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HomeMy WebLinkAbout11.08.23 Parks and Rec Packet Meeting Location: Farmington City Hall 430 Third Street Farmington, MN 55024 PARKS AND RECREATION REGULAR MEETING AGENDA Wednesday, November 8, 2023 7:00 PM Page 1.CALL TO ORDER 2.APPROVE AGENDA 3.APPROVE MINUTES 3.1.October 23, 2023 Meeting Minutes Agenda Item: October 23, 2023 Meeting Minutes - Pdf 3 - 7 3.2.October 23, 2023 Special Meeting Minutes Agenda Item: October 23, 2023 Special Meeting Minutes - Pdf 8 - 11 4.PRESENTATIONS 4.1.Public Comments Agenda Item: Public Comments - Pdf 12 4.2.Tobacco-Free Parks Overview Agenda Item: Tobacco-Free Parks Overview - Pdf 13 - 34 5.BUSINESS ITEMS 5.1.Subcommittee for Fall Food Truck Event Agenda Item: Subcommittee for Fall Food Truck Event - Pdf 35 6.DISCUSSION ITEMS 6.1.Review Joint Meeting with Empire Parks and Recreation Commission Agenda Item: Review Joint Meeting with Empire Parks and Recreation Commission - Pdf 36 6.2.2024 Work Plan Ideas Agenda Item: 2024 Work Plan Ideas - Pdf 37 6.3.Review 2023 Work Plan Progress Agenda Item: Review 2023 Work Plan Progress - Pdf 38 - 43 7.COMMISSION ROUNDTABLE Page 1 of 47 7.1.Round Table Format Agenda Item: Round Table Format - Pdf 44 8.STAFF REPORT/UPDATES 8.1.Informational Updates Agenda Item: Informational Updates - Pdf 45 - 46 9.MEETING AGENDA TOPICS Possible Items for December 13, 2023 Meeting Agenda Agenda Item: Possible Items for December 13, 2023 Meeting Agenda - Pdf 47 10.ADJOURN Page 2 of 47 PARKS AND RECREATION COMMISSION AGENDA MEMO To: Parks and Recreation Commission From:Kellee Omlid, Parks & Recreation Director Department:Parks & Recreation Subject:October 23, 2023 Meeting Minutes Meeting:Parks and Recreation Commission - Nov 08 2023 INTRODUCTION: Attached are the draft minutes from the parks and recreation commission’s October 23, 2023 meeting. Commission members are asked to review the minutes and provide any corrections or additions that are needed at the meeting. ATTACHMENTS: October 23, 2023 PRC Draft Meeting Minutes Page 3 of 47 Farmington Parks and Recreation Commission Minutes from the October 23, 2023 Regular Meeting Members Present: Katharine Caron, Cody Fishman, Megan Merricks, and David McMillen Members Absent: Katie Putt Other’s Present: Parks and Recreation Director Kellee Omlid I. Call Meeting to Order Vice-chair McMillen called the meeting to order at 6:00 p.m. Quorum was present. II. Approval October 23, 2023 Meeting Agenda Moved by Fishman and seconded by Caron to approve the meeting agenda. All persons in favor (APIF). Motion carried. III. Approval of September 13, 2023 Regular Meeting Minutes Moved by Merricks and seconded by Fishman to approve the meeting minutes with no revisions. APIF. Motion carried. IV. Presentations A. Public Comments There were no public comments shared at the meeting. V. Business Items VI. Discussion Items A. 2024 Work Plan Ideas Director Omlid provided an overview of the development and timeline of the 2024 work plan. Chair Putt sent an email regarding feedback on the agenda: “Do we have another park to replace Flagstaff Meadows for the 24 workplan? Or will we need to continue working on it?”. Director Omlid stated we won’t have a master plan to work on in 2024. Vermillion Commons would likely be the next park needed to be master planned and will probably be in 2025. Improvements at Flagstaff Meadows Park and Sunny Hills Park need to be completed and ribbon cuttings in 2024. Completing the improvements at Rambling River Park could be included in the 2024 work plan. Commissioner Caron suggested including Depot Way Arts Park in the work plan. With the apartment complex being built, having an appealing and aesthetically pleasing place to go is important for these residents. Keep it as an art park and collaborate with the Farmington School District for a rotating art display. Vice-chair McMillen mentioned a Tobacco Free Parks Policy. Director Omlid mentioned Dakota County Public Health and Tobacco-Free Alliance will be at the November 8 parks and recreation commission meeting to do a presentation and commission can decide after if they want to include in the 2024 work plan. Commissioner Fishman suggested a MN DNR or Trout Unlimited explore fishing in the Vermillion River presentation. Items in the 2023 work plan that should be included in the 2024 work plan Page 4 of 47 are: 2025-2029 Capital Improvement Plan for the Park Improvement Fund, Parks and Facilities Tour, Work Session with City Council, Bike Pedestrian Plan Priorities, Food Truck Event(s), Joint Meeting with Empire Parks and Recreation Commission, and periodic presentations from parks and recreation department and city staff. There will be an opportunity to add more items to the 2024 draft work plan in December with approval of the plan to take place in January. B. Review 2023 Work Plan Progress Vice-chair McMillen reviewed the progress of the goals and objectives of the 2023 work plan. VII. Commission Roundtable McMillen: Didn’t have anything to share. Caron: There is a Virtual Mural Street Art class at Dodge Middle School that is looking for opportunities and a potential partnership with the city and parks and recreation department to paint a mural. Discussion regarding if there was a side of a building or perhaps Rambling River Center to paint a mural and inviting the students to a parks and recreation commission meeting to present their ideas. Putt: N/A Merricks: Didn’t have anything to share. Fishman: Reached out to two contacts at the MN DNR about presenting at a future parks and recreation commission meeting. Hasn’t heard anything back. Commissioner Caron has a contact at the DNR and will get the information to Commissioner Fishman. Director Omlid will send a follow-up email to the two contacts at the MN DNR. VIII. Staff Report/Updates Director Omlid provided information on the following: A. Pilot Knob Road Trail Preliminary Design City and Dakota County staff had a Pilot Knob Road trail preliminary design meeting with Bolton & Menk a few weeks ago. Two preliminary layouts were presented with the goal of getting to one. Staff preferred the layout that keeps the trail furthest from Pilot Knob Road. There will likely need to be a retaining wall(s). There will be an open house for the project, but will likely move it to after the holidays. Pushing the open house back won’t affect anything as Dakota County has final design in their 2024 Capital Improvement Plan (CIP). B. North Creek Greenway Trail Dakota County is constructing 2.2 miles of the North Creek Greenway between 189th Street in Farmington and 173rd Street in Lakeville. The project will reconstruct 1.2 miles of existing trail in Farmington and construct 1 mile of new trail in Lakeville. The finished greenway segment will consist of a 10-foot-wide paved trail and two new trail bridge crossings of North Creek, including one in Farmington. Weekly construction meetings have started. Dakota County has a “Current Construction” web page for the project and can be found by searching North Creek Greenway Lakeville Farmington on their website. There will be some trail closures this winter for the project. The project timeline is October 2023-January 2024: site access preparation, bridge structure pile driving, and pier construction; February-April 2024: bridge structure placement and bridge deck construction; April-July 2024: trail removals, grading, and paving; and; July- August 2024: trail node construction and site restoration. Page 5 of 47 C. Mystic Meadows Trails The trails at Mystic Meadows were reclaimed in summer 2022. The root barrier was installed in the wrong location and willows have started busting through the new trail. Staff is working with the engineer and contractor to develop a solution to fix the situation and looking for it to be completed this fall. D. Flagstaff Meadows Park The playground is in, but fenced off as the Engineered Wood Fiber (EWF), safety surfacing material, isn’t in place yet. A load of EWFs was dropped today and two more truck loads are to be delivered tomorrow. The construction of the concrete border for the playground will start tomorrow. The trail now goes from the park to Farmington High School. The park will be dormant seeded in two weeks after the first hard frost. There will be improvements that will be completed in the spring including park sign installation, park bench pads, and trees. We will hold a ribbon cutting for the park in the spring when all the improvements are completed. E. Park Dedication Study Almost a whole year after oral argument, the Minnesota Supreme Court ruled in favor of the City of Burnsville in the Puce v. City of Burnsville case. The city attorney is reviewing the case, but one clear takeaway is “Although park dedication fee formulas were found valid, there needs to be rational as to how a city gets to a particular formula. From other attorneys who have read it, there is good guidance in the opinion about how to provide sufficient individualized determination while using a formula.”. Once the city attorney has fully reviewed the opinion and shared thoughts, staff will meet with HKGi to finish the park dedication study. F. Schmitz-Maki Arena Drop-Off Lane and Pillars As part of the 2022 Spruce Street Improvements a drop-off lane was added in front of the Schmitz-Maki Arena. Pillars were put on the south side of the lane, so people couldn’t run from Spruce Street through the drop-off lane. The three western pillars obstructed the view from drivers exiting the drop-off lane. A consultant reviewed the stopping sight distance (SSD) for a 30 MPH roadway speed and indicated the exit appears to meet the required SSD. However, the driver experience leaving the drop-off lane gives a sense your vehicle is well out of the exit before you can see past the pillars. Thus, the top of the three western pillars were lowered by approximately 20 inches today. G. Emerald Ash Borer in Parks Natural Resource Specialist, Ed Rutledge, applied for and was awarded a Minnesota Department of Natural Resources (DNR) Community Forest Grant. Parks Maintenance staff removed several dead and declining ash trees in Hill Dee Park, Rambling River Park, Tamarack Park, and Westview Park. Tree contractors will remove several larger ash trees this winter. Each tree removed will be replaced with a new tree as part of this project. Tree replacements will start in spring 2024. H. Halloween Havoc Tour and Halloween Walk The Halloween Havoc Tour started October 16. There are 16 houses on the tour with two homes playing music on radio station 91.9 and two houses collecting non-perishable food items for the Farmington Food Shelf. The Halloween Walk is Friday (October 27) from 5:30-7 p.m. behind Dodge Middle School. Twenty (20) businesses and organizations are registered to participate. Weather dependent, the Walk will be held outside in the bus parking area. I. Rambling River Center Annual Breakfast and Silent Auction Fundraiser Page 6 of 47 The annual breakfast and silent auction fundraiser is Saturday (October 28) at the Rambling River Center. Breakfast is 8-9:30 a.m. and the silent auction is 8-10 a.m. Breakfast is $12 per person which includes egg bake, cheesy hashbrowns, caramel / cinnamon rolls, fruit, juice, and coffee. IX. Meeting Agenda Topics The following items were tentatively identified by the commission for its November 8, 2023 meeting agenda: 1. X. Adjournment Moved by Fishman and seconded by Caron to adjourn the meeting. APIF. Motion carried. The meeting was adjourned at 6:46 p.m. Respectfully Submitted, Kellee Omlid Parks & Recreation Director and Recording Secretary Page 7 of 47 PARKS AND RECREATION COMMISSION AGENDA MEMO To: Parks and Recreation Commission From:Kellee Omlid, Parks & Recreation Director Department:Parks & Recreation Subject:October 23, 2023 Special Meeting Minutes Meeting:Parks and Recreation Commission - Nov 08 2023 INTRODUCTION: Attached are the draft minutes from the parks and recreation commission’s October 23, 2023 joint meeting with Empire Parks and Recreation Commission. Commission members are asked to review the minutes and provide any corrections or additions that are needed at the meeting. ATTACHMENTS: October 23, 2023 Empire PRC and Farmington PRC Draft Meeting Minutes Page 8 of 47 City of Farmington and City of Empire Parks and Recreation Commission Minutes from the October 23, 2023 Joint Meeting Farmington Members Present: Katharine Caron, Megan Merricks, Cody Fishman, and David McMillen Farmington Members Absent: Katie Putt Empire Members Present: Kacie Fahey, Mike Carey, Tanya Borchardt, Nicole Bower, and Mark Page Empire Members Absent: Josh Lindgren Other’s Present: Empire Deputy Clerk Dawn McCracken and Farmington Parks and Recreation Director Kellee Omlid Vice-chair McMillen called the meeting to order at 7:00 p.m. Quorum was present. Introductions: Commission members and staff introduced themselves. Agenda items discussed included: 1. Recent Park and Trail Projects • Empire received a DNR Outdoor Recreation Grant, so completed improvements at Town Hall Park including new playground equipment and native gardens. • Empire grounded tree roots on trails and then seal coated the trails. • Empire purchased 50 trees at the Dakota County tree sale and planted them near the disc golf course. • The construction of Flagstaff Meadows Park in Farmington is nearly completed with the playground and shade structure installed and the trail now goes from the park to Farmington High School. • Farmington completed a Pavement Condition Index (PCI) rating of all trail pavements within the city. This data will be incorporated into financial planning, maintenance programming, and the Capital Improvement Plan (CIP) for Trail Improvements. 2. Future Park and Trail Projects • Empire Park Preserve will be the next park scheduled for improvements in the next two-three years. • There is a new development, Deer Meadows, proposed in Empire at 197th Street and Biscayne Avenue that would include a new park. • The next new park in Farmington will likely be in Vermillion Commons, which is located south of Fire Station 1 and on the west side of Denmark Avenue. • Depot Way Arts Park is on the commission’s radar for potential improvements with the addition of the new apartments (The Emery) on Hwy. 50 and Third Street. 3. Rambling River Park • The master plan for Rambling River Park was updated over the last several months. • Identified improvements to the park include an all-inclusive playground, new picnic shelter near the Veteran’s Memorial, new bathrooms, skatepark, splash pad, bandshell, and trail improvements. 4. Current Program Partnerships/Collaborations • Information was shared about parks and recreation programs offered in Empire including Friends and Fun Time (FFT), Puppet Wagon, and Pickleball Lessons. The Friends and Fun Time didn’t get enough registration to be held in Empire or Farmington. 5. Recreation Programs and Events Information Page 9 of 47 • Empire holds Sunday night entertainment at Town Hall Park in the summer. • This year Empire had Barnyard Buddies Petting Zoo, RAD Zoo, Curtis Magic, Baron of Bubbles, balloon artist, and the Farmington High School (FHS) Marching Band. • Attendance averaged 80-100 people other than for the FHS Marching Band, which was over 500 people. 6. Review Food Truck Events and Discuss 2024 Event(s) • Attendance for the fall food truck event was down. There was a home football game that night and they also had food trucks. • Discussion regarding moving the fall event to a Sunday in coordination with Empire’s entertainment. Potentially have a band. How do we pay for the band? Suggested to ask Farmington Area Enhancement Group for funding for band. Perhaps a subcommittee to discuss and determine fall event details. • Empire isn’t interested in charging the food trucks. • The spring food truck event will be held Friday, May 17 from 5 to 8 p.m. in Empire at Stelzel Ballfields 7. Music/Entertainment in Parks • Farmington has Music in the Park May – August on the last Wednesday of the month at 7 p.m. at Rambling River Park. Attendance was approximately 612 people this year. • Farmington shows two movies in the park. One on a Friday night in July and the second on a Saturday night in September. Attendance was approximately 528 people this year. 8. New Residential/Commercial Developments • A new development, Deer Creek, which is planned near 197th St. W. and Biscayne Ave. in Empire is likely to happen. • Kwik Trip is planning to break ground in the spring on the land they own in Empire, which is east of Hwy. 3 and north of Stelzel Ballfields. Discussion is still taking place regarding where the entrance / exit will be. • Nitti Sanitation, 160th St. and Clayton Ave. in Empire, opened. • Farmington has several new housing developments happening including The Emery (apartments), Vermillion Commons, Vita Attiva, Sapphire Lake, and Whispering Fields. • Hiwatha Broadband Communications (HBC) is building a fiber network throughout Empire and Farmington. They are going to have a store front in the former Zen Nails building. 9. Update on Empire Incorporating and Transitioning into a City • Empire is Minnesota’s newest city and incorporated on February 28, 2023. • The Town Board dissolved and now Empire has a mayor and city council members. • An additional member was added to both the parks and recreation and planning commissions. • They are working through some ordinances that needed to be updated as they become a city. 10. Empire Celebration • The Empire Celebration is held on the first Thursday in August. • In addition to grilling hotdogs, they added hamburgers this year. • The planning commission and Hope Church helped the parks and recreation commission on the day of the celebration with grilling and clean-up. • Entertainment included a DJ, Dakota County Library mobile book station, petting zoo, balloon artist, and Sheriff’s Department (dive tank and K-9 demonstration). • There were approximately 615 people who attended the celebration this year. 11. Dew Days • Dew Days was held June 22 – 25. Page 10 of 47 • New this year were teen events including several inflatables. However, an adjustment was quickly made to youth as they were the ones interested in the inflatables. • Rain late afternoon, but people still came for Saturday night entertainment. It ended up being well attended. • There was a lot of rain on Sunday morning, but it stopped approximately 10 minutes before the start of the parade and started again after it was over. • There was a question if the Shriners still rode their motorcycles in the parade. They haven’t for several years. 12. Miscellaneous Items • Empire is holding an Intro to Budgeting class November 6 and 7 at 7 p.m. It will be held at the Public Works Building and is open to the public. Folks interested in attending the class should call Empire City Hall to reserve their spot. • Empire inquired if Farmington had a staff member dedicated to Facebook. Farmington has a Communications Specialist who handles Facebook and the other social media channels, city’s website, the Currents, and press releases. • It was decided to form a subcommittee to work out the details of the fall food truck event. Farmington Parks and Recreation Commission will discuss it at their next meeting on November 8 and Empire Parks and Recreation Commission will discuss it at their next meeting on November 13. Director Omlid will follow up with City Clerk McCracken after Farmington’s meeting. Moved by Merricks and seconded by Caron to adjourn the meeting. All persons in favor (APIF). Motion Carried. The meeting was adjourned at 8:26 p.m. Submitted by Kellee Omlid Parks and Recreation Director and Recording Secretary Page 11 of 47 PARKS AND RECREATION COMMISSION AGENDA MEMO To: Parks and Recreation Commission From:Kellee Omlid, Parks & Recreation Director Department:Parks & Recreation Subject:Public Comments Meeting:Parks and Recreation Commission - Nov 08 2023 INTRODUCTION: This agenda item allows the public to speak to commission members about any item that is not on the agenda. When speaking to the commission it must be in a respectful and non-threatening manner. Anyone wishing to provide public comments must provide their name and address for the record. Public comments shall not exceed five minutes. The commission will not respond to the comments and a formal written response will be sent prior to the next commission meeting to the person who made the public comments. Under no circumstances will any formal action be taken on the public comments that are provided to the commission. Page 12 of 47 PARKS AND RECREATION COMMISSION AGENDA MEMO To: Parks and Recreation Commission From:Kellee Omlid, Parks & Recreation Director Department:Parks & Recreation Subject:Tobacco-Free Parks Overview Meeting:Parks and Recreation Commission - Nov 08 2023 INTRODUCTION: At the August 9, 2023 parks and recreation commission meeting, staff presented an overview of the exploration of a tobacco free parks policy in September 2007 through April 2008. As a reminder, at the April 2008 meeting, the parks and recreation commission approved recommending to city council a tobacco free parks policy. However, the tobacco free parks policy wasn’t approved by city council due to a lack of a motion. Commission had discussion at their August 9, 2023 meeting regarding a tobacco free parks policy. Discussion included how much if an issue cigarette smoking and tobacco use was in the parks, what other cities were doing for enforcement of tobacco free parks policies, commission’s current work plan, and working on a tobacco-free parks policy that still might not be approved. The commission decided they were interested in Dakota County Public Health coming to present their Commercial Tobacco-Free Living program at a future parks and recreation commission meeting. Kjirsten Anderson, Dakota County Public Health, and Elyse Levine Less, Tobacco-Free Alliance, will be at the meeting to present a tobacco-free parks overview. Included in the packet is Ramsey County’s Smoking and Commercial Tobacco Use Ordinance and the Public Health Law Center Tobacco-Free Area Best Practices. Commission members are asked to review the information, listen to the presentation, and ask any questions they have. ATTACHMENTS: Ramsey County Smoking and Commercial Tobacco Use Ordinance 7.12.22 Tobacco-Free-Recreational-Areas 2023 PHLC Page 13 of 47 1 Ramsey County Smoking and Commercial Tobacco Use Ordinance 1.00 This Ordinance will be known as the "Ramsey County Smoking and Commercial Tobacco Use Ordinance.” 