COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING AND PUBLIC MEETING BEFORE COUNCIL COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, October 22, 1998 9:38 a.m. - - - BILL NO. 980712 - An ordinance amending Title 10 of The Philadelphia Code, entitled "Regulation of Individual Conduct and Activity," by amending Chapter 10-300, entitled "Minors," by amending Section 10-303, entitled, "Unlawful Conduct of Minors" and Section 10-304, entitled "Unlawful Conduct of Parents," by amending the hours of curfew on certain days, all under certain terms and conditions. PRESENT: COUNCILMAN JAMES F. KENNEY, Chairman COUNCILWOMAN AUGUSTA A. CLARK COUNCILMAN DAVID COHEN COUNCILMAN FRANK DICICCO COUNCILMAN W. THACHER LONGSTRETH - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 (215) 561-2220 2 COMMITTEE ON RULES - BILL NO. 980712 I N D E X Deputy Commissioner Sylvester Johnson. . . . . 3 Philadelphia Police Department C.B. Kimmins, Executive Director . . . . . . . 13 Mantua Against Drugs Ruby Campbell. . . . . . . . . . . . . . . . . 23 Port Richmond Against Drugs Ruth Sanders, Private Citizen, Wynnefield. . . 25 Florence Del Marino, President . . . . . . . . 27 Summerdale Civic Association Robert Gessler . . . . . . . . . . . . . . . . 35 President, Philadelphia County Board of the Ancient Order of Hibernians John Furey, President. . . . . . . . . . . . . 37 Broad Street West Civic Association Janet DiGiovanni, President. . . . . . . . . . 39 Whitman Council, Inc. Kate Chomentowski. . . . . . . . . . . . . . . 41 Fishtown Civic Association Teresa Youngblut, Executive Director . . . . . 45 Northern Liberty's Neighbors Association 3 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING P R O C E E D I N G S
Good morning, ladies and gentlemen. The Council Committee on Rules is now in session. We have a quorum to discuss Bill No. 7 980712, which is an ordinance amending Title 10 of The Philadelphia Code, entitled "Regulation of Individual Conduct and Activity," by amending Chapter 10-300, entitled "Minors," by amending Section 10-303, entitled, "Unlawful Conduct of Minors" and Section 10-304, entitled "Unlawful Conduct of Parents," by amending the hours of curfew on certain days, all under certain terms and conditions. Just as a backdrop to this bill, it was brought to my attention by actually uniformed members of the police department in the 4th District, that Mischief Night, the traditional night of kind of petty vandalism and other acts of vandalism, which is peculiar to that particular evening, and Halloween, which is a night where children are out on the street, you know, trick-or-treating and other things, and also an opportunity for petty vandalism, that fell this 4 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING year on a Friday and Saturday, which would make the normal curfew hours midnight for anyone under the age of 17. It is my contention that it would be appropriate for those two evenings, when Mischief Night and Halloween fall on a Friday or Saturday, to roll back the curfew to the normal weekday time of 10:30. Next year, for example, Mischief Night falls on a Saturday, so it would be, in effect, again next year. Sunday night for Halloween next year would be a normal curfew night of 10:30 anyway. So this is a special provision that we're trying to implement in an effort to keep community activity and vandalism down to a minimum. We have not had in Philadelphia the problems that other cities in the past have had, like Camden, in some of the fire-setting things that were going on, but there is a rash of minor vandalism, egg-throwing, soaping of cars, destruction of property, which really is a major problem for people living in our communities throughout the city. So what we'd like to do is to ask 5 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING Deputy Police Commissioner Sylvester Johnson to come and give his testimony regarding this proposal. And thank you all for waiting. We had a very important briefing, and we appreciate your indulgence. (Deputy Police Commissioner Sylvester Johnson comes forward.)
