Baxter approves restrictions on Cannabis use in public spaces
Other ordinances approved restrict overnight parks and street parking hours from Nov. 15 to April 15 to clear the way for snow removal.
City restrictions on cannabis use in public spaces gained clarity.
The Baxter City Council adopted the new ordinance Tuesday, Oct. 17, at its regular meeting. The ordinance went into effect as of Tuesday. The City Council approved ordinance additions to make it clear what is defined as a public space and where cannabis will be limited in the city.
Staff noted the ordinance is identical or nearly identical to those enacted in Brainerd and Crow Wing County .
In August, on the first day of legal recreational cannabis consumption in the state, Baxter City Administrator Brad Chapulis reminded people cannabis smoking was not acceptable on public property. Baxter prohibits smoking of any kind in its parks. At that time, Chapulis noted the city was working on making its ordinance more clear now that cannabis was legal to consume.
Tuesday, Baxter defined a public place as a public park or trail, public street or sidewalk. The public place definition also includes enclosed and indoor areas used by the general public such as theaters, restaurants, bars, food establishments, places licensed to sell intoxicating liquor, wine or malt beverages, retail businesses, gyms, common areas in buildings, public shopping areas, auditoriums, arenas or other areas of public accommodation.
Baxter defines smoking as “inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated product containing cannabis flower, cannabis products, artificially derived cannabinoids, or hemp-derived consumer products.
“Smoking includes carrying or using an activated electronic delivery device for human consumption through inhalation of aerosol or vapor from the product.”
The ordinance prohibits people from using cannabis flower, cannabis products, lower-potency edibles or hemp-derived consumer products in a public place or place of public accommodation unless the place or event is licensed to permit on-sale consumption of adult use cannabis flower and adult use cannabis products.
The ordinance also prohibits people from vaporizing or smoking cannabis flower, cannabis products, artificially derived cannabinoids or hemp-derived consumer products in any location where the smoke, aerosol or vapor would be inhaled by a minor.
In other business, the council:
Adopted an ordinance restricting street parking hours in the winter as a solution to parking issues and snow removal. The city’s Public Works and Police departments researched solutions, noting in a report to the council that not often but occasionally each year snowplow drivers run into issues with parked vehicles interfering with snow removal.
The new ordinance states no person shall stop, stand or park any vehicle or permit it to stand on any street between the hours of 2 a.m. to 6 a.m. from Nov. 15 to April 15. There is an option to seek a variance, which would terminate each year on April 15 and need to be reapplied for the following year.
“City staff set out with the goal of creating language that would be the least impactful to the citizens yet would allow for staff to become more efficient in their work,” the report to the City Council stated. “Enforcement of this ordinance will come mainly through education. It has been the goal of city staff to create language that was clear but enforceable if needed. City staff plan to educate the public this first year and then take action only when the education efforts fail to a point where public safety or hazardous conditions exist due to the on-street parking.”
The change passed without discussion.
In addition, the council adopted an ordinance noting it will be unlawful to park a vehicle in or on any park or parking lot within park property between the hours of 10 p.m. and 6 a.m.
“This proposed highlighted language change will bring clarity and consistency to our park rules,” a report to the council stated, adding parks are closed during those hours. “There are times when vehicles are left overnight in the parks or the parking lots of other city property. … Two issues that have come up regarding vehicles in the lots are: 1) Problems associated with snow plowing in the winter months; 2) The issue of what appears to be some city lots becoming overflow areas for adjacent multi-tenant buildings.”
