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Ordinance 589 Regulating ParksCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE 1140.589 AN ORDINANCE OF THE CITY OF MENDOTA HEIGHTS AMENDING TITLE 8, CHAPTER 4 OF THE CITY CODE REGULATING PUBLIC PARKS The City Council of the City of Mendota Heights ordains: Section 1. The following sections of Mendota Heights City Code Title 8, Chapter 4 are hereby amended by adding the underlined to read as follows: 844: DEFINITIONS: "All times" means 24 hours a day, seven days a week. "Cannabis flower, cannabis product, lower -potency hemp edible, and hemp -derived consumer product" shall have the meanings as defined in Minn. Star. § 342,01, as may be amended from time to time. "Electronic delivery device" means any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a 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, 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. "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, cannabis flower, cannabis product, 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, cannabis 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 of a 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 any 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 any form. 84-3: PROHIBITED ACTS AND CONDITIONS E. [TeHeeee] Use: [Tehgggt: el Smoking of any kind, including tobacco and cannabis products, is prohibited at all times in or on all recreational areas. It is not a violation of this policy to smoke or use tobacco in or on recreational areas as part of a Native American spiritual or cultural ceremony. Approval from the City of Mendota Heights City Administrator or his/her designee must be received prior to the ceremony. 84-8: VIOLATION; PENALTY Any person violating any provision of this chapter shall be guilty of a misdemeanor and, on conviction thereof, shall be punishable as provided in section 1-4-1 of this Code. Any person violating Section 8-4-3E shall be guilty of a petty misdemeanor and, upon conviction thereof, shall be punishable by a fine. Section 2. Effective Date. This ordinance shall be effective upon adoption and publication according to law. Adopted by the City Council of the City of Mendota Heights this seventh day of August, 2024. CITY COUNCIL C TY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor ATTEST: Nancy Bauer, City Clerk