Ordinance 7131
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 713
AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 14-IV OF THE
CHANHASSEN CITY CODE CONCERNING SMOKING IN CITY PARKS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. FINDINGS AND PURPOSE:
A. By enacting 2023 Session Laws Chapter 63, the Minnesota Legislature enacted
Minn. Stat. Chapter 342, legalizing adult-use cannabis.
B. The new law prohibits the smoking use of cannabis only in areas where smoking
is prohibited under the Minnesota Clean Indoor Air Act (“MCIAA”).
C. The new law also enacted Minn. Stat. § 152.0263, authorizing the City to limit the
use of cannabis in public places and establish that such use is a petty misdemeanor offense.
D. The MCIAA prohibits smoking in enclosed, indoor areas open to the public.
Minn. Stat. §§ 144.413–.414. The MCIAA defines smoking to include the use of nicotine,
tobacco, marijuana, or other plants. Minn. Stat. § 144.413, subd. 5.
E. The MCIAA does not prohibit smoking in outdoor public places but permits cities
to enact and enforce more stringent measures than the MCIAA to protect the public health.
Minn. Stat. § 144.417, subd. 4.
F. Pursuant to its general police powers, including but not limited to Minn. Stat.
§ 421.221, subd. 32, the City may enact regulations to promote the health, safety, order,
convenience, and general welfare of the City.
G. The City Council finds it necessary to prohibit smoking in and around public
parks to protect individuals at those outdoor public places from secondhand smoke or from
involuntary exposure to aerosol or vapor from electronic delivery devices.
SECTION 2. AMENDMENT: Chapter 14, Article 14-IV of the Chanhassen City Code
is amended to add a new Section 14-71 to read as follows:
Sec 14-71 Smoking Prohibited
(a) Smoking is prohibited in all City Parks, in all public parking lots that are adjacent to City
Parks, and inside all motor vehicles located in any City Park or adjacent public parking lot.
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(1) Smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar,
cigarette, pipe, or any other lighted or heated product containing, made, or derived
from nicotine, tobacco, cannabis, hemp, or other plant, whether natural or synthetic,
that is intended for inhalation. Smoking also includes the use of an electronic
delivery device.
(2) Electronic delivery device means any product containing or delivering nicotine,
lobelia, or any other substance, whether natural or synthetic, intended for human
consumption through the inhalation of aerosol or vapor from the product. Electronic
delivery devices include but are not limited to, devices manufactured, marketed, or
sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any
other product name or descriptor.
(b) A violation of this section is a petty misdemeanor.
SECTION 3. EFFECTIVE DATE: This ordinance shall be effective immediately upon
its passage and publication.
PASSED AND ADOPTED this 14th day of August 2023 by the City Council of the City
of Chanhassen, Minnesota.
ATTEST:
Kim Meuwissen, City Clerk Elise Ryan, Mayor
(Published in the Chanhassen Villager on August 24, 2023)
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