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FAIRBANKS CITY COUNCIL DEFINES POT-APPROVED PUBLIC AREAS

FAIRBANKS - The Fairbanks City Council unanimously approved an ordinance on Monday defining the term "public" in regards to marijuana consumption inside city limits.  The 6-0 vote occurred on the night before legalization.

The ordinance adds a new section to Fairbanks General Code Chapter 46, which originally banned alcohol consumption in certain public places.

Language added to the code says it is unlawful for any person to knowingly consume marijuana "( 1 ) On, in, or upon any public place, except as permitted by ordinance, regulation, statute or permit; or ( 2 ) Outdoors on property adjacent to a public place, and without consent of the owner or person in control thereof."

Violation is a minor offense punishable by a $100 fine.  A financial benefit of the ordinance is that any fines are funneled to city coffers, rather than state.

Councilmen David Pruhs, Jerry Cleworth, Bernard Gatewood and Jim Matherly all expressed personal opposition to legalized cannabis, but wanted to do their best to honor the will of the voters.

Pruhs, who sponsored the ordinance, said, "This will be the easy one, in the future we will have the business aspect."

Pruhs clarified "outdoors on property adjacent to a public place, and without consent of the owner or person in control thereof," saying it's all right to smoke in a back yard, provided the property owner gives consent.  The wording is to prevent someone from simply stepping onto private property if caught smoking in public.

Pruhs said the likely next step is to codify for disturbing the peace.

Public testimony was short and generally favored the ordinance and legalization.

Frank Berardi, Coalition for Responsible Cannabis Legislation board chairman, said the coalition supports the ordinance.  "It's one of the least restrictive around the state," Berardi said.

One public commenter encouraged the city, the Fairbanks North Star Borough and the city of North Pole to form a congruent set of definitions.

Looking forward, council members acknowledged defining "public" is just the tip of the iceberg.  "Zoning is gonna be a very controversial subject," Cleworth said, adding the heaviest zoning weight will fall on the borough.

Exclusive Paving awarded contract

The council approved without discussion a resolution awarding Exclusive Paving Inc.  a $396,999 contract for West Barnette Street resurfacing and drainage improvements.