Good morning, Commissioner. COMMISSIONER JOHNSON: Good morning. Okay, I want to thank you for the opportunity to appear before you today on behalf of the Philadelphia Police Department. I am Deputy Commissioner Sylvester Johnson, and I support the passage of Councilman Kenney's ordinance revising the juvenile curfew laws. The hours of curfew are normally extended from 10:30 p.m. to midnight for Friday and Saturday nights. This year, however, presents a unique situation. Friday is Mischief Night which is followed by Halloween on Saturday night. Mischief Night has on a number of occasions prompted behavior arising far and beyond 6 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING the level of so-called mischief. Highly publicized examples include the numerous arsons that have become associated with this night, both in Detroit and, to a lesser degree but much closer to home, in Camden, New Jersey. The efforts to alleviate these problems have required the mobilization of armies of volunteers as well as police officers. Fortunately, our situation in Philadelphia has not become so extreme. We believe that the adoption of this ordinance will benefit the city with an additional tool to continue to avoid similar tragedies. As part of our efforts to alleviate problems associated with this night, a number of targeted districts, in cooperation with municipal court, were open last year on Mischief Night for a special Mischief Night court session. Let me share with you some statistics in forming the last year's session. Statistical information: - Arrests for disorderly conduct, 53; - Open containers of alcohol, 19; - Criminal mischief, 14; 7 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING - Destruction of highways, 13; - Underage drinking, 10; - Simple assault, 2; - Possession of air guns, 2; - Narcotics, 1; - For a total of 114 arrests. Fines imposed - in excess of $14,000. Community service imposed - in excess of 4,000 hours. Examples of incidents: Brick-throwing at Housing Authority police officers; Assaults by a couple of males on an 11-year-old male, resulting in hospitalization treatment for injuries; Numerous egg-throwing incidents; One egg-throwing, baseball-throwing incident resulting in injuries; another resulting in the arrest of a male and confiscation of handguns and narcotics; another incident was directed at a police officer; Motorists' windows being shot out by BB guns; Paintball guns being confiscated. 8 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING Call for service: Mischief Night 1997 resulted in over 4,700 calls for service and to police radio on the 3-to-11 tour. This was a staggering increase of 52% from the previous Thursday night. These court sessions will again be held this year on Mischief Night, Friday, October 30, 1998, throughout the city. The locations are: 12th District, 65th and Woodland; 35th District, Broad and Champlost; 8th District, Academy and Red Lion; 3rd District, 11th and Wharton; 18th District, 55th and Pine; 15th District, Harbison and 11th. Although the types of incidents normally associated with this night are relatively minor in nature -- egg-throwing, soaped windows, etc. -- they can, at times, escalate beyond the control of the parties involved, sometimes with tragic results. With your help and with the accompanying publicity, we can get this message out to all of our citizens, especially to our youth, to prevent any unfortunate incidents. Your 9 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING prompt passage of this bill will enable us to distribute this information to our officers in a timely manner. This completes my prepared testimony, and I'm prepared to answer any questions that you may have. Thank you.
Thank you, Commissioner. I just want to make sure that it's clear that people under the age of years who 13 are on their way to or from work, who are in the 14 company of an adult guardian over the age of 18, 15 and those who are involved in organized activities 16 that are being sponsored by civics associations 17 and community groups and police athletic leagues would not come under the constraints of this request to roll back the curfew to 10:30. This ordinance is for those kids that are basically on the corner, unattended, unaccompanied, who, theoretically, at the age of 11 or 12, could legally be on the street at 11::30 on a Friday night. And what we want to try to do is to give the police the tools necessary to get 10 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING them home, to get them moving, and to get them in the house where they'll be safe. COMMISSIONER JOHNSON: That's correct.
Commissioner, in the statistics, there was just one crime which related to underage drinking, so that was clear that those crimes were committed by juveniles, by people under the legal age of 18. With respect to the other statistics, do we know how many of those crimes were committed by adults or juveniles? Is there any record of that? COMMISSIONER JOHNSON: I think these statistics are statistics that were brought in front of these particular courts on that day. It's not citywide. These are the statistics just for the eight courts that were set up that day. These are the people that went in front of this particular court. I don't have the statistics that have been, you know, pulled citywide. There were only eight courts that day. 11 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING
Do we have statistics on those crimes, whether they were committed solely by juveniles? Or weren't some of those crimes committed also by adults? COMMISSIONER JOHNSON: I'm sure there were other crimes committed by adults on that particular day. I don't have that information with me, but I will get that information for you.
