[HISTORY: Adopted by the City of Isanti 4-15-2014 by Ord. No. 579;[1] amended in its entirety 9-5-2023 by Ord. No. 795. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 295, Tobacco, comprised of Art. I, Smoking on Municipal Property, adopted 10-16-2001 by Ord. No. 243.
As used in this chapter, the following terms shall have the meanings indicated:
CANNABIS FLOWER, CANNABIS PRODUCTS AND LOWER-POTENCY HEMP EDIBLES
These terms shall have the meanings as defined in Minn. Stat. § 342.01.
ELECTRONIC DELIVERY DEVICE
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% 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.
PUBLIC PLACE
Property that is generally open to or accessible by the public, except on those premises licensed by the state to permit on-site consumption.
PUBLIC PROPERTY
Real and personal property owned, managed or controlled by the City, including City buildings and surrounding land, parking lots, parks, trails and City rights-of-way consisting of both the traveled portion and the abutting boulevard, sidewalks and trails, and any City personal property, including motor vehicles and equipment.
SMOKING
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
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, cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco.
TOBACCO PRODUCTS SHOP
Any licensed retail establishment that derives at least 90% of its revenue from tobacco or tobacco products and where no person under the age of 21 is present, or permitted to enter, at any time.
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.
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 Indoor Air Act,[1] 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.
[1]
Editor's Note: See Minn. Stat. § 144.411 et seq.
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 municipally owned building or municipally owned vehicle, within or without the City of Isanti municipal limits.
No person shall vaporize or smoke cannabis flower, cannabis products, artificially derived cannabinoids, or lower-potency hemp consumer products in a public facility or on public property.
Any person who shall do or commit any act which is forbidden by the provisions of this chapter shall be guilty of a petty misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $300 plus costs of prosecution.