Council divided on ordinance

The current Green River City Council members are rarely divided on many issues.

The second reading of the proposed new city ordinance concerning disorderly conduct however, raised disagreements at Tuesday’s city council meeting. The council was well divided on how to proceed from the reading after Councilman Ted Barney voiced concerns pertaining to a portion of the ordinance.

The portion of the ordinance raising concern states “Who loiters, prowls or wanders upon any public place, or upon the private property of another without lawful business with the owner or occupant thereof or the consent of the owner or occupant…”

“How do we determine what is lawful or unlawful business,” Barney posed.

Green River’s city prosecutor Bobbie Pineda said it is up to the discretion of the police officer whether the person’s business in a space if lawful or unlawful.

Barney again spoke concern over this, comparing the portion of the ordinance to the Jacksonville, Fla., ordinance that was made to prohibit gang members from meeting publicly, which was found to be unconstitutional.

The similarity comes in the way the ordinance makes it easier to round up undesirables.

“If I were walking on the Green Belt and was approached by an officer asking what I was doing, my answer might be, it’s none of your business what I’m doing,” Barney said.

In response, Pineda stated that every ordinance has some discretionary decisions made by officers.

“Ultimately, ordinances fall on the discretion of officers,” Pineda said.

“Our police department has to act a lot of the time on discretion,” Councilman Allan Wilson said. “We should leave it as is.”

“It is important to remember the intent of this ordinance,” Councilman Gary Killpack said. “To my knowledge, officers don’t make contact without someone calling in a complaint first.”

Green River Police Department and prosecution has felt there is a gap in enforcement options within the city’s ordinances, especially concerning disturbances that are not covered under other city ordinances, including times when officers are dealing with transients. The ordinance gives officers the ability to remove transients from said properties.

Councilman Brett Stokes agreed, saying there has to be some judgment on officers. Councilman Mark Peterson agreed with Barney.

“This will take rights away from us,” Peterson said. “I will not vote for this.”

Opinions were shared among the council members and a vote was finally made to motion an approval of the ordinance on second reading, or to revise the ordinance.

The motion carried to approve the ordinance on second reading. The vote was divided four to three.

Opposed to the motion were Barney, Peterson and Lisa Maes. In favor, were Stokes, Killpack, Wilson and Mayor Pete Rust.

The ordinance will still go through one more reading; the first meeting of March.