The only reason, Mr. Chairman, is that in the bottom, whereas -- on the third line where it says, "Whereas during the recent past, it has become commonplace for some minors to commit acts of violence," I would like to offer an amendment just so that it says, "Whereas to eliminate some minors to commit. . ." And then to insert, after the word "property" on line 3, "to occur," just indicating -- you know, not charging that just juveniles commit crimes. It's been always my understanding that this is an occasion when some people who are not juveniles take advantage of the situation and commit these acts. And there are, undoubtedly, juveniles who also do it. 12 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING COMMISSIONER JOHNSON: Yes.
So I just want to take away the thought that it's only juveniles that commit crimes during these hours.
I think that's a fair thing to point out. And, also, I consider that a friendly amendment and would accept it with pleasure.
Councilman, do you have any questions for the Commissioner?
Thank you very much for your time and your patience in waiting for us, and thanks for your testimony. COMMISSIONER JOHNSON: All right, thank you very much.
Thanks. There are a number of people here with Mr. Kimmins. C.B., could you bring up basically your group with you, and perhaps you'd offer the 13 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING testimony on their behalf. And if there's anything else people would like to add, we could add it. (Mr. Kimmins et al. come forward.)
Good morning. What I'd like to do is have you give the testimony, and then maybe you could point out who's here with you and what neighborhoods they represent.
My name is C.B. Kimmins, K-I-M-M-I-N-S, from Mantua Against Drugs, the executive director.
Yes. Today we have with us Pat Marston, and she's from the Badlands area, Front Street Against Drugs, and she's right down in the District. 23 On my left is Ruth Sanders. She's from 24 Wynnefield, where we have a major drug problem and 25 youth problem up there with violence perpetrated 14 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING by youth, and these are the kids under 18 years of age. On my right is Ruby Campbell, from Port Richmond Against Drugs. She also faces the same kinds of issues. She's been with us for a number of years, fighting crime in her community. And we also have Jay and Sue Wiley, W-I-L-E-Y. They're from Top Cat Town Watch, which is based in the 24th Police District. And they have been very instrumental in helping Operation Sunrise with Commissioner Timoney and Deputy Commissioner Sylvester Johnson. We have Bertha Cannon in the white hat. She's further over to the right. She's been with Mantua Against Drugs for the last 12 years, and she lives in South Philadelphia where there are -- again, there's a sizeable portion of crime that is committed. And we have Mrs. Cousar. And you're from where?
Girard Parkside. That was one of our groups that also started about 10 years ago. 15 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING So we have a cross session of folks from all over Philadelphia that have to deal with these same issues. I myself am going to address and support what Commissioner Johnson just gave in terms of the statistics and the facts that we see each day. Although we do not compile these same statistics and we don't keep an accurate record, what we do see are the crack houses, the crack dealers, the drug dealers, the destruction to the community that drugs have perpetrated on this city. We see that because we spend hours a day 15 on the streets. If not those folks around me 16 doing 20 hours every day, at least I am. 17 And when you live in those kinds of 18 hours on the streets of the city, you get to see a 19 lot. You get to see a lot of crime, you get to 20 see a lot of the negative stuff, and a lot of the violence. If there are crimes committed, as Councilman Cohen addressed and the Commissioner, by folks over 18, even if that's true, if you take away those youngsters from 18 and younger from 16 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING being on the streets in Philadelphia at 10:30 and on till 11, 11:30, 12=midnight, you will see a sizeable proportion in the drop of crime, the propensity for crime to be committed. All I have to do is take you to last night, the rocks being thrown from the bridge overpass on the Boulevard. Two years ago, the eggs being thrown at the lady in Cheltenham on a Mischief Night. The propensity for peer pressure to take over with our youth is contagious. What they do is, they see each other brag and want to pass on to this. It's a mentality of like a mob, almost that we can do what we want, there's permission that's been granted by the adults through the ages, down through the times in this city and other cities that we can almost get away with this. It's a custom that it's okay to throw eggs, to do soap on the windows, to set bags on fire so people come out their door and step on 'em, to even set fires itself, to give a full range of