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The Albert Lea City Council on Monday voted 5-2 to approve an ordinance that makes it illegal to drink or possess open bottles containing alcoholic, cannabis or THC beverages on a street or other public property without prior approval from the city.

The law also applies to private parking lots to which the public has access.

City Manager Ian Rigg said the city previously had a similar ordinance for alcoholic beverages, but at some point the ordinance was removed. The changes in cannabis laws in the last year prompted city staff to bring the ordinance back up, and at that time city management discovered the original ordinance was no longer in place.

Public Safety Director J.D. Carlson said officers have been enforcing the ordinance for years when it comes to alcohol, and when the city code was recodified, it was discovered there wasn’t a resolution for it.

“We’ve used it for years on a regular basis, and we just want that back,” Carlson said during the council’s workshop ahead of the regular meeting.

Third Ward Councilor Jason Howland asked if the law would apply for someone on a boat, someone fishing off the shore or someone standing on a dock.

Carlson said it would not impact a person on a boat, as the lakes are overseen by Freeborn County, but noted it could apply to the shoreline.

City Attorney Joel Holstad said the ordinance has previously been a useful tool for the police department to use as probable cause in more serious incidents, such as an assault in a public place where alcohol is a factor, and would probably not impact someone simply sitting and fishing on the shoreline.

He said in his time in Albert Lea thus far, he has not seen a case based solely on the ordinance police believed had been in place.

Second Ward Councilor Larry Baker asked whether there was a way for a family having a get-together at a park to come to the city and get permission to have alcoholic beverages. He said he would like to see some kind of an approval process brought back to the council for review.

During the public forum, resident Bob Donovan said he was concerned the ordinance would make otherwise law-abiding citizens into law-breakers. He gave an example of last summer when he was part of a group of six or seven people on a boat who docked at Edgewater Park, went up to the park picnic tables to eat and had a few beers.

He also questioned fishermen being able to drink on a dock, people coming from out of town for events in the parks and even people having a few beers in-between softball games.

Carlson said he respected Donovan’s opinion but oftentimes officers aren’t dealing with the responsible consumer the majority of times they get involved.

He noted he couldn’t say that officers would never cite someone who has a beer in the park, but said the department’s discretion has been appreciated to date and officers will continue to use discretion. And there are also checks and balances in place to with the city attorney in the cases citations are made.

Howland said he was not comfortable with the ordinance and said the city had been moving forward now for a while without it.

“I understand that it’s a select few this is really targeted, but it’s a wide swatch when you’re talking about all public property,” he said.

Howland and Fourth Ward Councilor Shari Rasmussen ultimately voted against the ordinance.

A second ordinance was also on the table regarding parks. The changes included prohibiting alcohol, cannabis and tobacco in designated parks spaces and adding ATVs, UTVs and dirt bikes to the definition of motor vehicles prohibited in parks, except for on designated roads and parking areas.

The council ultimately voted 7-0 against implementing this ordinance with concerns about people being able to have beers at family reunions or events held in parks.

Councilors Rachel Christensen and Sherri Rasmussen asked if the city could develop a way for groups to get a low-cost permit.

Rigg said violations would largely be complaint driven and noted that to reserve a space at the park in the first place people have to fill out a form.