North Adams Council Keeps Curfew, Changes Penalties
 Aubry Tessier, 17, told the board she and friends were frequently in violation of the curfew because of school and other activities. |
"I feel that it is supporting the police to keep this on the books," said Councilor Gailanne Cariddi. "It was obviously put on the books for a reason ... I think this is another tool in the toolbox ... I think you should be very careful about cutting things away that have been in place for many, many years."
An ordinance similar to North Adams' was struck down by the Supreme Judicial Court, prompting Cariddi to bring the matter to the council. The issue was referred to both the General Government and Public Safety committees and discussed in council at the last meeting.
Several councilors expressed concerns over the hours (11 p.m. to 5 a.m.) and age (17) in the revised curfew that could land teens working late or attending late-night films in trouble.
Aubry Tessier, 17, one of two teens speaking on behalf of the Northern Berkshire Community Coalition, said the times didn't jibe with a state law that allowed her to drive until 12:30 a.m. Plus, teens coming home from late-night activities, such as last Thursday's basketball games at the University of Massachusetts, put them in violation.
"I just feel that in a bigger city where there's more crime, more problems, this might be effective," said Tessier. "I've been out past 10 and I haven't gotten in trouble ... at this point, I probably would have a lot of fines but nothing's happened."
"Most of us didn't know there was a curfew in place," Kaitlin LaValley, 15, told the board. "I feel like for me personally, there isn't a need for it."
 Councilor Alan Marden, center, thought there was no reason to keep a law not being enforced. |
"The only reason it's before the council is because of the court ruling," he said. "Our police have enough things to worry about than these kinds of issues.
"I really think we ought to think twice about this before we refer it to another committee."
Councilors Keith Bona and Marie Harpin agreed, with Harpin saying it was a parental matter not a city one. "The police feel like they're baby-sitters." Bona noted that police could use the loitering ordinances that weren't based on age.
Mayor Richard Alcombright, however, disagreed.
"Shame on us if we take things off the books because they're not enforced," he said, adding that not every child has a good home. "This ordinance was specifically designed to protect our kids ... My concern is for that 14-year-old that's walking the streets, that's lonely at 2 in the morning. ...
 Kaitlin LaValley, 15, said visiting a cousin down the block would break curfew. |
He suggested the curfew times be referred to the soon-to-be established Youth Commission. Cariddi moved to strike the changes to times and age and retain the noncriminal penalties. That amendment passed with Marden dissenting; the updated ordinance passed to a second reading with Bona dissenting.
The changes put in place fines up to $100 and community service up to 10 hours. The age for now remains at 16 and the times at 10 p.m. to 6 a.m.
In other business:
► Trevor Gilman's appointment to the Airport Commission for a three-year term was approved. The appointment had been referred back to the mayor's office at the Feb. 23 meeting because of a clerical error in the order.
► The Windsor Lake Recreation Committee was expanded from three to five, with two seats at three years, two seats at five years and one seat at four years. Minor changes were also made in the ordinances relating to the committee.
► The Finance Committee reported that it has discussed a sewer user fee with the mayor. The committee agreed a fee would be the best way to determine usage and that property owners would have some control over usage. The mayor had requested the committee hold off on any recommendations until a five-year estimation and a report on how it might affect commercial entities be completed.
The committee also discussed the possibility of instituting a meals tax. The rooms tax adopted last year has brought in about $92,000. The adoption of the three-quarters percent meals tax, raising the total tax to 7 percent for restaurant food, could raise about $72,000. The committee will meet again on Monday, March 15, at 4 p.m. in the council chambers.
► The council endorsed a resolution in support of the planned Mohawk Bicycle and Pedestrian Trail between Williamstown and the city and backing the Berkshire Regional Planning Commission's pursuit of funds from the National Scenic Byways Grant Program. The Phase II funds would be used for engineering designs for the westernmost portion of the proposed trail.
► Appointed to the Human Services Commission for three-year terms were Maria A. Diamond and Shima owner Suzy Helme; for a one-year term, William Perreault. Reappointed to a three-year term was Suzanne Wick.
► Appointed to the Massachusetts Museum of Contemporary Arts Commission for three-year terms were Jo Ann Lipa Bates and Sandra Thomas.