permission in a way that only they justify -- not the police or the grown-ups that 17 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING we're out there defending or the senior citizens. They justify being able to do all the mischief and vandalism they want to do. And it's not that there's just one child that can stand up and say, Enough is enough of this, I'm going to go home, I'm going to do my homework. It's almost like a given that it's okay not to do homework, it's okay not to obey the rules and the laws of our society. We're going to have this mob on the street, and don't you stand up to us and don't call the police on us 'cause we're going to do what want to do. And I think it's high time that this city enforces a curfew of this nature. I'd rather see this enforced almost every weekend. But then we're worried about their rights. Well, what about the rights of the property owner, those who vote for the City Council folks, those who vote for the City Council president and the mayor and the state representatives. What about the rights of those citizens who are paying taxes, who have to struggle to know where their next dollar's coming from to feed their kids, to put clothes on their 18 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING backs? Where are the rights of those adults to have their streets safe after 10:30, that if they forgot something in the car, they can walk out to get it; or if they want to run to a 7-Eleven or maybe go to work, they're safe doing that. No, we have to worry about and we have to protect the rights of those juveniles who are not even being supervised at home by their parents. They're out on the street causing all this mayhem.
And it's not just the statistics that Sylvester Johnson, who we follow through -- let's see, he's done 17, marches with us in the 16 Operation Sunrise area and in other parts of 17 Philadelphia. It's not just those statistics that 18 he elaborated upon; it's what we see. We experience the hell that most of these citizens in Philadelphia live through every single night -- the gunshots, the violence, the threats, the intimidation, the loud music, the noise, the folks that come in from Delaware, the folks that come in from New Jersey. We see this 20 hours a day. Somewhere it has to be stopped and 19 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING somewhere we need a responsible grown-up who will take to the fore and say, I'm going to do something about that. That's why I admire Councilman Kenney for taking this step. And it seems like most of the legislation he introduces in this city is misunderstood, but it's all for the quality of life, for unborn children, the children now, the children coming, and for those folks that are having a stake in this city's future. He wants us to stay in Philadelphia, not to leave. And I admire you and I give you a lot of applause for --
-- taking this stand today. It takes a lot of courage, and we've seen you take courageous stands on every single bill 19 that you've introduced in this city. And I for one tell you, in spending 20 hours in the streets, no one is paying us any money. We're all volunteers, so we have no hidden agenda here. We applaud and admire your courage.
Thanks. And I just wanted you to understand too 20 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING that there is another piece of legislation which we will debate at a larger, more involved hearing relative to the overall curfew issue, adjusting it during the school year as opposed to the summer, and dealing with those issues relative to different ages. For example, children who are in high school who have other events and things that they do at night -- dances and stuff -- when children who are still in grade school should be home, in my opinion, by 10 o'clock every night of the week. I mean, certain -- as you get older, you get certain privileges granted to you based on your behavior and your age that I think we need to deal with again and additionally discuss why the curfew doesn't seem to be enforced as it should be.
And what penalties there are for parents who basically allow their kids just to roam. And that's a major problem. But this -- again, I appreciate your testimony. But this, again, is dealing with these 21 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING two particular nights, even though it's involving an overall problem.
Sure. I wonder if I can impose on you, Councilman Cohen and Councilman DiCicco, just to have Miss Campbell and Miss Sanders say a few words.
Oh, yeah. Anybody who wants to -- yeah, we're going to take all testimony -- (Parties speaking over each other.)
I think he has a question (indicating Councilman Cohen).
I think you misunderstood my question to the commissioner. I asked him whether or not -- I did not state that I was in opposition to this bill because I'm supporting it.
What I did was raise 22 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING the question of adults who take advantage of Mischief Night, for example, to also commit vandalism.
