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Council advances first reading of outdoor‑drinking (POTA) ordinance after detailed debate on boundaries, signage and manager authority

Charles Town City Council · February 3, 2025
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Summary

After detailed debate over mapped boundaries, signage, restroom requirements and the city manager's authority to suspend private outdoor designated areas, council advanced the private-outdoor designated area (POTA) ordinance as amended to a second reading.

Council held a lengthy first-reading discussion of an ordinance (part 5, article 5.22) to establish private outdoor designated areas (POTA) where, under permit conditions, open‑container exceptions could apply within defined downtown boundaries. The discussion covered map accuracy, whether the ordinance should list street boundaries or incorporate a map by reference, signage and ADA concerns, restroom requirements for participating businesses, enforcement options and the city manager’s authority to suspend POTA temporarily.

The city attorney (S13) indicated the ordinance language and map are intended to define the city center district and that signage and boundaries could be incorporated by reference. Several members raised concerns that merely referencing a map could complicate enforcement and asked that boundaries be listed in the ordinance text as well so officers could apply it reliably.

Council members debated whether the manager should have unilateral authority to suspend POTA during an emergency and whether an appeal process should be included; members agreed that the manager should be able to act quickly in emergencies but sought language to allow businesses and permit-holders a post‑action appeal to the council. Police Chief Kutcher (S12) noted enforcement options available for disorderly conduct or public‑urination while clarifying that open containers in the designated area would be exempt from standard open‑container citations so long as they remain inside the boundary in compliant cups.

Council accepted several edits (including clarifying signage rules, allowing participating businesses to opt out and adding clearer language on restrooms and appeals) and voted to advance the ordinance, as amended, to the next meeting for second reading.

Next steps: staff will reconcile map text and attached map, refine signage and appeal language, and return the ordinance for second reading with the agreed edits.