2023-1197 An Ordinance Amending Chapter 30 of the Hopkins City Code by Adding a New Section Prohibiting Cannabis and Hemp use in Public Places and Chapter 32 to Codify the Prohibition of Smoking In City Parks CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2023-1197
AN ORDINANCE AMENDING CHAPTER 30 OF THE HOPKINS CITY CODE
BY ADDING A NEW SECTION PROHIBITING CANNABIS AND HEMP USE IN
PUBLIC PLACES AND CHAPTER 32 TO CODIFY THE PROHIBITION OF SMOKING
IN CITY PARKS
THE CITY COUNCIL OF THE CITY OF HOPKINS, ORDAINS AS FOLLOWS:
SECTION 1. Chapter 30 of the Hopkins, Minnesota, City Code is hereby amended to
include a new Article III — Miscellaneous Offenses by adding the double underlined
language as follows:
ARTICLE III. — MISCELLANEOUS OFFENSES
Sec. 30-24. - Posting bills.
It is unlawful to put up any handbills, advertisements, posters, show bills, or other
signs on any building, pole, or property not owned by that person without permission
from the owner of the property.
SECTION 2. Chapter 30 of the Hopkins, Minnesota, City Code is hereby amended to
include a new Section 30-27 by adding the double underlined language follows:
Sec. 30-27. -Use of cannabis and hemp in public places.
(a) Definitions.
(1) For purposes of this article, the terms "cannabis flower." "cannabis
products." "lower-potency hemp edibles." and "hemp-derived consumer
products" shall have the definitions given to them in Minnesota Statutes.
section 342.01, as it may be amended from time to time.
(2) For purposes of this article. "public place" is defined as any indoor or
outdoor area that is used or held out for use by the public whether owned
or operated by public or private interests. Pursuant to Minnesota Statutes.
section 152.0263. subd. 5. "public place" does not include the following: (i)
a private residence, including the person's curtilage or yard: (ii) private
property not generally accessible by the public: and (iii) the premises of an
establishment or event licensed to permit on-site consumption of cannabis
flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products.
(b) Use of cannabis and hemp prohibited in public places. No person shall use
cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products in a public place. A violation of this section shall be considered
a petty misdemeanor notwithstanding any other penalty provision in the city code.
DOCSOPENW 145\1\893315.v2-8/3/23
and the city council may establish a corresponding fine in its fee schedule for
violations of this section.
(c) Medical Cannabinoid Exemption. Use of a medical cannabinoid product, as
defined in Minnesota Statues, section 342.01, by any authorized delivery method
other than smoking or vaporizing, that meets all requirements under applicable
law, by a patient enrolled and registered in the medical cannabis program, is not
subject to the prohibition contained in Sec. 30.27 (b). Smoking or vaporizing of
medical cannabinoid products is subject to the prohibition in Sec. 30.27 (b).
SECTION 3. The City Council of the City of Hopkins hereby amends City Code, Appendix
A, which contains the City's fee schedule, by adding the double underlined language as
shown in the excerpt below:
Cannabis/Hemp Use In A Public PlaceT$10_0
SECTION 4. Chapter 32, Article II of the Hopkins, Minnesota, City Code is hereby
amended to include a new section as follows:
Sec. 32-45 Smoking in Parks Prohibited
Smoking is prohibited in all City parks, in all public parking lots adiacent to City parks, and
inside all motor vehicles located in any City park or adjacent public parking lot. Smoking
shall include inhalation of smoke, aerosol, or vapor of any substance, including, but not
limited to tobacco products as defined in Section 10-459 and cannabis products or hemp
products as defined in Minnesota Statutes, section 342.01.
SECTION 5. Chapter 32, Article 1, Section 32of the Hopkins, Minnesota, City Code is
hereby amended by deleting the StFiGken material and adding the double underlined
material as follows:
Sec. 32-2. - Violations constitute petty misdemeanors.
Violation of a regulatory provision of this sestioo chapter is a petty misdemeanor.
SECTION 6. In accordance with Section 3.03 of the City Charter and Minn. Stat. §
412.191, subd. 4, due to the significant length of this Ordinance, City staff shall have the
following summary printed in the official City newspaper in lieu of the complete ordinance:
On August 15, 2023, the Hopkins City Council adopted Ordinance 2020-1156 that
amends Chapter 30 of the Hopkins City Code. The purpose of amending the City
Code was to prohibit the use of cannabis and hemp in public places and to prohibit
smoking of any substance in City parks. The Ordinance also made minor technical
updates to the structure and wording of parts of Chapters 30 and 32. A printed
copy of the ordinance is available for inspection during regular business hours at
Hopkins City Hall and is available online at the City's web site located at
www.hopkinsmn.com.
DOCSOPEN\HP145\1\893315.v2-8/3/23
SECTION 7. The effective date of this ordinance shall be August 24, 2023.
First Reading: August 8, 2023
Second Reading: August 15, 2023
Date of Publication: August 24, 2023
Date Ordinance Takes Effect: August 24, 2023
at ' k Hanl or
ATTEST:
�aj2A
Amy Domeier, City Clerk
DOCSOPEN\HP 145\1\893315.v2-8!3/23