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Council amends code to let city officials issue municipal infractions, adopts $50 civil fine for public marijuana use
Summary
Whitefish approved amendments to allow city officials to issue municipal infractions and adopted an ordinance making public marijuana use a $50 civil infraction, both passed unanimously.
The Whitefish City Council on Jan. 6 approved two linked ordinances: an amendment to the municipal infraction authority and a new municipal ordinance to make public use of marijuana a civil infraction carrying a $50 fine.
City staff member Angie described the first ordinance as "housekeeping," explaining that municipal infractions in city code are civil offenses but that the court had expressed concern that police officers were not explicitly authorized by state law to issue municipal infractions. The ordinance extends authority to issue municipal infractions to police officers, city code enforcement, the city manager for designated items, and the fire marshal. Angie said there are no financial impacts to the change and staff would guide authorized officials through court procedures.
The council then considered Ordinance 25-02, a code addition (5-2-10) to address public use of marijuana. Angie said state law allows adults 21 and older to possess recreational marijuana but treats use in public as a civil fine; the city ordinance implements that civil fine locally. She said the fine is capped by state law at $50 and the ordinance provides a local enforcement mechanism so officers can issue citations. Police representatives confirmed enforcement would be infrequent and largely intended to curb public use in parks, streets, sidewalks and the parking garage, especially after bar-closing hours.
Councilors asked about the definition of "public place." Angie said she had copied state law language and that the council could clarify local definitions, for example by explicitly listing public rights-of-way such as alleys, streets and parking garages. Councilor Rebecca asked whether minors would be treated differently; staff replied that minors would be charged under the separate minor-in-possession provisions.
Both ordinances were moved and seconded during the meeting and passed unanimously. The municipal-infraction amendment was described by staff as necessary to ensure proper enforcement authority; the marijuana ordinance was described as providing a civil enforcement tool in the city where the state has designated public use as a civil violation.
