§ 18-5. Smoking prohibited in certain designated areas.

(a)

Findings and purpose. The Legislature of the State of Minnesota by adoption of Laws 2007, Chapter 82, the Freedom to Breath Act of 2007, authorized any statutory or Charter City in the State of Minnesota to enact or enforce more stringent regulations than otherwise contained in state law regulating smoking by an individual in a public place, in order to protect members of the general public from the hazards of secondhand tobacco smoke. The Council of the City of Chatfield hereby finds that in order to protect members of the public, including children who are the most physically vulnerable, from exposure to the hazards of secondhand tobacco smoke, it is appropriate to ban smoking in public areas or parks where large numbers of persons, which include a high concentration of children, congregate. The provisions of this chapter are intended to promote the public health, comfort and welfare of the citizens of the City of Chatfield, especially its children.

(b)

Definition. For purposes of this section, the term "smoking" means the inhaling or exhaling of smoke from any lighted cigar, cigarette, pipe, or other lighted tobacco product. "Smoking" also includes the carrying of a lighted cigar, cigarette, pipe or any other lighted tobacco or plant product intended for inhalation.

(c)

Prohibitions.

(1)

Except as provided in subsection (c)(2) herein, no person shall engage in smoking in the following public areas within the city:

a.

Block 19, original plat of the Town (now City) of Chatfield (Potter Center for the Arts site).

b.

The city park platted as the public square in the original plat of the Town (now City) of Chatfield.

c.

Within the picnic shelter located in Groen Park and in the area located within 15 feet of the boundaries of the shelter.

d.

Within the skate park located in Mill Creek Park and in the area located within 15 feet of the boundaries of the skate park.

e.

In any area located within 15 feet from the boundary of any playground or children's play apparatus located in any public park.

(2)

The prohibitions set forth in subsections (c)(1)a. and (1)b. above, shall not apply if a person is smoking on a public sidewalk maintained on the perimeter of the location and is at a distance greater than 15 feet from the boundary of a playground or play apparatus at that location.

(d)

Penalty. A violation of any prohibition set forth in this section shall be an administrative offense, and punishable by payment of an administrative penalty in the amount of $25.00.

(Ord. No. 393, § 1, 7-12-2010)