Dial explains open container laws

I am responding to the letter published in last week's Whitefish Pilot concerning the open-container ordinance in Whitefish. The right to express one's opinion is what makes this a great country. The author, in choosing to not identify him/herself made an unfortunate decision.

We in the police department are always willing to communicate with those we serve, and in many instances have adjusted our procedures to better serve our community. We would have welcomed the chance to listen to the author's concerns.

Why is the open-container ordinance being discussed in restaurants, bars, city council meetings, churches and on the street? There is a great deal of misinformation floating around town on this subject. I am confident my explanation will help all who read this have an appreciation for what your police department is doing to keep Whitefish a fun and safe community.

As Whitefish grows, so do the challenges the city faces. One challenge is the downtown bar scene. Whitefish City Ordinance 7-3-5 A, enacted by the city council, which the public elects, states it is a misdemeanor to "use or consume any alcoholic beverage, while such person is in an automobile or other vehicle while operated on a public street, or while such person is on a public street."

Restated, it is illegal to walk on a public way with an open container of an alcoholic beverage. Why then is it important for the police department to enforce what some people view as an unimportant law? What has the police department done to address this issue? What is our current policy on open containers? Why the increase in the fine?

Imagine being a downtown Whitefish business owner, not a bar, who comes to work on Saturday morning and finds beer bottles smashed in the entrance to the business; or, as has happened numerous times, a bottle thrown through display windows. The police department regularly fields complaints about litter and damage affecting fellow business owners of the Whitefish bars.

One night I was patrolling downtown Whitefish and observed a man standing on First and Central with a Pabst Blue Ribbon in his hand. He stood there swaying back and forth as he urinated in a vacant lot. This was done as a horrified family of four, mom, dad and two young girls, drove by the location. The family's vehicle displayed Arizona plates — tourists?

What type of message does this send to those who visit our city? Had the man been walking home after having a few too many and had not had an open container, I would have most likely offered him a ride home to ensure he got home safely, and not written him a citation as the anonymous author suggested.

Furthermore, the courts, not the police, report driving, not walking, violations, to the state, who in turn may report the violations to insurance companies.

The man in this case is a local resident, who told me as I took him to jail, "I guess booze doesn't make you very smart."

Fights and containers being thrown at pedestrians, police and police cars are other reasons we enforce the open-container law. In 2004, the police received a complaint from a visitor to our city who narrowly avoided serious injury when a beverage glass was thrown at him as he walked on Central Avenue. The glass hit his leg causing a bruise. Imagine being hit in the face.

My staff and I have met numerous times with bar owners and have asked them to police their customers by placing signs, provided free of charge by Flathead Beverage, at the exits to their business. The free signs state it is illegal to leave with an open container. The signs also inform customers it is a $250 fine.

We have also suggested hiring security personnel to help us police their customers. Some businesses are doing a great job; some are not. We have also asked the media to inform the public it is illegal to have an open container in Whitefish. They have done so.

Until recently, our enforcement on open containers ranged from a verbal warning, asking the person to go back in the bar, citation or an arrest and a night in jail. The fine was $65. The complaints, litter, fights, criminal damage and various other crimes were increasing, and safety concerns from citizens and visitors were escalating.

Some people were afraid to be in the downtown area. Is that how we want our citizens and visitors to feel?

I conferred with other chiefs of police from ski towns and communities similar to ours. A resounding "zero tolerance" to open containers was the norm.

I also discussed my concerns with the city manager, city prosecutor and city judge. All supported zero tolerance and suggested impacting those who make poor decisions by increasing the fine to $250.

What is the solution? Enjoy our downtown and drink responsibly. If you choose to drink, do it in the bar or restaurant. Inform your friends, relatives and visitors that we want to keep our community a safe place to live and visit.

If you have suggestions on how your police department can better serve you, please communicate with me. We need your help to enjoy what we have in Whitefish.

Bill Dial is the Whitefish Chief of Police.