SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee Meeting was held on June 30, 2004, at 7:00 p.m. in the Public Assembly Room at the Police Station, with Chairman Ritter presiding. Members present were Councilmen Carey and Pitts (departed at 8:15 p.m.), and Mr. Simmons (departed at 7:55 p.m.). Mr. Lakeman was absent. Councilman Ruane was also present.
The Invocation was given by Chairman Ritter, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Simmons and unanimously carried.
Proposed Ordinance Amendments to Section 14-8 - Excessive Noise Prohibited
During their Regular Meeting of June 16, 2004, members were provided with the proposed S.B. 165, which would create a motor vehicle crime for playing one's stereo too loudly. Violators would be subject to a fine of at least $100 and not to exceed $500; with each subsequent offense, such person would be subject to a fine of at least $250 and not to exceed $1,000. Members were also provided with Section 14-8 of the Dover Code which prohibits excessive noise and provides for a fine of not less than $50 nor more than $100.
The committee recommended that staff develop a proposed ordinance amendment to Section 14-8 of the Dover Code to include the suggestions of the committee and that, if the City Solicitor determines that certain stereos can be prohibited in motor vehicles, staff draft a letter to the General Assembly requesting that they consider this possibility, and that the proposed amendments and letter be brought back to the committee for their review and recommendation.
Members reviewed the proposed amendment and suggested that Sec. 14-8 (b)(13) be amended by including "unless authorized by permit" at the end of the sentence.
Referring to the audible distance of 50', Mr. Eric O'Brien, 30 N. New Street, stated that, at that distance, he would have to go to the back of his house in order for the street noise to be considered a violation, although he would hear the noise in his living room, which is in the front of his house. He suggested that the ordinance be reworded so that it would be a violation if the noise could be heard within the walls of a resident’s house.
With reference to the increase in the amount of the fine, it was Mr. O'Brien's feeling that it would give the violator more reason to seek retribution against whomever reported the violation.
Mr. Carey moved to recommend approval of the proposed ordinance amendment, to include the addition of "unless authorized by permit" at the end of Sec. 14-8 (b)(13) (Attachment #1). The motion was seconded by Mr. Simmons and unanimously carried.
Update - Police Department Complaints/Code Enforcement Issues - Governors Avenue (Fran Savin)
Mrs. Fran Savin, 226 N. Governors Avenue, stated that she has been dealing with noise and parking issues related to Wesley College students for the past two (2) or three (3) years. She expressed her continued concern that the police are not taking action when complaints are made. Mrs. Savin stated that when students are cited, the citation is not associated with the leaseholder at that address; therefore, there is no way of tracking how many complaints are made against a certain address. She reminded members of the agreement between the City and Wesley College which stipulates that when students received three (3) violations within a certain amount of time, they are to be kicked out of school.
Chief Horvath noted that they received 11 noise complaints in 2004 for the North Governors Avenue area and nine (9) arrests were made for loud music at residences. He also noted that 27 Wesley College students were arrested for underage consumption. Chief Horvath noted that Wesley College was notified of each arrest and he was under the impression that the students would be kicked out of school after three (3) violations within one (1) year.
Mr. Ruane recalled that the ordinance that was developed indicated that landlords were to be notified when offenses occurred and those offenses were to be tracked by address. He also noted that the landlords were to include a stipulation in their leases that eviction would occur after two (2) violations within a three (3) month period. Mr. Ruane stated that he has not yet seen a connection between the Planning and Inspections Office, the Police Department, and the landlords. He suggested that the list of arrests be compared with the student housing list to see if there is a connection between the two.
Mr. Ruane requested that Mr. Galvin have the housing inspector provide an update on student housing data for the last year at the next meeting. Chief Horvath, noting that there was a military rental with numerous noise violations, cautioned against focusing only on student housing.
Update - Police Department Complaints/Code Enforcement Issues - North New Street (Eric O'Brien)
Mr. O'Brien provided a detailed list of 22 violations he witnessed within the past two (2) weeks. He stated that two (2) residents in the area have recently moved due to the noise. Mr. O'Brien stated that he did not feel he should have to sign a warrant in order for tickets to be issued for noise violations.
Mr. Ritter noted that the loud car music was a safety issue, as well as a quality of life issue, since the loud music prevents the drivers from hearing emergency vehicle sirens. Chief Horvath advised members that a six (6) man task force had been created to deal with quality of life issues. He noted that 71 loud noise tickets were issued between June 18th and June 29th using a plain clothes officer stationed in the middle of Loockerman Street and two (2) officers stationed at each end of the street. Chief Horvath stated that the task force would be working in Mr. O'Brien's neighborhood, as well as in City parks.
Chief Horvath stated that, as a whole, crime in the City of Dover is lower than it has ever been and they are making a difference, slowly, but surely.
Information - "John School" (Weed & Seed Program)
Ms. Sherwanda Rachal, Weed and Seed Program Coordinator, advised members that a community needs assessment and resident input identified prostitution as a major area of concern within the Weed and Seed area. In response, a "John School" was developed to provide assessment, education, and treatment for offenders. Ms. Rachal explained that attendance at the "John School" could be a condition of probation for a "John" who is convicted of patronizing a prostitute. She also noted that the offender would be required to pay for the school. Members were provided a pamphlet on the "John School" (as on file in the Office of the City Clerk).
Ms. Rachal stated that they have begun working on a "Jane School" for the prostitutes.
Presentation by Police Chief - Alternative Plans to Deter Crimes in City Parks
Chief Horvath provided the following statistics on complaints in City parks:
√40 reported incidents in White Oak Park during the past 14 months or 1 (one) reported incident every 9.9 days
√72 reported incidents at Silver Lake (east and west sides) during a 396 day period or 1 (one) reported incident every 5.5 days
Chief Horvath noted that the issuance of permits for parties within the parks is now being coordinated between the Police and Parks and Recreation Department. They have also stopped issuing permits for graduation parties; therefore, those complaints have been eliminated.
It was Chief Horvath's feeling that the parks do not need dedicated police officers. He noted that the gates are closed every evening and re-opened in the mornings and patrols are increased during the summer.
There being no further business and due to the lack of a quorum, Chairman Ritter declared the meeting adjourned.
Meeting Adjourned at 8:48 P.M.
                                                                                    Respectfully submitted,
                                                                                    Robert G. Ritter, Jr.
                                                                                    Chairman
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Attachment
Attachment #1 - Proposed Ordinance Amendment - Sec. 14-8, Excessive Noise Prohibited