Police chief suggests curfew for Sylva youth

By David Bailey

Police Chief Jeff Jamison presented committee members with a plan to institute a curfew due to problems the department is having with youths being out late.

"We are experiencing a problem with minors and juveniles out here on the street in the early morning hours," Jamison said. "The main problem is we have these kids out to 1 or 2 a.m. and we're having to find them rides or find their parents."

Jamison gave committee members a copy of Hender-sonville's current youth protection ordinance as a guideline for a possible curfew.

Hendersonville's ordinance makes it unlawful for a child under 16, without a parent or guardian, to be in a public place between midnight and 5 a.m. on weekends and 11 p.m. and 5 a.m. on weekdays.

The ordinance also makes it illegal for parents to allow their child to be in a public place during the curfew hours and makes business owners liable if they allow a minor to be in their establishment during the restricted hours.

Under Hendersonville law, a minor can be out during the specified hours if he or she is accompanied by a parent or guardian or if the minor is travelling between two of the following: home, place of employment, place of worship, government building or any school-sanctioned function provided minor has attended that function.

The punishment for the first offense is a written warning to the child and his or her parent or guardian.

If an officer determines that the youth is a repeat offender, the minor is subject to a juvenile petition and the parent can face a criminal citation with a fine of no more than $500 or imprisonment of no more than 30 days.

"You wouldn't believe the problems we've had trying to find these kids a ride home, and sometimes we can't even find the parents," said Jamison. "Primarily the ordinance is geared to the parents."

"I think the concept is good," said committee and town board member Maurice Moody.

The committee set a tentative meeting for mid-August to allow Jamison, in conjunction with town attorney Eric Ridenour, to work up a draft of the ordinance to present to the town board at a public hearing in September or October.

"This is a big step for the town to take, and I think we need to take a close look at this before we do it," said Jamison.

The committee then shifted its focus to the possibility of closing the lower municipal parking lot.

"We've had a problem ever since I've been chief with young and middle age people hanging out in parking lots," said Jamison.

In the past, to keep the people out of private lots, the police worked out a deal with them to stay at the municipal lot if they kept it clean and did not use drugs or alcohol, said Jamison.

Most of the kids respect our guidelines, but there are a few that are there to drink, do drugs and cause problems, Jamison said.

The police department can close the lot to loitering, which may push them out to the private businesses again, or we can sweep the lot and write citations for everything, said Jamison.

"Whatever we do is going to cost money," said Jamison. "It's going to tie up our officers or I'll have to pay overtime to off-duty officers." "My concern is that if we close it permanently, then its going back to the way it was before," said Moody.

What would be wrong with asking the kids to meet at the parking lot or at Municipal Hall on a Friday or Saturday night to explain that if the problems do not cease, the police will close the lot, asked committee and town board member Eldridge Painter.

"Personally, that's what I'd like to do along with some strict enforcement," said Jamison.

Jamison also presented the committee a plan to implement an ordinance allowing police officers to write minors citations if they are caught smoking on city property.

We are getting complaints from parents about kids smoking, but there is nothing in the state statutes about possession of tobacco by a minor, said Jamison.

Jamison suggested a plan to cite youths who use tobacco on city property and have the court sentence be a requirement to attend a class on the dangers of tobacco.

The program would encompass the cooperation of the police department, district attorney's office, health department, Jackson County school system and Smoky Mountain Mental Health. The "alternative citation program" would be similar to the alternative suspension program used by the school system, Jamison said.

The committee plans to work on the program at its mid-August meeting and present it to the town board at a later public hearing.

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