Cleveland curfews: A need for Lakewood to be proactive?

[Jeff Endress]

I think we're all aware of changes that the City of Cleveland will be making for curfews of those below the age of 14. I believe the ordinance will place a curfew of 9:30 on these youth.
Is it a concern (or should it be) that those who might be subject to these restrictions will migrate a little to the west where they can "hang" to a later hour without running afoul of these restrictions? Does our more liberal curfew provide an oasis to the elements of chaos?

Jeff

[Kenneth Warren]

Jeff:

There is no doubt the Wood will provide safe haven to the good and not so good looking to make out and hang a little later. Our anthropological inquiries at Kaufman Park two summers ago revealed teens coming from Cleveland and East Cleveland to hang on a Sunday or Saturday. T

The S.W.A.T. Team Dan Slife featured in his article complained that these kids were trouble makers. An additional point we learned was that the mean streets East sometimes drove teems West to hang in a place less dangerous, looking for love in right place.

Bottom line, though, thug culture is on the move - with wanna-be memes capturing brain space in powerless punks on the cusp of thugdom.

Kenneth Warren

[Rick Uldricks]

Let's make Lakewood's curfew 9pm and send the thugs back to Cleveland half-an-hour earlier.

[ryan costa]

so what if someone violates a curfew?

They get arrested or cited, then have a court date a few months later.

What we need for troublemakers are immediate legitimate public canings. Like within a week or two of causing trouble. No serious harm will be done.

But everybody needs Counseling these days. Counselors should be available. To explain to them why they deserved a public caning.

Also...thorazine.

[Tom Bullock]

Jeff,

The issue (and issues) you're getting at are very important. I'm door-knocking across Ward 2 and am hearing many concerns from many residents about problem neighbors, run-down homes, un-neighborly conduct.

Elsewhere I've posted that our city motto, "City of Homes", should perhaps be changed to "City of Good Neighbors."

We need to build pride in our neighborhoods, and I'll be proposing a Good Neighbor Program in months ahead as one way to promote a high quality of life and empower neighbors to support and respect each other. I'd like to convene a community discussion to include as many creative solutions as possible.

This would be a citizen-led effort that in effect says, "Whoever you are, wherever you came from, you're welcome here in Lakewood. But now that you're in Lakewood, we behave in a neighborly way. We take pride in our homes, and we treat our neighbors with courtesy and respect." Other cities of done this, and we can build on their success.

A news story in today's Plain Dealer discusses measures taken by other suburbs to address various challenges:

http://www.cleveland.com/news/plaindeal ... xml&coll=2

The 'burbs clamp down: Laws directed at untoward activity
Tuesday, May 01, 2007
Molly Kavanaugh and Thomas Ott
Plain Dealer Reporters

Poverty and rowdiness are on the march, shaking some Cleveland suburbs to the core.

What's a community to do?

Some are doing a lot, testing a variety of tactics in defense of their tree-lined streets: Inspections, fines, special police patrols and new laws. Much of the activity is aimed at renters, who have filled a void as some homeowners move farther from the city or out of the region.

Solutions at work in one city have been copied in others. Here is a sampling:

Bedford: A "quality of life" police detail enforces laws dealing with loud music, walking in the middle of the street, and trash containers that are left at the curb 12 hours after pickup. A law holds parents criminally responsible for crimes committed by their children.

Berea: No more than three unrelated people can live in rental property, though exemptions can be granted. The 2-year-old law targets Baldwin-Wallace College students.

Cleveland Heights: The suburb notifies the Cuyahoga Metropolitan Housing Authority of crimes committed by residents who receive federal rent subsidies. The agency can expel serious violators from the rent program.

Euclid: Residents can be fined for hanging blankets, newspapers, duct tape and the like as a substitute for conventional window accessories.

Garfield Heights: Police have stepped-up enforcement of jaywalking and other minor misdemeanors.

Lorain: A driver can be fined for playing a car radio or audio system so that it is plainly audible 50 feet from the car.

