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HomeMy WebLinkAbout2025-09 PROHIBIT CANNABIS IN PUBLIC PLACES BR291-437-1042320.v1 CITY OF BROOKLYN CENTER ORDINANCE NO. 2025-09 AN ORDINANCE AMENDING CHAPTER 19-4000 PROHIBITING USE OF CANNABIS AND HEMP PRODUCTS IN PUBLIC PLACES The City Council of the City of Brooklyn Center does ordain as follows: Article I. Brooklyn Center City Code, Chapter 19 is amended as follows: Section 19-4000. PROHIBITING USE OF CANNABIS AND HEMP IN PUBLIC PLACES. Section 19-4001. PURPOSE AND FINDINGS A. Purpose. The purpose of this ordinance is to protect the public health, safety, and welfare in the City by implementing regulations pursuant to Minnesota Statutes, Section 342, related to the use cannabis and hemp products within the City. B. Findings. The City finds and concludes that these regulations are appropriate and lawful, and that the proposed amendments are in the public interest and for the public good. Section 19-4002. DEFINITIONS A. Cannabis Flower, Cannabis Products, Lower-Potency Hemp Edibles, Hemp-Derived Consumer Products. 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 it may be amended from time to time. B. Public Place. 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. 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, unless the individual is explicitly prohibited from consuming cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products on the property by the owner of the property; 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 19-4003. PROHBITION No person shall use Cannabis Flower, Cannabis Products, Lower-Potency Hemp Edibles, or Hemp- Derived Consumer Products in a Public Place. 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 19-4004. 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 19-4005. SEVERABILITY. If any part, term or provision of this ordinance is held by a court of competent jurisdiction to be invalid, preempted by state law, or unconstitutional, such portion shall be deemed severable and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this article, which remaining portions shall continue in full force and effect. Section 19-4006. EFFECTIVE DATE This ordinance shall take effect following its passage and publication in accordance with state law. Passed and adopted this 8th day of September, 2025, by the City Council of the City of Brooklyn Center September 8, 2025 Date April Graves, Mayor ATTEST: Shannon Pettit, City Clerk