COUNCIL COMMITTEES

The Council Committees Meeting was held on September 27, 1999, at 6:30 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, Mr. Weller, and Mayor Hutchison. Mr. Lambert was absent.

AGENDA ADDITIONS/DELETIONS

Mrs. Malone moved for approval of the agenda, seconded by Mr. Weller and unanimously carried.

LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilman Leary, Councilwoman Malone, Mr. Gorman and Mr. Merritt.

Proposed Ordinance Amendment - Section 14-6.2 - Underage Possession or Consumption of Alcoholic Liquor

The Police Department submitted a proposed ordinance amendment, Section 14-6.2, regarding underage possession or consumption of alcohol. Members were advised that the proposed amendment is in response to both an operational need and a request for stricter enforcement by the public. At a community meeting held by the Police Department, there was a request by many that the City’s ordinances should be written so that they may be more strictly enforced.

Section 14-6.1 of the Dover Code covers consumption of alcoholic liquor on a street or in a public building; however, it does not address underage consumption. Although underage possession or consumption of alcohol is covered by state statute, it is manpower intensive to utilize. In order to operationally enforce the state law, officers would have to arrest the offenders at the scene (usually at a large party whereby the police are called by neighbors due to excessive noise). The offenders would then be transported to the police station, fingerprinted, and potentially arraigned at the Justice of the Peace Court #7. The hours that this would entail are cost prohibitive. The proposed amendment would have a similar impact on the offender; however, it would only require officers to issue a summons. If an officer felt it necessary, they could opt to enforce the state statute in lieu of the City ordinance.

Mr. Salters moved to recommend adoption of the proposed ordinance amendment as requested by the Police Department (Attachment #1). The motion was seconded by Mrs. Malone and unanimously carried.

Proposed Ordinance Amendment - Section 14-8 - Excessive Noise Prohibited, Subsections (a) and (b)(2)

At the request of Judge Stump, the Chief Judge of Kent County, the Police Department submitted a proposed ordinance amendment to Section 14-8, regarding excessive noise, for clarification. The proposed amendment will also respond to requests for stricter enforcement by the public, recently relayed at a community meeting held by the Police Department.

It was proposed that subsection (a) be amended by adding “or creates the risk thereof” following “comfort, repose, health, peace or safety of others, ...”; and that subsection (b), paragraph (2) be amended by adding to the end of the paragraph “however, this does not preclude conviction of the violation during any other hour.” The addition of the more restrictive language will assist in the prosecution of offenders of Section 14-8 of the Dover Code.

Mr. Salters moved to recommend adoption of the proposed ordinance amendment as requested by the Police Department (Attachment #2). The motion was seconded by Mr. Leary and unanimously carried.

Proposed Charter Amendment - Section 17 - Ordinances [Authorized; Maximum Penalty for Violation]

The Police Department submitted a request for an amendment to Section 17 of the City Charter that would increase the amount of fines to $1,000. The State laws allow the City to fine up to $1,000; however, the City Charter specifies fines may not exceed $100. It was felt that the increase in fines would not only assist the Police Department, but would also assist the City’s Inspections Department.

It was noted that the adoption of an ordinance requesting the State Legislature to consider a Charter Change, upon their return in January 2000, would be required.

Mr. Salters moved to recommend adoption of the proposed ordinance amendment as requested by the Police Department (Attachment #3). The motion was seconded by Mrs. Malone and unanimously carried.

Mrs. Malone moved for adjournment of the Council Committees, seconded by Mr. Leary and unanimously carried.

Meeting Adjourned at 6:55 P.M.

                                                                                    Respectfully submitted,

                                                                                    Robin R. Christiansen

                                                                                    Council President

RRC/lcg