2.00 Purpose 2.01 The main objectives of this Ordinance are: A. To protect the health of the people of Ramsey County from the negative effects of commercial tobacco while in public places and places of employment. B. To affirm the right of people to breathe air without secondhand smoke. C. To reduce commercial tobacco use and exposure in children, youth and young adults. D. To protect the health of vulnerable and disproportionately impacted populations. E. To reduce waste from commercial tobacco products that can harm human and animal health and the environment. 3.00 Authority The Ramsey County Board of Commissioners is authorized to adopt this Ordinance by Minnesota Statutes sections 44.417, subd. 4(a) and chapters 145A and 375, the Home Rule Charter for Ramsey County, and other applicable legislation, as may be adopted or amended from time to time. 4.00 Jurisdiction 4.01 This Ordinance applies throughout all of Ramsey County. 4.02 Nothing in this Ordinance will prevent cities and townships within Ramsey County from adopting stricter rules to protect people from smoking or commercial tobacco products. 4.03 Nothing in this Ordinance authorizes smoking or the use of commercial tobacco products in any location where smoking or the use of commercial tobacco products is restricted by other laws. 5.00 Definitions For purposes of this Ordinance, the following definitions apply, unless the context clearly indicates a different meaning. Any term that is not defined will be interpreted as the commonly understood meaning. 5.01 County staff. County staff and service providers include but are not limited to: employees; independent contractors; contractors; vendors; consultants; volunteers; and elected and appointed officials. 5.02 Electronic delivery device. Any product containing or delivering nicotine, lobelia or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. Electronic delivery device includes, but is not limited to, devices manufactured, marketed or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of Page 14 of 47 2 a product, whether or not marketed or sold separately. Electronic delivery device does not include any “drug,” “device,” or “combination product” as defined in the Federal Food, Drug, and Cosmetic Act that has been authorized by the United States Food and Drug Administration for sale as a tobacco ce ssation product, a tobacco dependence product, or for other medical purposes. 5.03 Minnesota Clean Indoor Air Act. Minnesota Statutes Sections 144.411 to 144.417, as amended from time to time. 5.04 Place of employment. “Place of employment” as defined in Minnesota Statutes Section 144.413, subd. 1b, as amended from time to time. 5.05 Public place. “Public place” as defined in Minnesota Statutes Section 144.413, subd. 2, as amended from time to time. 5.06 Smoking. Inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe or any other lighted or heated product containing, made or derived from nicotine, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. Smoking will also include carrying or using an activated electronic delivery device. 5.07 Commercial tobacco product. Any product containing, made, or derived from tobacco or nicotine, whether natural or synthetic, 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 including, but not limited to, cigarettes; 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. Commercial tobacco pro ducts do not include traditional or ceremonial tobacco plant material used as part of an American Indian cultural practice or a lawfully recognized religious, spiritual or cultural ceremony or practice or any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug, and Cosmetic Act. 5.08 Commercial tobacco product use. The act of smoking or the consumption of any commercial tobacco product. 6.00 Prohibitions and Exceptions 6.01 Prohibitions A. Smoking is not allowed in indoor public places and places of employment as defined by the Minnesota Clean lndoor Air Act. B. Smoking and commercial tobacco product use are not allowed at any time by any person on any property that is owned, leased, rented, contracted or otherwise used or controlled by Ramsey County. This prohibition includes but is not limited to, all facilities; grounds; parking lots; work areas, vehicles and equipment; walkways, paths and trails; park and recreation areas, lands and bodies of water; public golf courses, playgrounds, beaches, swimming pools, nature areas and recreation centers. Page 15 of 47 3 C. Smoking or commercial tobacco product use is not allowed in personal vehicles parked on property that is owned, leased, rented, contracted or otherwise used or controlled by Ramsey County. D. Except as provided in Section 6.02, smoking is not allowed within twenty-five (25) feet of entrances, exits, windows and ventilation intakes of public places and places of employment. 6.02 Exceptions. The prohibitions in Section 6.01 do not apply to the following places or situations: A. The proprietor of a food establishment may set aside an outdoor dining or bar area of a food establishment for smoking. This may be done if this location is appropriately signed as a smoking area, and the area is not immediately next to a building entrance. B. Members of the public passing through on an outdoor street, alley or sidewalk where smoking is prohibited by this Ordinance, while on their way to another location. C. Use of tobacco as part of an American Indian cultural practice or a lawfully recognized religious, spiritual or cultural ceremony or practice. Sacred, traditional use of tobacco for prayer, ceremony and memorial is allowed. 7.00 Enforcement A. No person or employer can permit smoking in an area they control where smoking is prohibited by this or any other law. B. No County staff can permit smoking or commercial tobacco product use in any area that is under the control of Ramsey County and in which smoking or commercial tobacco product use is prohibited by this or any other law. C. County staff may check property that is owned, leased, rented, contracted or otherwise used or controlled by the County to make sure this Ordinance is not violated. Any person who violates this Ordinance will be reminded of its requirements and asked to immediately stop smoking or using commercial tobacco products. Any person who does not stop smoking or using commercial tobacco products will be asked to immediately leave Ramsey County property. 8.00 Violations and Penalties A. Citations. Where appropriate, the preferred method of enforcement will be a request for voluntary compliance. Whenever any person authorized to issue administrative citations for the violation of law, discovers a violation of this ordinance, a n administrative citation may be issued to the person alleged to have committed the violation. The administrative citation will be issued to the person charged with the violation, or in the case of a corporation or municipality, to any officer or agent authorized to accept such issuance. B. Civil administrative fine. Any person who violates this Ordinance by smoking or engaging in commercial tobacco use anywhere it is prohibited, and who does not immediately stop when asked to, may be issued an administrative citation according to the Ramsey County Administrative Ordinance. Fine amounts vary depending on violation. Refer to the Ramsey County Smoking and Commercial Tobacco Use Ordinance Violations Fine Schedule for detailed amounts. Page 16 of 47 4 C. Proprietors. Any proprietor, person or entity that owns, leases, manages, operates or otherwise controls the use of an area in which smoking and commercial tobacco product use is prohibited, and that knowingly does not comply with this Ordinance, may be issued a civil penalty. Fine amounts vary depending on violation. Refer to the Ramsey County Smoking and Commercial Tobacco Use Ordinance Violations Fine Schedule for detailed amounts. D. Repeat violations. Each day a violation occurs or continues will be considered a separate offense. Repeat or ongoing offenses may result in an administrative citation per day, as well as trespass from Ramsey County property. E. Ramsey County licensees. Failure to comply with this Ordinance may be a basis for adverse action for licenses issued under Ramsey County ordinances. 9.00 Severability If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of the Ordinance. The Board of Commissioners hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. 10.00 Previous Ordinance Upon the Effective Date of this Ordinance, the Ramsey County Clean Indoor Air Ordinance, B2015-302, adopted September 22, 2015, effective November 29, 2015, is repealed. 