And just in the "whereas" clause, where it's now stated in the original language that it has become commonplace for some minors to commit acts of vandalism, I didn't want just minors just singled out, because, on that night, vandalism also often occurs by some adults who take advantage of the fact that it's Mischief Night and think that minors will be blamed for their activities. So all I wanted to do was to make it clear that we want to fight against any of the acts of vandalism, whether they're committed by minors or by adults. And I am in support of this bill and merely asked for words to be changed in the "whereas" clause to indicate that there are more than minors that may be involved in the acts of vandalism.
Oh, I appreciate that, Councilman. And I think that these adults --
And that was the 23 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING question that I addressed to the commissioner.
Sure. These adults would like to see the minors get involved in the activity 'cause they know there's less time that they will do if they are caught. So you have adults deliberately manipulating youth to do the crime, figuring, If it's me, I'm a grown-up, I'm going to do a lot more serious time with this. Thank you.
Councilman DiCicco just mentioned, and we've been going through this in the South Police Division, that it's the adults who are selling 'em the eggs --
-- and the other materials that are involved in it. So I think that Councilmember Cohen's suggestion for the amendment is very much an appropriate thing to ask for, and I think we needed to address the entire problem, not just kind of pick on the kids. Ma'am, could you please identify yourself.
My name is Ruby 24 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING Campbell, and I'm from the Port Richmond Against Drugs. To all of the City Councilmembers, your concerns should be for your constituents and residents of the City of Philadelphia. Listen as we speak. All we want is safety on our streets. We want to take our children trick-or-treating, but we don't want to get mugged, stabbed, or shot as we walk down the street. Trick-or-treat should be over by 9, and wait patiently for the stragglers that lag behind. And when 10:30 comes and they're off the street, that is not a trick, but a real treat. The change has definitely moved with time. And yes, yes, yes, there is much more crime. It isn't safe to open our doors. We, the citizens of Philadelphia, are crying, How much more? Councilman Kenney, he knows and he understands plenty. He doesn't want teenage crime -- no, he doesn't want any. His curfew bill he has completed. You, the Councilmembers, should vote yes and not defeat it. We, the citizens of Philadelphia, positively 25 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING and so desperately need it. Hey, City Council, it's long overdue. Enforce the curfew that Councilman Kenney has presented to you. It shouldn't just be for Halloween, but for each and every day, if you know what I mean. We can prevent teenage crime if the curfew law was enforced all the time. So don't delay, enforce the curfew law today.
My name is Ruth Sanders. I'm from the Wynnefield area. As we all know, time has changed. You know, years ago, Mischief Night was Mischief Night. Now, it's -- it's -- people are scared to even walk the street every day, not just on Mischief Night. COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING All I have to say is, like, I have gone into some of the stores up on City Line because a lot of times I've seen kids on Mischief Night buy dozen of eggs. What are you going to do with 6 12 dozen of eggs? There's hungry people out here. 7 I think we should hold the store -- you 8 know, some of the stories accountable too. Like 9 the Dollar Store, I talked to the manager there. 10 If a kid comes in and buys four dozen eggs on 11 Mischief Night, you know what's up. She said she 12 would try, you know. She did say she would try,. But at 7-Eleven last year, I seen a lot of kids from St. Joe's. They go in there two at a time, each of 'em buys three dozen of eggs. Then they throw the eggs at cars, which could cause an accident. And, really, like I told some of the kids, there's people hungry out here. Why don't you -- if you're going to -- if you got money to spend like that for mischief, why don't you take that same money, buy the eggs, and start a community fund to feed the hungry, you know. And I just think this bill, you know, would help. And we should, you know, put all our 27 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING support behind it. That's all I have to say. Thank you.
One more? Okay, thank you. I want to make sure that everyone understands who's sitting up here that even if you're not speaking, that your name has been recorded in the record and, you know, your views are being put forth by a few speakers. But basically, we all know you're here, and the record will know you're here. Please identify yourself.
Good morning. My name is Florence Del Marino, and I am the president of the Summerdale Civic Association, and I am also one of the C.B. followers in the drug marches across the city, and I am proud to say so. I am also here to address you regarding the issue of the curfew. I am having a problem with the fact that we have ten commandments that are written in 28 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING granite, and they are not adhered to. I am a little tired coming before our legislators, asking for more laws that are not being enforced. It's also my understanding that there are some members of Council that are saying -- and I hope I heard this wrong, but it's my understanding that there are some members of Council that find this legislation, this temporary measure, discriminatory. I hope I heard that wrong.
