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Council amends public-consumption ordinance to ban open containers on public sidewalks except for permitted events
Summary
The council approved an amendment to ordinance 3609 (recorded as ordinance 44059 amending 3609 in the transcript) to close a loophole that previously allowed open containers on sidewalks except when within 100 feet of a school, park or church; the change makes open containers illegal on public sidewalks unless a special permit for the square is in effect.
City Attorney Wendy told the council that under the prior language of ordinance 3609 open containers were only prohibited within 100 feet of specified institutions — a limitation she described as creating a loophole that left many sidewalks and rights-of-way legally permissive of open containers. She said a recent municipal citation could not be sustained because of the narrow wording.
To address that, Wendy proposed an amendment that would prohibit open containers on public sidewalks and other public property, unless the square had a special permit issued for an event that authorized temporary exceptions. "The way it was before, they could be on a sidewalk with an open liquor container, and unless they were within 100 feet of those institutions, it was legal," Wendy said. The amendment would make those public spaces off-limits unless a permit covered an event at the square.
Mayor Absher moved to adopt the amendment (noted in the transcript as ordinance 44059 amending ordinance 3609) and the council approved it by roll call. The ordinance change was presented as corrective and intended to close enforcement gaps; no specific penalties or enforcement protocols beyond existing citation procedures were added in the council discussion.
Provenance: Topic begins at SEG 643 and the vote is recorded at SEG 704–720.