11.00 Effective Date This amendment of the Ordinance will be effective on August 26, 2022. Page 17 of 47 www.publichealthlawcenter.org August 2023SMOKE-FREE PLACES A growing number of cities and counties are adopting or modifying commercial tobacco-free policies for recreational areas.1 This resource serves as a general guide to municipalities considering such policies. It presents various policy options and provides examples of commercial tobacco-free ordinances that have been enacted across the United States. Jurisdictions have varying levels of local authority, resources, and community preferences, and each community should consult with local attorneys familiar with the laws of their jurisdiction to understand the extent of their authority when considering any new ordinance. For those interested in comprehensive commercial tobacco-free outdoor policies, please refer to the Public Health Law Center’s model ordinance. Sample Ordinances from Across the United States COMMERCIAL TOBACCO-FREE RECREATIONAL AREAS Page 18 of 47 www.publichealthlawcenter.org 2 Commercial Tobacco-Free Recreational Areas Commercial Tobacco-Free Recreational Area Policies Foster Health and Safety Commercial tobacco use is one of the leading causes of preventable death. Tobacco-related disease and disorders due to cigarette smoking causes 20 percent of all deaths in the United States annually.2 People who smoke have a three-fold increase in mortality when compared to those who have never smoked and secondhand smoke causes illness and death even among those who do not smoke.3 There is no safe level of exposure to secondhand smoke, which is smoke emitted from an actively burning or recently extinguished cigarette and the smoke exhaled by the person smoking the commercial tobacco product.4 This smoke contains toxic chemicals harmful to people’s health, whether the exposure happens indoors or outdoors. Littered cigarette butts, e-cigarettes, and heated smoking devices present a poisoning hazard to children, pets, and wildlife, and leach toxic chemicals into the soil and groundwater.5 These improperly discarded tobacco product wastes are also among the culprits of human-caused wildfires.6 Since most people want to follow the law, the adoption of commercial tobacco-free policies tends to reduce the incidence of smoking and tobacco use in protected areas.7 When commercial tobacco use prohibitions are implemented in recreational areas, they can bring several benefits to the community, including — z Improved air quality leading to better health outcomes for the residents in the community, z Reduced tobacco product waste litter and associated cleanup costs, and z Making smoking less publicly acceptable, which in turn encourages cessation and discourages initiation into the use of such highly addictive tobacco products, particularly by youth. Legal Considerations Commercial tobacco-free outdoor air policies have become increasingly common in recent years, and few have been challenged in court. When there have been legal challenges, courts have usually upheld them, finding that such laws are within the local government’s authority to protect public health, safety, and welfare and that they are not preempted by statewide smoke-free laws.8 The Family Smoking Prevention and Tobacco Control Act of 2009 explicitly preserves the authority of states and localities to adopt stronger restrictions on commercial tobacco use.9 This federal law contains clear anti-preemption language to ensure states retain their ability to protect populations from exposure to commercial tobacco use. States can choose to pursue August 2023 Page 19 of 47 www.publichealthlawcenter.org 3 Commercial Tobacco-Free Recreational Areas an array of policy options, including comprehensive bans on commercial tobacco use in all outdoor recreational areas within the state. The scope of local government authority varies significantly across states, and even within states, depending on the foundational structure of the jurisdiction. Some localities have wide latitude to enact a vast array of policies, while others may be preempted from adopting certain policy aspects by their respective state legislatures. The chart at the end of this resource presents a compilation of enacted commercial tobacco- free outdoor recreational area ordinances from different localities across the United States. These laws differ in their scope, the recreational areas protected, and the commercial tobacco product use restricted. Please note that this list is not meant to be exhaustive; instead, it aims to offer a diverse range of examples. Policy Elements Findings Regardless of the scope or breadth of the policy a jurisdiction seeks to adopt, it is generally useful to include a findings section. Findings consist of brief statements of fact or statistics that explain the issue being addressed, support the need for the policy, and help clarify the policy’s goal. While some jurisdictions may incorporate findings directly into the law, this practice is not widespread. However, even when not explicitly codified, findings can still become part of the legislative record if they are included as a supporting document or appendix when the proposed legislation is submitted to the governing body for review or as part of the public hearing process. If an ordinance is challenged in court, findings may be introduced as evidence of the factual determinations made by the legislative body when considering the ordinance. Courts usually defer to such legislative determinations on factual issues, which in turn often influence legal conclusions. Definitions The definitions of key terms used in an ordinance play a crucial role in outlining its scope and applicability. Clearly and comprehensively defined terms promote compliance by reducing ambiguity for those affected by the ordinance and providing clear guidance to those tasked with enforcement. Alphabetizing the definitions further enhances readability. Jurisdictions have the option to adopt definitions from their existing ordinances or state law. Depending on their local authority, jurisdictions may choose more comprehensive definitions than those provided at the state level. At a minimum, the following terms should be clearly defined: “recreational area,” “smoke/smoking,” and “tobacco product.”10 For one example of defined terms, see the Public Health Law Center’s Smoke- and Tobacco-Free Outdoor Areas Model Ordinance. August 2023 Page 20 of 47 www.publichealthlawcenter.org 4 Commercial Tobacco-Free Recreational Areas Protected Areas Localities need to determine which outdoor recreational areas will be protected by a commercial tobacco-free outdoor recreational area ordinance, whether to include buffer zones, and whether to add any exceptions. Communities will be most protected from the deleterious effects of tobacco smoke exposure with a comprehensive policy that covers all outdoor recreational areas, whether publicly or privately owned, with significant buffer zones and no exceptions. For example, protected areas could include, but not be limited to: parks, playgrounds, sport courts and fields, hiking trails, walking and running paths, biking paths, aquatic areas, beaches, boardwalks, marinas, amusement parks, zoos and aquariums, skateboard parks, skiing grounds, roller and ice-skating rinks, amphitheaters, fairgrounds, concert venues, and more. A buffer zone around protected areas further decreases exposure to secondhand smoke that may waft into the protected area even in the absence of windy conditions. Buffer zones are also helpful for enforcement by making policy violations easier to identify. Jurisdictions unable to adopt such comprehensive policies at present may consider alternative approaches. The selection of outdoor areas to be protected will depend on the community’s priorities, available resources, and the extent of local authority. For example, August 2023 Page 21 of 47 www.publichealthlawcenter.org 5 Commercial Tobacco-Free Recreational Areas some jurisdictions may lack the authority to prohibit commercial tobacco use in privately- owned or operated recreational areas.11 In such cases, the jurisdiction may opt to clarify that private owners or operators of outdoor recreational areas have the right to prohibit the use of commercial tobacco on their premises. Some localities prohibit smoking only in certain types of recreational areas, such as areas geared for children (i.e., playgrounds or grounds used for youth sports). Others may prohibit outdoor smoking beyond recreational areas but exclude sidewalks, parking lots, or explicitly-named venues. Alternatively, a jurisdiction may choose to adopt a narrower definition of the term “recreational areas.” When deciding which areas to exempt from commercial tobacco-free protections, decision-makers could consider how congregating tobacco use in those areas will impact the people who use, work, or live near those exempted spaces. The potential accumulation of tobacco product litter on nearby soil, waterways, and storm drains is another important factor to consider. Some jurisdictions protect areas only during certain times, such as prohibiting smoking in recreational areas only when youth sporting events are taking place. The benefits of such time-based protections are likely minimal, as it leaves recreational area users of all ages exposed to secondhand smoke when the protected event is not taking place. Moreover, such policies are unlikely to effectively reduce the presence of commercial tobacco product litter. Furthermore, event-based regulations create difficulties for compliance and enforcement due to a lack of policy uniformity. Prohibited Conduct or Product Use Commercial tobacco-free outdoor recreational area policies can also vary in the range of prohibited conduct and product use. However, a comprehensive prohibition on commercial tobacco product use offers several significant advantages. First, it provides the greatest protection for the health of both the community’s people and the environment. Second, with the constant emergence of new commercial tobacco products, a comprehensive prohibition simplifies compliance and enforcement efforts. It spares those tasked with ensuring compliance from the burden of determining whether each novel product is prohibited or not. To ensure that all tobacco product use is prohibited, a clear and comprehensive definition of the terms “smoking” and “tobacco product” is essential. The tobacco product definition should encompass all commercial products containing tobacco or nicotine, including synthetic nicotine. In addition to explicitly including existing products like cigarettes, cigars, smokeless tobacco, and e-cigarettes, the tobacco product definition could be crafted to anticipate and capture novel products that the industry might create in the future. Jurisdictions may choose to exclude certain types of tobacco products or make exceptions for specific uses. For example, some communities choose to make exceptions for hookah August 2023 Page 22 of 47 www.publichealthlawcenter.org 6 Commercial Tobacco-Free Recreational Areas use based on their community preferences or may leave out smokeless tobacco from the prohibition. However, it is important to note that smoking hookah and exposure to secondhand smoke from hookah pose similar risks as other combustible commercial tobacco products.12 Similarly, smokeless tobacco contains potent carcinogens and can lead to cancer of the mouth, esophagus, and pancreas, in addition to posing a risk of nicotine