Proposed open container laws prohibit drinking on sidewalk

By Shayna Strang, staff writer
Posted on September 24, 2007

Party hopping may become a thing of the past, if Harrisonburg officials have anything to say about it.

A proposal to amend the open container laws in Harrisonburg to include public sidewalks was discussed for the first time at the Sept. 11 City Council meeting. For an ordinance such as this to be passed two readings have to be held.

“It’s already passed once, and it was unanimous,” Councilman Charlie Chenault said.

The ordinance will be reviewed for the second time at the next council meeting this Tuesday. There will be an open forum before the final vote on Tues. in Council Chambers at 7 p.m. to discuss the ordinance.  If passed, law enforcement officials can begin implementing the new law.

Currently, section 16-8-51 of the Code of the City of Harrisonburg states that “it shall be unlawful for any person to possess an open or opened container, can, cup, glass or bottle containing an alcoholic beverage in any city park or playground or on any public street in the city.”

“This means no drinking in public or having open containers on streets that are open to the public,” Harrisonburg Police Chief Donald Harper said.

Once this new ordinance is passed, the Harrisonburg Police Department will be able to make arrests on public sidewalks as well.

“[If] The state has changed the law to encompass sidewalks,” Harper said. “Each jurisdiction has to adopt it.”

During the last session of the General Assembly an amendment was passed to change the existing open container law throughout Virginia. When the legislation was approved, the city began to advertise about the impending change.

In addition to these advertisements, the Harrisonburg Police Department started to get the word out before the fall semester began. A great number of students were informed, according to Harper.

In the past, there have been few occasions when a situation like this has caused trouble for officers in Harrisonburg, Harper said.  

“It’s not a big issue,” he said. “We’ve never really had that problem.”

The City Council and the police department agreed that safety is their main concern.

“We’re trying to keep people at one location,” Harper said.

By limiting the number of places a person can go, the change could create a feeling of security for the community.

“The key is it’s public,” Chenault said. “There are other things going on in public places, people with children at the park, on school grounds, walking down the street. It’s a public safety issue.”

Some students agreed with this.

“You shouldn’t be walking around downtown getting drunk anyways,” senior Megan Davis said. “It’s not like it’s Cancun.”

For other students, however, there is a downside.

Curtis said, “It’s kind of taking away our responsibility.”