CITY OF ISANTI
ORDINANCE NO. 579
AN ORDINANCE REPEALING IN ITS ENTIRETY CITY CODE CHAPTER 295, TOBACCO AND REPLACING IT WITH NEW PROVISIONS
Whereas, the Minnesota Legislature has enacted the Minnesota Clean Indoor Air Act (MN Stats 144.411 to 144.417) the purpose of which is to protect employees and the general public from the hazards of secondhand smoke by eliminating smoking in public places, places of employment, and at public meetings and nothing in the Minnesota Clean Air Act prohibits the City from enacting and enforcing more stringent measures to protect individuals from the hazards of secondhand smoke; and
Whereas, the City finds that it is in the best interest of the public to prohibit the lighting of tobacco or use of nicotine or lobelia delivery devices or other electronic delivery device in public places, places of employment, public buildings, other public areas where smoking is restricted by City resolution.
NOW, THEREFORE, THE CITY COUNCIL OF ISANTI DOES ORDAIN AS FOLLOWS: ISANTI CITY CODE CHAPTER 295 AS IT EXISTED PRIOR TO THE DATE HEREOF IS REPEALED IN ITS ENTIRETY. THE FOLLOWING PROVISIONS ARE HEREBY ADOPTED AS CITY OF ISANTI CODE CHAPTER 295 EFFECTIVE AS OF THE DATE HEREOF.
ARTICLE I Smoking Regulations
Electronic Delivery Device. Electronic Delivery Device shall mean any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or other substance through inhalation of vapor from the product. Electronic delivery device shall include any component part of such a product whether or not sold separately. Electronic delivery device shall not include any product that has been approved or otherwise certified by the United States Food and Drug Administration for legal sale in tobacco cessation treatment.
Indoor Area. All space between a floor and ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door or other physical barrier, whether temporary or permanent.
Nicotine or Lobelia Delivery Devices. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco as defined in this section, not including any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco cessation, harm reduction, or for other medical purposes, and it being marketed and sold solely for that approved use.
Smoking. Smoking shall mean inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product, or inhaling or exhaling vapor from any nicotine or lobelia delivery devices or electronic delivery device. Smoking shall include carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation.
Tobacco or Tobacco Products. Tobacco and tobacco products includes cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product: cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff, snuff flour, cavenish; plug and twist tobacco; find cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco.
Tobacco Products Shop. Tobacco Products Shops shall mean any licensed retail establishment that derives at least 90 period of its revenue from tobacco or tobacco products and where no person under the age of eighteen (18) is present, or permitted to enter, at any time.
Tobacco-Related Devices. Tobacco related devices includes any tobacco product as well as a pipe, rolling papers, ashtray, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products or the inhalation of vapor from an electronic device. Tobacco-related devices shall include accessories of components of tobacco-related devices which may be marketed or sold separately.
295-2 Smoking Prohibited
No person shall smoke a cigarette, cigar, pipe, or other lighted tobacco related device, or use nicotine or lobelia delivery devices or any other electronic delivery device in any public place, places of employment, public buildings, or other public areas, all as defined under the provisions of the Minnesota Clean Air Act, or in any other place where smoking is restricted by City resolution or by any other applicable laws, except in a Tobacco Products Shop by a customer or potential customer for the purpose of sampling such tobacco products legally offered for sale by such establishment.
ARTICLE II Smoking on Municipal Property
295-3 Smoking Prohibited
No person shall smoke a cigarette, cigar, pipe or other lighted tobacco related device, or use a nicotine or lobelia delivery device or other electronic delivery device or chew or otherwise use tobacco within any municipal owned building or municipally owned vehicle, within or without the City of Isanti municipal limits.
ARTICLE III Violations and penalties.
Any person who shall do or commit any act which is forbidden by the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $1,000 or imprisonment for a period of not to exceed 90 days, or both, plus costs of prosecution.
This ordinance shall take effect upon it adoption and publication in the Citys Official Newspaper.
Adopted by the City Council this 15th day of April, 2014.
Mayor George A. Wimmer
ATTEST: Donald C. Lorsung
City Administrator/City Clerk
Published in the
Isanti County News
April 23, 2014
CITY OF ISANTI