File #: 23-020-O    Name:
Type: Ordinance Status: Passed
File created: 7/20/2023 In control: Intergovernmental Relations
On agenda: 7/24/2023 Final action: 8/14/2023
Title: AN ORDINANCE AMENDING CHAPTER 28, ARTICLE VII, SECTIONS 28-62, 28-63, 28-64, 28-69 and 28-72, OF THE DULUTH CITY CODE TO CLARIFY THAT SMOKING CANNABINOIDS IS PROHIBITED TO THE SAME EXTENT AS TOBACCO IN CERTAIN CITY LOCATIONS, UPDATE THE DEFINITION OF ELECTRONIC CIGARETTES, AND DELETE REDUNDANT LANGUAGE.
Sponsors: Arik Forsman, Terese Tomanek, Roz Randorf
Attachments: 1. Motion to Amend: Hobbs/Alstead: Passed 7-1(Awal)
Title
AN ORDINANCE AMENDING CHAPTER 28, ARTICLE VII, SECTIONS 28-62, 28-63, 28-64, 28-69 and 28-72, OF THE DULUTH CITY CODE TO CLARIFY THAT SMOKING CANNABINOIDS IS PROHIBITED TO THE SAME EXTENT AS TOBACCO IN CERTAIN CITY LOCATIONS, UPDATE THE DEFINITION OF ELECTRONIC CIGARETTES, AND DELETE REDUNDANT LANGUAGE.

Body
BY COUNCILORS FORSMAN, TOMANEK, AND RANDORF:
The city of Duluth does ordain:
Section 1. That Chapter 28, Article VII, Section 28-62, of the Duluth City Code be amended as follows:
Sec. 28-62. Findings of fact and statement of purpose.
(a) The Duluth City Council finds the following facts to exist:
(1) Tobacco and cannabinoids smoke is a major contributor to indoor air pollution, and breathing second hand smoke, whether indoors or outdoors, is a cause of disease, including lung cancer, in nonsmokers. At special risk are children, elderly people, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Many of these individuals cannot go into public places with second hand smoke due to their respiratory or allergenic handicap; and
(2) Health hazards induced by breathing second hand smoke include, but are not limited to, lung cancer, heart disease, respiratory infection and decreased respiratory function; and
(3) The simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to environmental tobacco and cannabis smoke for which there is no known safe level of exposure.
Section 2. That Chapter 28, Article VII, Section 28-63, of the Duluth City Code be amended as follows:
Sec. 28-63. Definitions.
For the purposes of this Article, the following words and phrases shall have the meaning hereinafter ascribed to them:
(a) Central Hillside Park shall mean that property bounded by Lake Avenue, Third Street, First Avenue East and Fourth Street, commonly referred to as "Central...

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