco or plant product intended for inhalation, or an electronic delivery device that is turned on or otherwise activated. "Tobacco or tobacco product" means any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory tobacco product including but not limited to cigarettes; cigars and other smoking tobacco; snuff and other chewing tobacco; electronic delivery devices; and any other kinds and forms of tobacco. The term excludes M product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. "Tobacco Use" means the act of smoking the use of smokeless tobacco, or the use of any other tobacco product in an form. 8-4-3: PROHIBITED ACTS AND CONDITIONS E. Tobacco use is prohibited at all times in or on all recreational areas. It is not a violation of this policy to use tobacco in or on recreational areas as part of a Native American spiritual or cultural ceremon pproval from the City of Mendota Heights City Administrator or his/her designee must be received prior to the ceremony. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this second day of April, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Jj� Neil Garlock, Mayor ATTEST Lorri Smith, City Clerk Ord. 539 Page 2 of 2 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA INOnCX1Afmm[ r% COUNTY OF RAMSEY hR025CRA {AiGfLIFJ[e NQ 59C N �. LuLetta Schmitz �.. C[iYaf "C'o"" being duly sworn on oath, says: that she is, nerwsof A Mu, u�xrrr M and during all times herein states has been, Clerk of Northwest Publications, Inc., Publisher of the newspaper known as the H-t:f Saint Paul Pioneer Press, a newspaper of general circulation within the Counties of Chisago, Dakota, Ramsey and Washington in Minnesota and Pierce and St. Croix in Wisconsin. That the notice hereto attached was cut from t°'M1 the columns of said newspaper and was printed and published therein on the '5°"" following date(s): � 5th of April 2019 ;. Newspaper Ref./Ad # 71431632 3..dx. W ns:mo� q nurayra�raamn _�. sir iat r{ua.r huYc.�ynr. Subscribed and sworn to before me this 21st of May 2019 rBarbara Lynn Regal tl. bK+fi�� �y fwvLL.rre�.� 7B na Ramsey County, Minnesota My commission expires January 31, 2022 5�, urCi nn� wA �� 11 BAA` „li; an rLTL�tYfY ' kaN.a:ro4emo. faietea r yV�•'rPJotary PublIC-Minn (10mh8suo�t�a 5AMtumssion ExL P es]an 31.2022 �'l , neN: cr ha,71w rxrr ZIP =IY'MU-4 A C4' YiN301A Y.eJGHn 4 '� , I"., 1c+ Inn 'ri�., Crr