CR 2014-038 Approve Resolution Revising Legialative Policy 5G - Tobacco Free Parks PolicyApril 1, 2014 Council Report 2014-038
APPROVE RESOLUTION REVISING LEGISLATIVE POLICY
5G — TOBACCO FREE PARKS POLICY
Proposed Action
Staff recommends approval of the following motion: Move to adopt Resolution 2014-018 revising
Legislative Policy 5-G Tobacco Free Parks Policy.
Approval of this motion will revise the language in Policy 5-G prohibiting the use of e -cigarettes in
the Hopkins City parks.
On October 19th, 2010, the City Council approved Resolution 2010-070 approving a new
Legislative Policy for tobacco free city parks.
At the February 11, 2014, Council Work Session, the issue of e -cigarette use was discussed. The
City Council stated that they liked the idea of promoting chemical -free, tobacco -free city buildings
and parks by banning the use of e -cigarettes. Based upon the discussion, the City Council directed
staff to consult the Hopkins Park Board regarding this use.
The Hopkins Park Board met on March 17, 2014 and reviewed the issue. The Park Board
recommended that Policy 5-G Tobacco Free Parks be revised to add e -cigarettes to the definition of
tobacco products prohibited in City parks.
Does the City Council wish to revise Legislative Policy 5-G to prohibit the use e -cigarettes in
the Hopkins City Parks?
Supporting Information
• Excerpt from the February 11, 2014 Work Session
• Resolution 2014-018
• Legislative Policy 5-G with revisions shown
Kristine A. Luedke, City Clerk
Financial Impact: $ Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
Council Report 2014-038
Page 2
Excerpt from the City Council Work Session Minutes of February 11, 2014:
New business:
E -Cigarette Discussion
Ms. Luedke presented an overview of what an a cigarette is, regulations, FDA authority, State of
Minnesota licensing and an overview of Minnesota cities that have addressed a cigarette regulation.
Ms. Luedke gave an overview of a cigarette options that the Council could consider.
• Take no action at this time as the current moratorium is in place until October 24, 2014.
• Amend the City Code to continue the sale of a cigarettes and allow vaping studios to operate.
• Amend the City Code to allow the sale of a cigarettes but prohibit vaping in businesses with a
tobacco license. This option would allow use of a cigarettes in businesses that do not have a
tobacco license.
• Prohibit use of e -cigarettes in public buildings and parks.
• Prohibit use of e -cigarettes in areas covered by the Minnesota Clean Indoor Air Act. The city
would be responsible for enforcement of this prohibition.
Mr. Genellie explained that if the city prohibits a cigarettes, the city would be responsible for
enforcement. Staff contacted some of the local establishments and there have been no complaints
regarding use of a cigarettes. Any business that has a Tobacco License can sell a cigarettes. Mr.
Genellie discussed with Council that an ordinance could be adopted to ban the use of a cigarettes in
city buildings and parks. At this time banning of the use of e -cigarettes is the decision of the
individual property owner.
Council consensus is to leave the moratorium in place with the hope that the State and Federal
Government will provide some guidance and regulations before the moratorium expires. Council
likes the idea of promoting chemical -free, tobacco -free city buildings and parks by banning e -
cigarettes. Staff will continue to investigate changing the ordinance to ban a cigarettes in city
buildings and parks by consulting with the Hopkins Police Department, Hopkins Park Board and the
City Attorney. Staff will present information to Council at a future meeting.
CITY OF HOPKINS HENNEPIN
COUNTY, MINNESOTA
RESOUTION 2014-018
RESOLUTION APPROVING REVISES TO
LEGISLATIVE POLICY 5-G TOBACCO FREE
PARKS POLICY
WHEREAS, the City of Hopkins has approved a document entitled "The Legislative
Policy Manual" to perform uniform guidelines and City policy so that actions taken are
consistent and fair; and
WHEREAS, the City Council has established Legislative Policy 5-G in order to regulate
tobacco use in City parks; and
WHEREAS, the City Council has determined that the Legislative Policy 5G Tobacco
Free Parks Policy section 2.01 should be revised to add e -cigarettes to the definition of tobacco
products prohibited in City parks.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins
hereby adopts the following amendments to the Legislative Policy 5G, Tobacco Free Parks
Policy section 2.01 to read:
2.01 Tobacco products mean cigarettes, cigars, pipes, plus smokeless forms including e-
ci arettes, dipping tobacco and snuff.
EFFECTIVE DATE: This amendment will go into effect on April 1, 2014.
Adopted by the City Council of the City of Hopkins this ls` day of April 2014.
IM
ATTEST:
Kristine A. Luedke, City Clerk
Eugene J. Maxwell, Mayor
POLICY 5-G
TOBACCO -FREE PARKS
1. PURPOSE
1.01 The purpose of this policy is to set forth the rules and enforcement for banning the use of
tobacco products in City parks and park facilities, thus creating a safer, more enjoyable
environment for all park users.
2. DEFINITIONS
2.01 Tobacco products mean cigarettes, cigars, pipes, plus smokeless forms including e-
ci arm, dipping tobacco and snuff.
2.02 Designated parking area means a marked parking stall or a city -designated and signed
temporary parking area or parking along a street where on -street parking is allowed.
3. REGULATIONS AND PROCEDURES
3.01 No person may use tobacco products on city -owned parkland, park facilities, recreational or
open spaces, except within the confines of a vehicle in a designated parking area.
3.02 Compliance and enforcement procedures
(1) the emphasis in enforcing this policy is through voluntary compliance.
(2) appropriate city -owned parkland, park facilities and open spaces will be signed.
(3) City staff will provide information regarding this policy to Hopkins -Minnetonka
Recreation staff and sports league leaders and coaches
Established: 10/19/2010
Legislative Policy Manual -- Chapter 5-G 1