poisoning for children.13 Therefore, localities will want to carefully assess the impact of any exclusions or exemptions on the health and air quality goals of their commercial tobacco-free outdoor policies. Sacred Tobacco Exempting the use of traditional, ceremonial, and sacred tobacco from the policy is considered a best practice, as it has been a long-standing practice in some tribal communities for hundreds of years.14 Unlike commercial tobacco use, sacred tobacco is approached with respect, moderation, and purposeful awareness, mainly for cultural and spiritual purposes, and is typically not inhaled. In contrast, commercial tobacco is mass-produced by companies for recreational and social use, often containing thousands of added chemicals and being addictive.15 For more information about this topic, please visit keepitsacred.org. August 2023 Page 23 of 47 www.publichealthlawcenter.org 7 Commercial Tobacco-Free Recreational Areas Compliance Options Achieving compliance with commercial tobacco-free outdoor recreational areas policies is important because there is no safe level of exposure to secondhand smoke from commercial tobacco, even in outdoor settings. Compliance measures should protect the public from such exposure while recognizing that punitive measures might not effectively assist individuals struggling with tobacco addiction to quit the use of commercial tobacco. Instead, counseling, education, and access to cessation treatment and resources are the most effective ways to help individuals dealing with nicotine addiction. For more information on equitable enforcement, please visit Tobacco-Control-Enforcement-for-Racial-Equity. People tend to comply with tobacco-free policies when they are aware of their existence, making these policies largely self-enforcing when they are proactively introduced. To enhance compliance, the jurisdiction should conduct public education campaigns to inform the public and local businesses about the policy before and during its implementation. Additionally, community compliance can be more successful if the following measures are taken into account: z The policy is clearly stated and easy to understand. z Boundaries and recreational areas covered by the policy are clearly identified. z Prohibited products and conduct are explicitly defined. z Tobacco use cessation support and resources are available and accessible in the jurisdiction. z Active steps are taken to communicate the policy to all affected parties, including: |Strategically placing signage that states the policy, penalty, and local quit line number. |Removing ashtrays that may send contradictory messages. |Conducting public education campaigns that raise awareness about the risks of exposure and the benefits of creating commercial tobacco-free areas. Localities often rely on their police departments to enforce commercial tobacco control policies. However, significant equity concerns arise when behaviors resulting from addiction are met with criminal penalties, such as misdemeanors, petty misdemeanors, or infractions. The criminal process can lead to probation or parole violations, summons resulting in a criminal record or warrant, and other adverse effects on a person’s interaction with the justice system. As a result, these criminal sanctions may jeopardize access to housing, benefits, education, and employment, potentially exacerbating addiction rather than promoting cessation. Communities of color, which have long been targets of the tobacco industry’s aggressive marketing practices, are more likely to experience the downsides of disparate policing. Therefore, we discourage August 2023 Page 24 of 47 www.publichealthlawcenter.org 8 Commercial Tobacco-Free Recreational Areas the use of criminal sanctions for violations of commercial tobacco use prohibitions. Instead, we recommend prioritizing enforcement by civil public employees, such as recreational area staff, before involving law enforcement. For privately controlled areas, it is more effective to place primary responsibility for ensuring compliance on property owners or operators, with appropriate civil penalties for failure to reasonably enforce the policy whenever possible. Some localities may consider using monetary administrative penalties for individual violations of commercial tobacco use prohibitions as a way to recover enforcement costs. However, these penalties carry the same risks of discriminatory enforcement and can create similar financial hardships for individuals as mentioned above. Alternative enforcement methods can be more productive, such as asking the person using commercial tobacco to comply or to leave the premises, or requiring them to sign up for cessation services or quit line calls. Ultimately, most individuals are willing to abide by the law and are less likely to violate the policy if they are well-informed about its existence, purpose, and scope. Educating the public about the policy is a critical way to achieve compliance. Complementary Policies Communities where commercial tobacco products are widely available may encounter challenges in achieving compliance with commercial tobacco-free outdoor recreational area policies, requiring more public resources for enforcement. To increase the likelihood of success, consider adopting policies that limit access to commercial tobacco products. These policies may include: z Sales restrictions of some or all commercial tobacco products.16 z Density limitations for commercial tobacco retailers, especially in neighborhoods traditionally targeted by the commercial tobacco industry’s marketing practices.17 z Location restrictions for commercial tobacco retailers, ensuring they are not situated within walking distance of schools, playgrounds, or other youth-oriented recreational areas or venues. z Requiring establishments that sell tobacco products to obtain tobacco retailer licenses, which can in turn facilitate and fund enforcement of commercial tobacco control laws. z Requiring retailers to properly dispose of their commercial tobacco product waste or restricting sales of products that the jurisdiction is ill-equipped to manage when they become waste. z Implementing or expanding indoor smoke-free air policies for businesses and multiunit housing. August 2023 Page 25 of 47 www.publichealthlawcenter.org 9 Commercial Tobacco-Free Recreational Areas By implementing these policies, communities can take significant strides in protecting public health and mitigating the impact of commercial tobacco on residents. Other Considerations for Localities State legislatures possess broad authority to restrict the use or sale of commercial tobacco products. Importantly, no federal preemption prevents the implementation of tobacco point- of-sale policies, such as those described above. However, jurisdictions should be sure to seek guidance from local counsel to determine if they have the necessary grant of authority from their state government to enact such policies. In addition, localities should inquire about any state laws that may preempt local governments from adopting more stringent commercial tobacco control measures and determine the extent of any preemption. For more information on the commercial tobacco industry’s efforts to curtail the authority of local governments to enact commercial tobacco control policies, refer to our analysis of the preemption doctrine in commercial tobacco control. Examples of Ordinances Across the U.S. This chart presents select examples of U.S. cities and counties that have implemented restrictions on the use of commercial tobacco products in parks and recreational areas. The Public Health Law Center encourages the following best practices in commercial tobacco-free policies: (1) covering the entire jurisdiction, (2) prohibiting the use of all commercial tobacco products (i.e., all combustible tobacco, smokeless tobacco, and e-cigarettes), (3) making exceptions only for ceremonial or sacred tobacco use by tribal communities, and (4) adopting equitable enforcement methods, considering the highly addictive nature of nicotine. The chart arranges the jurisdictions in alphabetical order by state, highlighting variations among policies in each of these four areas. The chart also provides links to each jurisdiction’s laws. Policy aspects that are considered best practice are coded with a green checkmark (), while policy options not recommended are coded with a red cross mark (). A state or local government considering whether to adopt any language from the following policies should ensure that the language is appropriate, practical, and legal for its jurisdiction. Please note that the Public Health Law Center does not endorse or recommend any of the following ordinance examples in their entirety. These examples are included solely to illustrate how various jurisdictions regulate the use of commercial tobacco products in recreational areas. This chart is not exhaustive and does not claim to encompass every best policy in the nation. For further information about commercial tobacco-free recreational area policies in your community, please do not hesitate to reach out to the Public Health Law Center. August 2023 Page 26 of 47 www.publichealthlawcenter.org 10 Commercial Tobacco-Free Recreational Areas Avondale, AZ All products covered?Covered locations Exempted locations Penalty   Yes Parks, public open space, aquatic facilities, stake parks, trails, cemeteries, and all surrounding parking areas, if the city has an interest in the property and it is open to the public None Citation  Park permit revocation Avondale Code of Ordinances Sec. 17-5(a)(26) Manhattan Beach, CA Also bans sales of commercial tobacco products All products covered?Covered locations Exempted locations Penalty   No Smokeless tobacco not covered  City-owned or -operated recreational facilities and specifically named places None Infraction (fine amount unspecified; CA has a maximum of $250 for infractions) Manhattan Beach Code of Ordinances sec. 12.48.056  No Smokeless tobacco not covered Beach and Municipal Pier  Strand walkway; parking lots Infraction with graduated fines starting at $50 for the first violation Manhattan Beach Code of Ordinances sec. 12.08.320 Rohnert Park, CA All products covered?Covered locations Exempted locations Penalty   No Smokeless tobacco not covered  Publicly or privately owned unenclosed recreational areas  25 feet buffer zone  Public streets, alleyways, and sidewalks only when walking through Infraction and graduated fines, not to exceed $100 for the first violation  Three or more violations in a 12-month period become a misdemeanor; public nuisance remedies Rohnert Park, California Code of Ordinances Sec. 