HomeMy WebLinkAbout2023-05 CCOCITY OF BROOKLYN CENTER
Please take notice that the City Council of the City of Brooklyn Center will hold a public hearing on
Monday, August 28, 2023 at approximately 7:00 p.m. at Brooklyn Center City Hall, located at 6301
Shingle Creek Parkway, Brooklyn Center, Minnesota. Said public hearing will include a second
reading and proposed adoption of an ordinance prohibiting the use of cannabis and hemp products in
public places within the City of Brooklyn Center. Meeting materials can be accessed by visiting the
City of Brooklyn Center's website at: hLtps://www.ci.brooklyn-center.mn.us/. A definite time for this
ordinance to be considered cannot be given as it will depend on the progression of the agenda items.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance.
Please contact the City Cleric at (763) 569-3300 to make arrangements.
ORDINANCE NO. 2023-05
AN ORDINANCE AMENDING CHAPTER 19 OF THE BROOKLYN CENTER CITY CODE
TO PROHIBIT THE USE OF CANNABIS AND HEMP PRODUCTS IN PUBLIC PLACES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAINS AS
FOLLOWS:
Section 1. Brooklyn Center City Code, Chapter 19 Table of Contents, is hereby amended by
adding the following double -underlined language:
PROHIBITING USE OF CANNABIS AND HEMP PRODUCTS IN PUBLIC PLACES
Definitions . 19-4000
Use of Cannabis and Hemb Prohibited in Public Places . 19-4001
Penalties . . 19-4002
Section 2. Brooklyn Center City Code, Chapter 19, is hereby amended by adding Sections 19-
4000 through 19-4002 as follows:
Section 19-4000. DEFINITIONS. For purposes of this section, the following definitions
shall apply in the interpretation and enforcement of Sections 19-4000 through 19-4002.
"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 it may be amended from time to time.
2. "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. 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.
Section 19-4001. USE OF CANNABIS AND HEMP PROHIBITED IN PUBLIC
PLACES. No person shall use cannabis flower, cannabis products, lower -potency hemp edibles,
or hemp -derived consumer products in a public place.
Section 19-4002. PENALTIES. A violation of this section shall be considered a petty
misdemeanor notwithstanding any other penalty provision in the city code, and, upon conviction,
the violator shall be punished by a fine not to exceed $200.
Section 3. Severability. Should any section or part of this ordinance be declared by a court of
competent jurisdiction to be invalid, such decision will not affect the validity of the ordinance as
a whole or any part other than the part declared invalid.
Section 4. Effective Date. This Ordinance shall become effective after adoption and upon thirty
(30) days following its legal publication.
Adopted this 28th day of August, 2023.
ATTEST: We2l
City Clerk
Date of Publication: September 7, 2023
Effective Date: October 7 2023
2
2,A.,,J
April draves, Mayor