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Police to enforce open container, sidewalk laws

By: By ERIN CAMP

Posted: 10/8/04

In order to avoid what one Athens-Clarke County official called "a huge safety issue" gameday tailgaters must move their grilling and drinking off the sidewalks and out of the streets.

An ordinance, implemented in July, makes it illegal for anyone to block the flow of traffic on sidewalks.

"It's a very common ordinance in many counties," said Bill Berryman, ACC attorney. "We can't have people setting up camp on the sidewalks."

And after last weekend's LSU game, more tailgaters are taking notice of the ordinance.

ACC Police had trouble during last week's football game with fans placing belongings on the sidewalks, according to an ACC Police news release.

"Sidewalks cannot be blocked at any time by parked vehicles, groups of people, grills, tents, coolers, chairs, etc," according to the release.

ACC Assistant Police Chief Mark Wallace could not be reached for comment on the ordinance Thursday afternoon.

Along with the ordinance prohibiting the congestion of sidewalks, open container laws also should be observed on gamedays because ACC Police do write citations for infringements of this law, Berryman said.

The open container law states "it is unlawful for any persons to have in their possession any alcoholic beverages while on public streets, sidewalks or rights of way in Athens-Clarke County," Berryman said. "This also includes vehicles."

However, one tailgater said he was not aware the new sidewalk ordinance existed or that the open container laws were enforced on game days.

Phillip Maxwell, a 1975 University alum, said he has tailgated at the University for 10 to 15 years and never had a problem with the police -- until last week's football game.

Maxwell said he arrived at his regular tailgating spot on Hull Street when his nephew told him police officers asked the crowd of about 100 tailgaters to move their belongings off the sidewalk.

"About an hour later, more cops came and started writing everyone tickets for open containers," he said.

Maxwell said he and others around him did not realize an ordinance existed that prohibits congestion on sidewalks or that the open container laws were enforced on gamedays.

"I know ignorance is no excuse, but when that many people are unaware of the laws, why did they not just warn us?" Maxwell said.

"It could have been handled better, it was just really frustrating," he said.


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