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ORDINANCE NO.23-19 CITY OF ELK RIVER SHERBURNE COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 26 OF THE ELK RIVER CITY CODE CONCERNING THE USE OF CANNABIS AND HEMP PRODUCTS IN PUBLIC THE CITY COUNCIL OF THE CITY OF ELK RIVER, MINNESOTA ORDAINS: SECTION 1. CHAPTER 26, HEALTH AND SANITATION, is hereby amended to create Article V, section 26-200, section 26-201, and section 26-202 by adding the following language: ARTICLE V. PUBLIC CONSUMPTION OF CANNABIS AND HEMP PRODUCTS 26-200: DEFINITIONS As used in this chapter, the terms defined in Minn. Stat. § 151.72, Minn. Stat. § 342.01, and this section shall have the meaning ascribed to them: PUBLIC PLACE: Property owned, leased, or controlled by a governmental unit and private property that is regularly and frequently open to or made available for use by the public in sufficient numbers to give clear notice of the property's current dedication to public use but does not include: 1. A person's dwelling house or premises, including the person's curtilage or yard; or 2. Private property not generally accessible by the public, unless the person is explicitly prohibited from consuming cannabis flower, cannabis products, lower -potency hemp edibles, or hemp -derived consumer products on the property by the owner of the property; or 3. The premises of an establishment or event licensed to permit on -site consumption. 26-201: PROHIBITED ACTIVITY No person shall use cannabis flower, cannabis products, hemp -derived consumer products, or certain cannabinoid products in a public place. Low -potency hemp edibles and edible cannabis products are exempt from prohibition under this section. 26-202: PENALTY Violation of this section shall be a petty misdemeanor punishable to the maximum extent authorized in Minn. Stat. § 412.231 and Minn. Stat. § 609.0332. SECTION 2. This ordinance shall be effective immediately upon its passage and publication. 227368v1