Maple Heights: Under a year-old parental responsibility law, parents face possible criminal prosecution if their children are charged with a crime. First offenders pay court fees and take parenting classes.

Painesville: A daytime curfew forbids children between the ages of 6 and 17 to be anywhere in the city except school unless they are accompanied by a parent or guardian or have written permission from school officials. Parents can be held responsible for violations.

Parma: Windows cannot be covered with sheets, towels, flags or other material not designed as a permanent window covering.

Shaker Heights: Homeowners can be fined for loud music, drug abuse, assaults and other criminal activity that occur within 300 feet of their property line. City also repairs the outsides of decaying homes and bills the owners.

South Euclid: Landlords must register rental homes so the city can conduct regular inspections. If a landlord fails to register a home, the city posts a notice on the outside and can evict the tenants in 30 days.

Lakewood's not on this list, but I'm proposing that we join it. We ought to use such examples as a "learning laboratory" for Lakewood. Let's be pragmatic, experimental, and proactive.

People tell me they wonder whether moving to Lakewood was the right thing to do; that they feel anxiety about changes in the city and wonder whether they should move out. Long-time residents talk about the change from when they first arrived to today.

If we engage these concerns in an appropriate way, frustration can become motivation. I think a good measure of our jobs as community leaders would be to assess whether, in four years time, we will have moved the wavering needle of anxiety away from the red zone of worry into the green zone of confidence. We want people to want to move to Lakewood, to be happy with their choice to move here, to feel rock-solid confidence in their future here.

My response to the problems Lakewood faces is: stand and fight. Let's capture the huge energy, smarts, and caring of our residents and erode these problems with our collective creativity. It can be done, and it will be done. I'll be proposing new ideas, and these ideas in more detail, in future postings.

[Jeff Endress]

Tom

My major concern in this area is that there a lot of ideas. But, in a few short week's time, those ideas will do little to help residents feel safe at Kaufman Park. There needs to be a concrete plan, IN PLACE NOW, that will make Lakewood an uncomfortable place for the chaos makers to hang. This summer could well be a watershed for the city. We MUST recognize that there are outside forces coming to bear that are dragging this city down, impacting our security, our homes and our families.

While perhaps, these aren't "gangs", they are nevertheless place us on the path to dealing with a gang problem. Other threads have talked about one of the indicia of the problem: graffiti. Other have talked about the youths that walk down the middle of the street. These, and other behaviors place us on the slippery slope of decline. If we fail to have a concrete action plan, the chaos makers stake out their turf and enjoy a level of comfort (and safety) which their home turf does not offer. We in turn, our deprived of the level of safety and comfort to which we have always been accustomed.

Jeff

[Rick Uldricks]

People tell me they wonder whether moving to Lakewood was the right thing to do; that they feel anxiety about changes in the city and wonder whether they should move out. Long-time residents talk about the change from when they first arrived to today.

Thanks for the article, Tom.

These are policies I think Lakewood should adopt:

Shaker Heights: Homeowners can be fined for loud music, drug abuse, assaults and other criminal activity that occur within 300 feet of their property line. City also repairs the outsides of decaying homes and bills the owners.

South Euclid: Landlords must register rental homes so the city can conduct regular inspections. If a landlord fails to register a home, the city posts a notice on the outside and can evict the tenants in 30 days.

[Bill Call]

This would be a citizen-led effort that in effect says, "Whoever you are, wherever you came from, you're welcome here in Lakewood. But now that you're in Lakewood, we behave in a neighborly way. We take pride in our homes, and we treat our neighbors with courtesy and respect." Other cities of done this, and we can build on their success.

Why should it be a citizen led effort?

The citizens are supposed to remove graffiti and now the citizens are supposed to lead the effort against public nuisances? The citizens of Lakewood pay some of the highest taxes in the country but we have to take the law into our own hands because the City won't?

Tom, I don't mean this as criticism of your laudable efforts to speak up on this issue. All of the ideas you mention have merit. I hope you keep speaking about the issues and talking to the citizens and walking the streets and thinking about fresh ideas to deal with the City's problems.