8.32.050(B)(7) August 2023 Page 27 of 47 www.publichealthlawcenter.org 11 Commercial Tobacco-Free Recreational Areas San Francisco, CA All products covered?Covered locations Exempted locations Penalty   No Smokeless tobacco not covered  Recreational outdoor areas open to the public that are under the jurisdiction of any City department Commercial piers  Playgrounds and tot lots (regulated by the State) Infraction with graduated fines starting at $100 for the first violation San Francisco Health Code section 1009.81 Sonoma County, CA All products covered?Covered locations Exempted locations Penalty   No Smokeless tobacco not covered  Recreational areas of the unincorporated county  25 feet buffer zone Designated smoking areas Infraction with graduated fines starting at $100 Sonoma County Code of Ordinances Sec. 32-6 Vallejo, CA All products covered?Covered locations Exempted locations Penalty   No Smokeless tobacco not covered  Publicly or privately owned recreational areas, and within a reasonable distance therefrom  Use of traditional sacred tobacco as part of an indigenous practice or a lawfully recognized religious or cultural practice  Infraction with graduated fines not to exceed $100, or 5 days of community service for the first violation Vallejo Municipal Code sec. 7.68.060(A)(1) Brush, CO All products covered?Covered locations Exempted locations Penalty   Yes  City-owned outdoor public places One specific campground and one specific golf course  Infraction and fine (code violations carry fines up to $2,600 and/or incarceration up to 364 days); nuisance declaration Brush Municipal Code Sec. 10.2-50 August 2023 Page 28 of 47 www.publichealthlawcenter.org 12 Commercial Tobacco-Free Recreational Areas County of Maui, HI All products covered?Covered locations Exempted locations Penalty   Yes  Any county owned and operated park or recreational facility None  Fine up to $500 County of Maui Code of Ordinances Sec. 13.04A. 070(A)(9) Garden City, KS All products covered?Covered locations Exempted locations Penalty   Yes City parks, playgrounds, outdoor courts, amphitheaters, swimming facilities or skate parks None Ordinance infraction with graduated fines, starting at $100 per the Uniform Public Offense Code For Kansas Cities Garden City Code of Ordinances sec. 62-2(u)(b) Lenexa, KS All products covered?Covered locations Exempted locations Penalty   No Smokeless tobacco not covered  City-owned outdoor courts, amphitheaters, park shelters, playground areas, swimming pool facilities, public event spectator areas  15 feet buffer zone None Infraction with graduated fines, starting at $100 Lenexa City Code Section 3-5-F-3(G) City of Boston, MA All products covered?Covered locations Exempted locations Penalty   No Smokeless tobacco not covered  Parks and other public places under the control of the Parks and Recreation Commission None  $250 fine per violation; enforced through non-criminal disposition or criminal complaint 7-4.14 Smoking Prohibited in Parks. (amlegal.com) August 2023 Page 29 of 47 www.publichealthlawcenter.org 13 Commercial Tobacco-Free Recreational Areas Medford, MA All products covered?Covered locations Exempted locations Penalty   No Smokeless tobacco not covered  Parks, commons, playgrounds, and outdoor recreational areas Areas designated by board of park commissioner; as part of religious ceremonies, as part of a theatrical production if smoking is crucial part of it Graduated fines starting at $100 Medford Code of Ordinances Sec. 58-43 Ongunquit, ME All products covered?Covered locations Exempted locations Penalty   No Smokeless tobacco not covered; unclear if e-cigarettes are covered Town beaches None  Verbal warning first, $50 fine if no compliance after warning Ogunquit Town Code Sec. § 147-21 Byron Township, MI All products covered?Covered locations Exempted locations Penalty   Yes  All recreational areas owned, leased, used or controlled by the township  Tobacco use as part of Native American spiritual or cultural ceremony if approval received prior to ceremony  Asked to comply, then subject to ejection Township staff subject to disciplinary action Byron Township Code of Ordinances Sec. 28-46.5 Spring Park, MN All products covered?Covered locations Exempted locations Penalty   Yes  City-owned parks and facilities  Designated areas; streets, easements, and sidewalks adjacent or within city parks  Asked to comply and/ or leave Spring Park Code of Ordinances sec. 37-3 August 2023 Page 30 of 47 www.publichealthlawcenter.org 14 Commercial Tobacco-Free Recreational Areas Raleigh, NC All products covered?Covered locations Exempted locations Penalty   No Smokeless tobacco not covered  All city parks and greenways and associated structures  Automobile parking areas of the parks and greenways Infraction and fine up to $50 Raleigh Code of Ordinances Sec. 13-3016(b) Concord, NH All products covered?Covered locations Exempted locations Penalty   Yes Listed city parks  Public plazas, municipal golf course; designated areas of some listed parks  Revocation of permits for park permit holders Concord, New Hampshire Code of Ordinances Sec. 6-1-4 Broken Bow, OK All products covered?Covered locations Exempted locations Penalty   Yes  All municipal property, indoor or outdoor, including park and recreational areas None Citation and fine between $10 and $100 Broken Bow Code of Ordinances Sec. 20-2 Miami, OK All products covered?Covered locations Exempted locations Penalty   Yes  Municipal property, indoor or outdoor, including parks, arenas and other recreational areas and including personal vehicles None Fine up to $100 Miami Code of Ordinances Sec. 13-221 Tulsa, OK All products covered?Covered locations Exempted locations Penalty   Yes  All municipal property, indoor or outdoor, including park and recreational areas  Streets and sidewalks Citation and fine between $10 and $100 Tulsa Code of Ordinances Sec. 2208 August 2023 Page 31 of 47 www.publichealthlawcenter.org 15 Commercial Tobacco-Free Recreational Areas Cranston, RI All products covered?Covered locations Exempted locations Penalty   Yes  Athletic and recreational facilities None Fine of up to $100 Cranston Code of Ordinances Sec. 8.44.010 West Warwick, RI All products covered?Covered locations Exempted locations Penalty   Yes  Town-owned public parks and outdoor recreational areas/ facilities  Public sidewalks, streets and property leased by the town Graduated fines and community service, starting at $5 and 5 hours of community service West Warwick Code of Ordinances Sec. 12-10(d)(1) Mauldin, SC All products covered?Covered locations Exempted locations Penalty   Yes  Any park or recreational facility owned or leased by the city Designated areas  Misdemeanor and fine between $10 and $25 Mauldin Code of Ordinances Sec. 18-39 New Braunfels, TX All products covered?Covered locations Exempted locations Penalty   Yes Outdoor city-owned youth athletic fields, skate park, playgrounds, or playground equipment, off-leash dog park  50 feet buffer (does not apply to dog park) None  Fine up to $500 New Braunfels Code of Ordinances Sec. 86-4(j), (s) August 2023 Page 32 of 47 www.publichealthlawcenter.org 16 Commercial Tobacco-Free Recreational Areas Waco, TX All products covered?Covered locations Exempted locations Penalty   No Smokeless tobacco not covered Parkland, city owned athletic fields, the zoo, nature preserves, golf courses, swimming pools, and playgrounds, public events held on city property and used for city purposes Designated areas of listed parks, some during approved special events only; certain areas of golf courses Graduated fine starting at $50 Waco, Texas Code of Ordinances Sec. 16-121 Ashland, WI All products covered?Covered locations Exempted locations Penalty   Yes  City-owned or operated outdoor recreational areas  Native American use of ceremonial or sacred tobacco  Reminder to comply, then ejection  May be subject to penalty of $100–$500 Ashland Municipal Code sec. 463.09(e) This publication was prepared by the Public Health Law Center at Mitchell Hamline School of Law, St. Paul, Minnesota, and made possible with funding from the Robert Wood Johnson Foundation. The Public Health Law Center provides information and legal technical assistance on issues related to public health. The Center does not provide legal representation or advice. This document should not be considered legal advice. Endnotes 1 The Public Health Law Center recognizes that traditional tobacco and commercial tobacco are different in the ways they are planted, grown, harvested, and used. Traditional tobacco is and has been used in sacred ways by Indigenous communities and tribes for centuries. In contrast, commercial tobacco is manufactured with chemical additives for recreational use and profit, resulting in disease and death. For more information, visit https://keepitsacred.itcmi.org. When the word “tobacco” is used throughout this resource, a commercial context is implied and intended. 2 Tobacco Related Mortality, Ctrs. for Disease Control anD Prevention (2020), https://www.cdc.gov/tobacco/data_ statistics/fact_sheets/health_effects/tobacco_related_mortality/index.htm. 3 U.s. DeP ’t of HealtH anD HUm servs., tHe HealtH ConseqUenCes of involUntary exPosUre to tobaCCo smoke (2006), https://www.cdc.gov/tobacco/sgr/2006. August 2023 Page 33 of 47 www.publichealthlawcenter.org 17 Commercial Tobacco-Free Recreational Areas 4 Andrea A. Licht, et al., Secondhand Smoke Exposure Levels in Outdoor Hospitality Venues: A Qualitative and Quantitative Review of the Research Literature, 22 tobaCCo Control 172 (2012), https://www.ncbi.nlm.nih.gov/pmc/articles/ PMC3803107/. 5 Elli Slaughter, et al., Toxicity of Cigarette Butts, and Their Chemical Components, To Marine and Freshwater Fish, 20 tobaCCo Control i25 (2011), https://tobaccocontrol.bmj.com/content/20/Suppl_1/i25; Yogi H. Hendlin, Alert: Public Health Implications of Electronic Cigarette Waste, 108 am. J. PUbliC HealtH 1489 (2018); Marc Buetel, et al., A Review of Environmental Pollution from the Use and Disposal of Cigarettes and Electronic Cigarettes: Contaminants, Sources, and Impacts, 13 sUstainability 23 (2021), https://www.mdpi.com/2071-1050/13/23/12994. 6 U.S. Nat’l Park Serv., Wildfire Causes and Evaluations, https://www.nps.gov/articles/wildfire-causes-and-evaluation. htm (2023). 7 Xisca Sureda, et al., Secondhand Tobacco Smoke Exposure in Open and Semi-Open Settings: A Systematic Review, 121 environ. HealtH PersP. 766 (2013), https://pubmed.ncbi.nlm.nih.gov/23651671. 