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Newton council approves first reading of public-intoxication ordinance after police warn enforcement gap
Summary
Council approved first consideration of a public intoxication ordinance designed to close an enforcement gap created by recent case law; Police Chief Rob Burdesk said the change would restore a local enforcement tool for individuals who are intoxicated on drugs or controlled substances.
The Newton City Council approved first consideration of an ordinance creating a local public-intoxication offense that includes intoxication by alcohol, drugs, a controlled substance, or any combination.
Police Chief Rob Burdesk told the council recent judicial decisions have removed an enforcement mechanism for officers encountering people publicly intoxicated on controlled substances. "This issue is a little bit of a head scratcher...you can be high out in public and that's perfectly legal right now, as a result of judicial review and case law," Burdesk said. He noted the city already has a specific "huffing" ordinance but lacks a broader tool to address public intoxication that endangers safety.
Council members agreed the ordinance would close a gap and give local law enforcement clearer options while acknowledging courts and state law remain the ultimate authority. The council approved the first reading and may consider further readings as the ordinance moves through the legislative steps required by city code.