Keep this in mind though: If the City will not enforce current law what makes you think they would enforce a new law? A first step should be enforcement of current laws regarding public nuisances.

[Ivor Karabatkovic]

when being caught for curfew, teens usually get a ride home in the back of a cop car especially if it's late.

nice leather seats, usually the AC is on on a summer night. nice ride.

i wouldn't mind it, but the kids on my street usually use the street light rule:

when the street light comes on, you gotta go home.
which is around 9-930 anyway during the summer.

here's the thing in cleveland. if you get caught past curfew you can either take the fine, or be labeled a delinquent, or have your parents go through parenting classes and get fined for "bad parenting", and the child won't develop a record.

we learned about it in government/economics last week. quite interesting. maple heights is thinking about developing a "bad parenting" fine as well.

[Joe Ott]

If the City will not enforce current law what makes you think they would enforce a new law?

Ditto Bill.

Case in point - a few weeks ago Demro posted here and told me/us that he passed/wrote some laws about noise and one about garbage. Has anybody paid attention to the garbage on Clifton. Practically any day of the week you can drive down Clifton and see garbage that has been there for days piled up in front of a house or apt. building. What's the point of more laws? Enforce existing laws and things would probably get a lot better. However that said, I'm glad there are people like Tom B trying to find solutions.

Does our more liberal curfew provide an oasis to the elements of chaos?

Sure. What's to stop them? Jeff are the "chaos makers" the people Feagler talked about in his column Sunday? Are you talking about them? That is where Lakewood is headed. I don't think we can deny it. As far as the slippery slope goes, I think a lot more police are needed on the streets. We need the police force we had like (I think it was) Mark C was talking about in the FBI shooting thread. I think it was that one... Let's get more police on the streets! But not the police with the radars, I don't care for them too much...

If we are building new schools, libraries, condo's and so on we should protect those EXPENSIVE investments. If we want to promote the brand(?) Lakewood and sell it, we best clean up the streets.

I really like ryan costa's idea of public canings. I think that is a great idea. We'll have to have hearing though before we do the actual caning. Can I be the judge?

Joe

[Ryan Patrick Demro]

The law pasted below is from the Lakewood Codified Ordinances. I authored it in 2004 with a year's worth of hearings and some minor revisions by Councilpersons Dunn and Madigan and input from Chief Malley. It is broad-based and similar to laws in Milwaukee, Des Moines, Cleveland Heights, S. Euclid, and Shaker Heights. It is working for them, why doesn't it work for us...?

Anyway, check it out. I think it catches just about everything.

509.14 CRIMINAL ACTIVITY NUISANCES.

(a) The following activities occurring on residential or commercial property, and engaged in by an owner, occupant or invitee of the owner, occupant or person in charge of commercial or residential property (including individual apartment and condominium units), are hereby declared to be public nuisances:

(1) Any animal violations under Sections 505.02 (dogs running at large), 505.13, 505.15 and 505.20 (animal noise, excrement and biting), 505.18 or Chapter 506 (dangerous or vicious animals), 505.07 (killing or injuring animals), 505.09 (cruelty to animals) of the Codified Ordinances;

(2) Any disorderly conduct, disturbance of the peace or other violation of Chapter 509 of the Codified Ordinances;

(3) Any drug abuse violation under Chapter 513 of the Codified Ordinances;

(4) Any gambling violation under Chapter 517 of the Codified Ordinances;

(5) Any health, safety, or sanitation violation under Chapter 521, 1775 or 1779 of the Codified Ordinances;

(6) Any obstruction of official business violation under Section 525.07 of the Codified Ordinances;

(7) Any alcohol violations under Chapter 529 of the Codified Ordinances;

Any sex offenses under Sections 533.07 (public indecency), 533.08 (procuring), 533.09 (soliciting), or 533.10 (prostitution) of the Codified Ordinances;