8 See, e.g., Gallagher v. Clayton, 699 F.3d 1013 (8th Cir. 2012) (upholding the City of Clayton’s ordinance prohibiting smoking on any city-owned or -leased property, including buildings, grounds, parks and playgrounds, which a city resident had challenged on constitutional grounds, asserting that “the health threat of secondhand smoke from outdoor tobacco use is de minim[i]s,” and that the city lacked a sufficient rationale for prohibiting it), http://media. ca8.uscourts.gov/opndir/12/11/113880P.pdf. 9 Family Smoking Prevention and Tobacco Control Act, Pub. L. No. 111-31, 123 Stat. 1776 (2009), https://www.congress. gov/bill/111th-congress/house-bill/1256. 10 Tobacco products covered typically include all combustible tobacco, smokeless tobacco, and e-cigarettes. 11 For example, Wisconsin limits local authority to restrict outdoor commercial tobacco use to “only public property under the jurisdiction of” the local government. Wis. stat. § 101.123(4m). 12 Peyton Jacob III, et al., Nicotine, Carbon Monoxide and Carcinogen Exposure After a Single Use of a Water Pipe, 20 C anCer ePiDemiology biomarkers Prev. 2345, 2345-53 (2011), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3210932; Jens Schubert et al., Waterpipe Smoking: Analysis of the Aroma Profile of Flavored Waterpipe Tobaccos, 115 talanta 665, 665-74 (2013); Alan Shihadeh, An Investigation of Mainstream Smoke Aerosol of the Argileh Water Pipe, 41 fooD anD CHemiC al toxiCology 143- 52 (2003); Ziad El-Zaatari et al., Health Effects Associated with Waterpipe Smoking, 24 tobaCCo Control i31 (2015), https://www.ncbi.nlm.nih.gov/pubmed/25661414. 13 Smokeless Tobacco: Health Effects, Ctrs. for Disease Control anD Prevention (2020), https://www.cdc.gov/tobacco/ data_statistics/fact_sheets/smokeless/health_effects/index.htm#other-risks. 14 Dina F. Maron, The Fight to Keep Tobacco Sacred, sCientifiC ameriC an (Mar. 29, 2018), https://www.scientificamerican. com/article/the-fight-to-keep-tobacco-sacred. 15 U.s. DeP ’t of HealtH anD HUm. servs., tHe HealtH ConseqUenCes of smoking: 50 years of Progress (2014), https:// www.ncbi.nlm.nih.gov/books/NBK179276/pdf/Bookshelf_NBK179276.pdf. 16 manHattan beaCH, Ca ., CoDe § 4.118 (2021), https://library.municode.com/ca/manhattan_beach/codes/code_of_ ordinances?nodeId=TIT4PUWEMOCO_CH4.118PRRESATOPRELSMDE 17 See, e.g., Robert G. Robinson et al., A Report of the Tobacco Policy Research Group on Marketing and Promotions Targeted at African Americans, Latinos, and Women, 1 tobaCCo Control S24-S30, https://tobaccocontrol.bmj.com/content/1/Suppl_1/ S24 (1992); Monique E. Muggli et al., Targeting of Asian Americans and Pacific Islanders by the Tobacco Industry: Results from the Minnesota Tobacco Document Depository, 11 tobaCCo Control 201-09 (2002); Lauren K. Lempert & Stanton A. Glantz, Tobacco Industry Promotional Strategies Targeting American Indians/Alaska Natives and Exploiting Tribal Sovereignty, 21 niCotine & tobaCCo researCH 940 (2019), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6588391/pdf/nty048.pdf; Lisbeth Iglesias-Rios & Mark Parascandola, A Historical Review of R. J. Reynolds’ Strategies for Marketing Tobacco to Hispanics in the United States, 103 am. J. PUbliC HealtH e15 (2013), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3698830. August 2023 Page 34 of 47 PARKS AND RECREATION COMMISSION AGENDA MEMO To: Parks and Recreation Commission From:Kellee Omlid, Parks & Recreation Director Department:Parks & Recreation Subject:Subcommittee for Fall Food Truck Event Meeting:Parks and Recreation Commission - Nov 08 2023 INTRODUCTION: The commission and Empire Parks and Recreation Commission hosted a fall food truck event on Friday, September 8, 2023 at Stelzel Fields in Empire. Attendance at this event was lower than previous food truck events. Both commissions discussed the lower attendance number at their September meeting. Several factors were identified as possibilities leading to less attendees including a Farmington High School home football game with food trucks on the same night and the Minnesota State Fair and Dakota County Fair happening relatively close to the food truck event. and Parks Empire and Commission Recreation and Parks Farmington the At Recreation Commission joint meeting on October 23, 2023 there was much discussion on if and how to proceed with a fall food truck event. One idea presented was to move the fall food truck event to a Sunday late afternoon / early evening in conjunction with the City of Empire’s Sunday evening entertainment. Discussion included how do we pay for the band, where do we have the band play from, and parking concerns. It was decided to form a subcommittee to work out the details of the fall food truck event. Staff is proposing one commission member to be on the subcommittee with a second commission member on be also will Supervisor, alternate. Shearer, Emilee an being the Recreation subcommittee. Commission members should be prepared to discuss, nominate, and formally approve a fall food truck subcommittee member and alternate. Page 35 of 47 PARKS AND RECREATION COMMISSION AGENDA MEMO To: Parks and Recreation Commission From:Kellee Omlid, Parks & Recreation Director Department:Parks & Recreation Subject:Review Joint Meeting with Empire Parks and Recreation Commission Meeting:Parks and Recreation Commission - Nov 08 2023 INTRODUCTION: The commission had a joint meeting with Empire Parks and Recreation Commission on Monday, October 23. Commission members should be prepared to discuss the joint meeting. Following the discussion, some general guidelines should be provided for future meetings with Empire Parks and Recreation Commission to keep it beneficial for both groups. Page 36 of 47 PARKS AND RECREATION COMMISSION AGENDA MEMO To: Parks and Recreation Commission From:Kellee Omlid, Parks & Recreation Director Department:Parks & Recreation Subject:2024 Work Plan Ideas Meeting:Parks and Recreation Commission - Nov 08 2023 INTRODUCTION: Annually in the fall, the commission begins the process of identifying items to consider for inclusion in the next year’s work plan. This may or may not include items in the 2023 work plan that were not completed and the commission would like to carry forward to the 2024 work plan. Commission started the discussion of 2024 work plan ideas at their October 23, 2023 meeting. Ideas included: •Finish improvements at Sunny Hills Park and Flagstaff Meadows Park and have ribbon cuttings •Complete Rambling River Park 2024/2025 projects •Review, brainstorm, partner, and make improvements at Depot Way Arts Park •Tobacco Free Parks Policy •Presentation from Minnesota Department of Natural Resources (DNR) or Trout Unlimited (TU) on trout fishing and the Vermillion River. •2025 – 2029 Capital Improvement Plan (CIP) for the Park Improvement Fund •Parks and Facilities Tour •Work Session with City Council •Bike Pedestrian Plan Priorities •Food Truck Event(s) •Meet with City of Empire Parks and Recreation Commission •Presentations from Parks and Recreation Department and City Staff Commission is asked to review the above work plan ideas and come to the meeting with other possible items that could be included in the 2024 work plan. Staff will then begin preparing a draft of the 2024 work plan for the December meeting. At the December meeting, time will be spent refining a draft work plan with final approval of the work plan occurring at the January 2024 meeting. Page 37 of 47 PARKS AND RECREATION COMMISSION AGENDA MEMO To: Parks and Recreation Commission From:Kellee Omlid, Parks & Recreation Director Department:Parks & Recreation Subject:Review 2023 Work Plan Progress Meeting:Parks and Recreation Commission - Nov 08 2023 INTRODUCTION: The commission’s updated 2023 work plan is included in the meeting packet. Shown in bold red are work plan items completed either at or since the last commission meeting held on October 23, 2023. Items that are in bold black have been completed. Commission members should be prepared to review the work plan to identify any other additional items that have been completed and then discuss other work plan items it would like to work on at future meetings. ATTACHMENTS: 2023 Parks and Recreation Commission Work Plan November Updated Page 38 of 47 FARMINGTON PARKS AND RECREATION COMMISSION 2023 WORK PLAN Goal #1: Provide to the City Council a recommended 2024-2028 capital improvement plan for the park improvement fund. Objectives: 1. By April 1, the Commission will have discussed and identified a preliminary list of five-year capital improvement projects for the park improvement fund that will include a list of parks, costs, and schedule to be completed in the years 2024 to 2028. Status: Completed. A discussion occurred at the May 10, 2023 meeting. 2. By June 1, the Commission will finalize the five-year capital improvement projects for the years 2024-2028 and make a recommendation to the City Council for approval. Status: Completed. The commission recommended to the city council approval of a five-year CIP for the park improvement fund for the years 2024-2028. 3. By December 31, the improvement projects recommended for funding from 2024-2028 will be included in the City Council’s approved 2024 final budget. Goal #2: Participate in a parks and facilities tour with the Rambling River Center Advisory Board and City Council. Objectives: 1. By March 1, the Commission, Advisory Board and City Council will have identified a date to have a tour. Status: Completed. August 30 has been set for the tour. 2. By May 1, a draft list of parks and facilities to tour will be reviewed by the Commission. Status: Completed. The commission recommended parks and facilities to tour at their June 14, 2023 meeting. 3. By June 1, a final list of parks and facilities to tour will be approved by the Commission. Status: Completed. The commission approved the tour sites and schedule at their July 12, 2023 meeting. 4. By October 1, a parks and facilities tour will have occurred. Status: Completed. The parks and facilities tour with the Rambling River Center Advisory Board and city council was held on August 30. Goal #3: Participate in a work session with City Council. Objectives: 1. By February 1, a date to have a work session with City Council will be identified. Status: Completed. A work session with city council and the planning commission is scheduled for April 3. 2. By May 1, a list of work session topic(s) will be approved by the Commission. Status: Completed. An introduction to park dedication was identified as the work session topic. 