Selectmen OK open container law

Wednesday, March 10, 2010

MILFORD – Saying they trust police to follow the spirit of a new open container law, selectmen have approved a town ordinance that forbids carrying an open container of alcohol in parks, parking lots, sidewalks, public buildings and motor vehicles.

Although there is already a town ordinance that forbids drinking in town parks, and also a state law that forbids drinking with an unsealed alcoholic beverage in the passenger area, the police chief and the police department’s prosecutor had asked for the new law, saying it would give police more flexibility in how they charge people.

At the selectmen’s March 8 meeting, board member Gary Daniels was concerned that someone who is, for example, bringing an open bottle of wine from their car trunk car into an apartment on the Oval, and during that brief period of transit it would be impossible for the person not to break the law.

“The law needs a way for them to fulfill this innocent purpose without breaking the law,” Daniels said.

But the other four selectmen disagreed.

“With many laws we have got to rely on police for reasonable enforcement,” said Selectman Nate Carmen.

The vote was 4-1, with Daniels dissenting.

The ordinance will not apply to sidewalks where restaurants and taverns have permission to serve alcohol or to events like the Pumpkin Festival, when the town gives permission to serve alcohol.

– Kathy Cleveland