(9) Any offenses against property under Sections 541.03 (criminal damaging or endangering) or 541.04 (criminal mischief) of the Codified Ordinances;

(10) Any littering or deposition of waste under Section 521.08 of the Codified Ordinances;

(11) Any theft violation under Sections 545.05 (petty theft), 545.08 (unauthorized use of property), of the Codified Ordinances;

(12) Any weapons, explosives, firearm or handgun violation under Chapters 549 of the Codified Ordinances;

(13) Any noise violation under Chapter 515 of the Codified Ordinances;

(14) Any fireworks violation under Section 549.10 of the Codified Ordinances;

(15) Any offense that is a felony under the Ohio Revised Code.

(b) For purposes of this section, the occurrence of a nuisance activity means that a citation has been issued, or an arrest has been made for one or more of the offenses or activities listed in subsection (a) hereof.

(c) The Chief of Police or his designee, upon finding that two or more nuisance activities as outlined in Section (a) have occurred within a twelve month period, and that a citation has been issued or an arrest has been made for said nuisance activity or activities, may cause a written notice and order to be served on the owner of the property. The notice shall declare that if a third nuisance activity as outlined in subsection (a) hereof occurs within a twelve month period of the first nuisance activity, such property shall be deemed a nuisance property. The notice and order shall set forth the nature of the nuisances, the estimated costs to abate any future nuisance, and state that the owner may avoid being charged the costs of abatement by taking steps to prevent any further nuisance activity as set forth in this section. The notice shall further state that the City may abate the nuisance by responding to the activities using administrative and law enforcement actions, and the costs of such abatement shall be assessed on the nuisance property. Notice shall be served pursuant to the Ohio Rules of Civil Procedure.


(d) If a third nuisance activity as declared in this Section occurs within twelve months after the first of the two nuisance activities referred to in subsection (c), the City may abate the nuisance by responding to the activity using administrative and law enforcement actions, and the costs of such abatement shall be assessed on the nuisance property. The costs shall be calculated as set forth in subsection (f) hereof. The City shall provide notice to the owner of the nuisance property to pay the costs of abatement at least thirty (30) days before such costs are certified to the County for assessment against the property, and such notice shall contain a description of the nuisance activity that is the basis for the notice of intent to assess the property, and the cost to abate. If the same is not paid within thirty (30) days of the mailing of the notice, such amount may be certified to the County Auditor for collection as other taxes and assessments are collected, or the City may seek recovery of such costs by civil action against the property owner involved. Notice shall be served pursuant to the Ohio Rules of Civil Procedure.

(e) The owner of a nuisance property who receives a notice from the Chief of Police or his designee pursuant to this Section may appeal such notice by submitting a written request for reconsideration to the Law Department within (30) days of the date of the notice. If the Director of Law, or his or her designee(s) finds that the facts presented do not support the declaration of a nuisance, the Director shall rescind the notice. Any such appeal shall not stay any actions by the City to abate the first or any subsequent nuisance activity. In any such appeal, the City must show by a preponderance of the evidence that each violation stated in the notice being appealed has occurred, and that the declaration of the property as a nuisance property or of the intent of the City to assess the property for abatement costs, whichever is applicable, is justified. The City shall be deemed to have failed to have met this standard if the owner demonstrates by a preponderance of evidence that:


(1) He or she was not the owner at the time of any of the nuisance activity that is the basis of the notice; or

(2) He or she had knowledge of the nuisance activity, but has promptly and vigorously taken all actions necessary to abate each nuisance including, without limitation, compliance with the requirements of Ohio R.C. 5321.17(C) and 5321.04(A)(9), or

(3) He or she had no knowledge of the nuisance activity and could not, with reasonable care and diligence, have known of the nuisance activity; and upon receipt of the notice of the declaration of the property as a nuisance property, he or she promptly took all actions necessary to abate the nuisance including, without limitation, compliance with the requirements of Ohio R.C. 5321.17(C) and 5321.04(A)(9).