3. By October 1, a work session with City Council will have occurred. Status: Completed. A work session on park dedication was held with city council and the planning commission on April 3. Page 39 of 47 Goal #4: Participate in the process of making improvements at Flagstaff Meadows Park. Objectives: 1. By January 1, the Commission will have reviewed and approved from the proposals submitted a vendor to purchase and install the playground equipment and will make a recommendation to City Council to approve the vendor selected. Status: Completed. At their December 14, 2022 meeting, commission selected and recommended a vendor to purchase and install the playground equipment. 2. By February 1, City Council will have approved the purchase and installation of the new playground equipment. Status: Completed. City council approved the purchase and installation at their December 19, 2022 meeting, 3. By February 1, the Commission will have reviewed and approved the shade structure designs and colors and will make a recommendation to City Council to approve the purchase. Status: Completed. At their June 14, 2023 meeting, commission selected the colors of the shade structure and recommended city council approve the purchase. 4. By March 1, City Council will have approved the purchase and installation of the new shade structure. Status: Completed. City council approved the purchase and installation of the shade structure at their June 20, 2023 meeting. 5. By August 1, installation of the new playground equipment and shade structure will have been completed. Status: Completed. The new playground equipment and shade structure were installed by November 1. 6. By October 31, a ribbon cutting will have been completed for the new park. Goal #5: Identify Bike Pedestrian Plan Priorities to Accomplish in 2023. Objectives: 1. By March 31, the Commission will have reviewed the priorities identified in the Bike Pedestrian Plan. At its March 8 meeting, the commission decided to wait until the Pavement Condition Index (PCI) survey has been completed on the trails before deciding on additional priorities to work on in 2023. 2. By May 15, the Commission will have developed and approved a list of priorities to work on and complete in 2023. 3. By December 31, Commission members will have worked with staff to accomplish the Bike Pedestrian Plan priorities it identified to complete. Goal #6: Participate in the process of making improvements at Rambling River Park. Objectives: 1. By February 1, the Commission will have provided input on the scope of services for completing a new master plan for Rambling River Park. City council will have approved a consultant to develop the new master plan. Status: Completed. The commission provided input on the master plan proposal draft at their February 8 meeting and city council approved HKGi to update the master plan at their March 6 meeting. Page 40 of 47 2. By March 1, the Commission will have given input on potential improvements (i.e. playground equipment, tennis courts / pickleball courts, skate park, etc.) to be included in the master plan. Status: Completed. At the May 10 meeting, commission listened to a presentation by HKGi on the process to-date and provided feedback on potential amenities and locations in the park. 3. By June 15, a preliminary draft master plan for the park with cost estimates will be reviewed by the Commission and feedback given to the consultant on any revisions to be made to the master plan. Status: Completed. The commission reviewed the draft preferred concept with cost estimates and provided feedback to HKGi at their July 12, 2023 meeting. 4. By August 1, a final master plan with cost estimates will have been reviewed by the Commission and a recommendation for approval and funding forwarded to the City Council. Status: Completed. The commission reviewed the updated draft preferred concept at their August 9, 2023 meeting. 5. By September 1, City Council will have approved a master plan for the park. Status: Completed. City council approved the master plan for Rambling River Park at their August 21, 2023 meeting. Goal #7: Host food truck events in the spring and fall with City of Empire’s Parks and Recreation Commission. Objectives: 1. By January 1, the date and location for the spring food truck event will be approved. Status: Completed. Friday, May 19 from 5 to 8 p.m. in Empire Township at Stelzel Ballfields was approved for the spring food truck event at the joint meeting on October 10, 2022. 2. By April 1, the date and location of the fall food truck event will be approved. Commission will also have decided who will contact the food trucks to see if they are interested in participating. Status: Completed. Friday, September 8 from 5 to 8 p.m. in Empire at Stelzel Ballfields was approved for the fall food truck event at the April 12 meeting. Commissioner Crabtree will contact the food trucks to see if they are interested in participating. 3. By May 15, Commission members will have decided who will help at what times with the spring food truck event. Status: Completed. The commission decided at their May 10 meeting who would work from 4:30-6:30 p.m. and 6:30-8:30 p.m. 4. By May 31, the spring food truck event will have happened. Status: Completed. The spring food truck event was held May 19 with eight food trucks and approximately 1,200 attendees. 5. By September 1, Commission members will have decided who will help at what times with the fall food truck event. Status: Completed. The commission decided at their August 9 meeting who would work from 4:45-6:30 p.m. and 6:30-8:15 p.m. 6. By September 30, the fall food truck event will have happened. Status: Completed. The fall food truck event was held September 8 with seven food trucks and approximately 600 attendees. 7. By October 31, the commissions will have jointly discussed and evaluated the spring and fall food truck events. Status: Completed. The commissions discussed and evaluated the food truck events at the joint meeting on October 23, 2023. Page 41 of 47 Goal #8: Continue to build and strengthen relationships with City of Empire’s Park and Recreation Commission (EPRC). Objectives: 1. By July 1, a date for the joint meeting with EPRC will be set. Status: Completed. Monday, October 23 at 7 p.m. was set for the joint meeting. 2. By August 1, discuss and formulate a list of discussion topics for a joint meeting agenda with EPRC. Status: Completed. A list of topics was discussed at the July 12 meeting and forwarded to (EPRC) 3. By September 1, approve a list of discussion topics for a joint meeting agenda with EPRC. Status: Completed. The agenda was approved at the September 13 parks and recreation commission meeting. 4. By December 1, a meeting will have been held with EPRC. Status: Completed. The meeting was held on Monday, October 23 at 7 p.m. at Farmington City Hall. Goal #9: Receive periodic presentations from each of the parks and recreation department’s professional staff members about programs, parks, facilities and trails and a presentation from the Finance Director on the budget and a presentation from the Planning Manager on new housing and business developments. Objectives: 1. By April 15, Commission members will have received a presentation from the Finance Director on the city’s budget and funding sources. Status: Completed. The Finance Director presented the city’s budget and funding sources at the April 12 meeting. 2. By May 15, the Commission will have received a presentation by professional staff members of the Department’s 2022 Annual Report. Status: Completed. The annual report was presented at the March 8 meeting. 3. By June 15, Commission members will have received a presentation from staff on the results of the Schmitz-Maki Arena’s winter ice season. Status: Completed. Parks and Facilities Supervisor Jeremy Pire presented the results of the Schmitz-Maki Arena’s 2022-23 winter season and 2023 spring turf season at the August 9 meeting. 4. By July 15, Commission members will have received a presentation from the Planning Manager on current and future developments. Status: Completed. The Planning Manager presented current and future residential and commercial developments. 5. By September 15, Commission members will have received a presentation from staff on the first half operations of the Rambling River Center. Status: Completed. Recreation Supervisor Missie Kohlbeck presented the first eight months of operations of the Rambling River Center at the September 13 meeting. 6. By October 15, Commission members will have received a presentation from staff on the results of the summer programs offered. Page 42 of 47 7. By December 15, Commission members will have received a presentation from staff about the spring turf season and summer ice season. 8. By December 15, the Commission will have received a presentation from staff about maintenance and improvements to parks and trails. Page 43 of 47 PARKS AND RECREATION COMMISSION AGENDA MEMO To: Parks and Recreation Commission From:Kellee Omlid, Parks & Recreation Director Department:Parks & Recreation Subject:Round Table Format Meeting:Parks and Recreation Commission - Nov 08 2023 INTRODUCTION: The round table agenda item allows commission members to share information or ask staff about items not on the agenda. No formal decisions are made during this agenda item. Page 44 of 47 PARKS AND RECREATION COMMISSION AGENDA MEMO To: Parks and Recreation Commission From:Kellee Omlid, Parks & Recreation Director Department:Parks & Recreation Subject:Informational Updates Meeting:Parks and Recreation Commission - Nov 08 2023 INTRODUCTION: This agenda item is an opportunity for staff to provide informational updates to commission members. These items are informational only and no formal decision can be made during this agenda item. Staff will provide an update during the meeting about the following: 1.Favor Farmington Expo 2.Rambling River Center Facility Master Plan 3.Jim Bell Park and Preserve 2024 – 2029 31.5 Acres Farm Lease 4.Farmington Currents Winter Edition 5.RecTrac Management Software 6.Trail and Sidewalk Snow Removal Map ATTACHMENTS: 2023-2024 Trails, Sidewalk, and Outdoor Rinks Snow Removal Map Page 45 of 47 Page 46 of 47 PARKS AND RECREATION COMMISSION AGENDA MEMO To: Parks and Recreation Commission From:Kellee Omlid, Parks & Recreation Director Department:Parks & Recreation Subject:Possible Items for December 13, 2023 Meeting Agenda Meeting:Parks and Recreation Commission - Nov 08 2023 INTRODUCTION: The following are possible topics staff has identified for commission to consider for its December 13, 2023 meeting agenda: •Summer Programs Report •Review Tobacco-Free Parks Overview •2023 Meeting Attendance Report •2024 Work Plan Ideas and Draft Plan •Trails Pavement Condition Index Map •Park Dedication Study •2023 Work Plan Review Commission members should come prepared to identify other possible topics for the December 13, 2023 meeting agenda. 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