New Drinking Ordinance to Be Served Up Monday

The City Council plans to adopt a new public drinking ordinance Monday to replace one that a municipal judge branded unconstitutional after some homeowners were arrested July 4 sipping beer on their front porches.

Judge Caryl Lee dismissed charges against four people in November, saying the city ordinance’s prohibition against drinking “in any public place” was too vague.

In all, 238 people were charged under the ordinance last July 4, police said.

“This is a very fundamental Bill of Rights issue,” City Atty. Gail Hutton said. She’ll present the council with its choice of four proposed ordinances Monday night.

One proposal, introduced by Police Chief Ronald E. Lowenberg, would still allow officers to arrest anyone drinking in public view, even if it’s on someone’s private property. The proposal would include specific language addressing the judge’s concerns.

Hutton said Friday she favors an ordinance that would allow homeowners and their invited guests to drink on the hosts’ property.

Police Lt. Jon Arnold said officers don’t want to corral residents peacefully enjoying July 4, but they do want to curb large, drunken parties that are a nuisance to everyone else.

In years past, police have had to contend with rowdy youths pelting officers with rocks and bottles, and setting couches on fire in city streets. In response, the police started a zero-tolerance policy on drinking in public.

“We’re confident most of the problem-type people have gotten the message,” Arnold said. “Most of our residents just want to enjoy the holiday.”

Councilman Dave Sullivan said he’s uncomfortable with officers plucking people off their own property.

“My problem is,” he said, “a person’s home is his castle, and you can do whatever you want in your yard as long as you’re not hurting others.”

The City Council meeting is scheduled for 7 p.m. Monday at City Hall, 2000 Main St.