Section 8.76
The City of Tracy does ordain:
The City Council of the City of Tracy hereby supplements Section 8 of the Tracy City Code by adding a new section, Section 8.76 as follows:
“Section 8.76 Prohibition of Use of Cannabis and Cannabis Products in Public Places
Subd. 1. Definitions.
(A) For purposes of this article, the terms “cannabis flower”, “cannabis products”, “lower-potency hemp edibles”, and “hemp-derived consumer products” shall have the definitions given to them in Minnesota Statutes, section 342.01, as amended.
(B) For purposes of this article, “public place” is defined as any indoor or outdoor area that is used or held out for use by the public whether owned or operated by public or private interests, which includes, but is not limited to any public street, public sidewalk, public easement, publicly owned property, public park, publicly owned or operated parking lot or parking facility. Pursuant to Minnesota Statutes, section 152.0263, subd. 5, “public place” does not include the following: (i) a private residence, including the person’s curtilage or yard, (ii) private property not generally accessible by the public; and (iii) the premises of an establishment or event licensed to permit on-site consumption of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products.
(C) For purposes of this article, “electronic cigarette” is defined as any electronic-smoking device that can be used to deliver nicotine or any other substances to the person inhaling from the device. The term shall include such devices whether they are manufactured as electronic cigarettes, electronic cigars, electronic pipes or any other product name, including but not limited to “mods”, “vape pens”, “vapes”, “tank systems”, and “electronic nicotine delivery systems (ENDS)”.
(D)For purposes of this article, “smoking” is defined as inhaling or exhaling smoke or vapor from any instrumentality, including but not limited to any cigar, cigarette, pipe, rolling papers, joint, hookah pipe, or an operating electronic cigarette.
Subd. 2. Use of Cannabis and Cannabis Products Prohibited in Public Places.
(A)No person shall use, smoke, or ingest cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public place.
(B) A violation of this section shall be a petty misdemeanor offense, punishable by a fine of $200.
Subd. 3. Repeal of Ordinance No 382. This ordinance hereby repeals Ordinance No.____- An Emergency Ordinance Prohibiting the Use of Cannabis and Cannabis Products in Public Places, passed on July 28, 2023.
Subd. 4. Pursuant to Section 3.05 of the Tracy City Charter, this ordinance shall become effective 30 days after passage and publication.”
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TRACY, MINNESOTA THIS 11th DAY OF SEPTEMBER 2023.