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Clark Council approves ban on open containers in public places
Summary
Council adopted Ordinance 26-25 to prohibit open containers and public consumption of alcoholic beverages in public places. A resident questioned whether the private-property exception could reach porch drinking; the municipal attorney clarified the ordinance focuses on public consumption.
The Township of Clark Council on Aug. 3 adopted Ordinance 26-25, which adds a new article to Chapter 76 of the township code to prohibit possession of open containers and consumption of alcoholic beverages in public places.
Resident John Grease asked for specifics about incidents that prompted the ordinance and raised a scenario about porch drinking visible from public spaces. "What if you're on your porch having a drink? I live near the pond," he said during the public hearing, asking whether that activity might fall under the ordinance. Municipal counsel responded that the ordinance must be read in full: the private-property exception applies when possession or consumption is "upon private property with the permission of the owner ... and the conduct is not visible from and does not directly and materially affect the public place," and the focus of the ordinance is public consumption.
After hearing public comment the council closed the hearing; Council member Mazzarella moved adoption and Council member Haff seconded. The ordinance passed on roll call with seven "yes" votes. Council members and legal staff emphasized that the drafting and introduction process follows state law and that amendments and revisions can occur through the established ordinance process.
The municipal attorney noted the draft curfew ordinance discussed previously did not proceed past the introduction step and therefore was not before the council for action this evening.