(f) Costs of abatement shall be a minimum of one hundred dollars ($100.00) upon the first violation of this section, two hundred and fifty dollars ($250.00) on the second violation of this section, and five hundred dollars ($500.00) on each subsequent violation of this section.


(g) The declaration of a nuisance property, an order to abate a nuisance, or the assessment of costs by the City on a property, does not affect or limit the City’s right or authority to bring criminal prosecution or other legal action against any person for violation of the City’s ordinances.

(Ord. 69-04. Passed 5-16-05.)

[DougHuntingdon]

From Councilman Demro's post, I can see we we've had these laws on the books for exactly two years. * Is there any possible way they can be enforced? * Otherwise all these laws are a waste of time. Let me guess--someone will suggest the solution is to double the taxes? I don't follow the police around with a spy camera, but I see a lot of cop cars during a typical day, and it seems that Lakewood has very good police response time. I realize these cop cars may be performing other tasks besides patrol (prisoner transport, responding to calls, DARE meetings, etc.).

Doug

Disclaimer not currently a supporter of any candidate for mayor

[Mark Crnolatas]

When I was going to LHS, class of '68 mind you, there was a clear message from the police department and the city who payed them . Example: If you hot-rodded your car, louder mufflers, etc, and it was a guarantee, in the warm months as they are now, you would get stopped for a "safety check", to see if your car complied with all the city ordinances. A few notes were taken, the officer introduced himself to you and was sure to get your DL and see a copy of your registration. He'd run your info and then if it was all was passable, he sent you on your way with a polite, "have a nice evening". If it wasn't, there was zero discussion as to the where the bad guy would spend the night or weekend.

If you were dressed in the "profile", and were a stranger to the officers, whether it was "leather coats or madras shirt" attire, you'd get a ticket, no warning, for a rolling stop at a sign or red-light. A ticket for 2 miles over the posted limit. (Maybe it was 3). You'd get a ticket for any violation period (Today it would be dressed as a "thug")

If you played your 2 watt radio too loud, after 11pm I believe, you'd get told about it, and maybe ticketed.

We used to think, as teens, that Lakewood Police were excessive, and LPD was indeed famous in Cleveland for being "heavy handed" with certain elements. Then again so were Cleveland police.

So what did the "bad element" do? In many cases they went to another city!!

Summary: 1) I think that Lakewood Police should be asked to go back to that mode of law enforcement. To do so might require more officers since it takes time to check on so many "possibles".

2) Get our police the funds. Manpower and equipment. Again I say our police department should have the best equipment in N.E. Ohio. We want to strut our stuff when it comes to our other pluses in the Wood. Why not strut our police department with the best cars, radios, computers, whatever they need, they should have without question.

3) Politically, law enforcement and the support of it, needs to be priority one, over everything else. We can have the best this and that, but it is all a waste of time, money and effort, if we allow our inner ring burb to become a city of fear.

4) Citizen involvement.

By the way, regarding having a dog at home for security. Dogs are nice for pets, but any street savvy "Dawg" knows to take care of the dog first. I'm not talking fear here, I'm talking logic. Securing ourselves, securing our city and making our city a place where we can keep on keeping on, versus watching it decline.

In the clearest words I can think of, well the second clearest, screw that.

Mark Allan Crnolatas

[Mike Deneen]

What "homies" have you been talking to, Mark?

My sister lived in south Florida for many years. She lived in West Palm Beach in a rough area.

Dogs deter crime. Even criminals that don't speak English understand dogs. In fact, instead of "beware of the dog" signs, homes in south Florida have picture signs of dogs biting a hand.

She and her neighbors lived a across from a crack park during the 1980s and early 90s, and were never robbed.

Many law enforcement officers believe that dogs are a deterrent.

[Mark Crnolatas]

Fast post, I was correcting some sentences and when I hit submit, there was your post.

Not easy to be exact, but if you ask around W.110th to W.25th, and talk to a few of the "home boyz", you'll hear it.

I'm not totally discrediting dogs as a deterrent, but they are not a solution. I should have clarified myself.
Mark