No, let me say for the record that I have got -- have received no 14 complaints or criticism from any member of Council on this particular issue; they've been nothing but supportive. I think that they recognize, as we all do, that small measures like this, while not solving the entire problem of what goes on in our streets, creates a kind of an aura of stability and rules that are being set that people need to follow. But I haven't received any complaints or any criticism from members of Council in this regard.
I think, if nothing 29 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING else, what it has done is, it's going to help the rank and file of the police department concerned. We already know that there are some areas that do not have as many people on the street where the police rank and file are concerned, and I think some of us understand why, and it's going to take some time to get those numbers back up. But in the meantime, for those of us who are home owners, those of us who are taxpayers, and those of us who are voters, are deeply concerned with the welfare of our communities. These kids -- this is giving them cart blanche. And I know, in our particular area, we have bent over backwards to try and accommodate them. And if I hear one more adult stand in front of me and tell me that there's nothing for kids to do today. . . There is more for kids to do today than there's ever been in a lifetime. That's number one. And number two, I think these kids want everything done for them. We did have a meeting that Councilman Mariano did attend with some of the youth from our community. And all I'm hearing 30 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING the kids say is, Give me, give me, give me, and this is what I want. And, of course, when you ask them, What is it that you are going to give back in return? they throw their hands in the air, Well, we're kids. Well, I think, to be honest with you, there are a lot of alternatives, and I think, starting with homes. And I think that once the -- again, and I believe that it's on the books, that the parents are held accountable. They're the ones that gave birth; they are responsible for their kids. And we have to start implementing these laws, and they're not being enforced.
You know that City Council is not the enforcement mechanism.
So all we can do is to pass the laws, and then it's up to the police department to enforce the laws.
I understand that. And what I am -- I guess the point that I'm trying to make to you is being out here on the front line, in the community, what we're seeing is that 31 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING the police department, their rank and file, their hands are really tied. And it is up to us as the voters. We are in the process of educating our entire civic association in letting them know that the legislators that we come before to beg these types of laws are our voices in the public arena. And this is something that your constituents and our members need to be aware of. And it's a trickle-down effect, basically. But I think now that the citizens are being literally held hostage by these kids on the street, and this is what's happening. Another thing that I am appalled with is this whole drug process that C.B. is doing across the city has been such an eye-opener and a consciousness-raising for myself. Because I am finding that so many of the parents, mom and dad, are both on the drugs. So the thing is, we are dealing with a crisis that is incredible. And once the kids are under the influence of whatever substance it is, they just don't care. And you know and I know they don't remember. 32 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING We realize that you are not the enforcement. However, you are capable, you are able to help us put at least a Band-Aid on this hemorrhage until maybe this will be the consciousness-raising to the citizens of the city. You know, grab a bat, get in the game, get out, register, and vote. That's basically what it is.
As I understand it, every police district has advisory councils and has regular meetings. Have you expressed your concerns at those meetings? Because that's where the enforcement really begins. The Council has enacted the original curfew laws and, in my judgment, it's going to be enacting this law, and I think Councilman Kenney is right that it will be done unanimously is my speculation. So we're doing everything we can do, but we think you have got to direct a lot of your attention to the police department so that we can find a way of doing it within the, you know, financial constraints that exist in the city.
So we applaud your 33 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING activities. And this Council was the council that originated the monetary, the fiscal support for Town Watches. We have been the ones in the city who have been raising the amount of fund for Town Watches because we appreciate so much of the work that you do.
So we're suggesting that in addition to talking to us, you -- I think Council has been extremely supportive. And yet, I sort of sensed the feeling that maybe that's not so in your mind. But this Council has done everything it could do, and the problem is one of enforcement. And we are -- we try to -- Councilman Kenney is very active in that regard, and other Councilmembers are too. And most of us go fairly regularly to these various meetings. So we'd just like to enlist your support in helping to convince the police department, and they have tremendous jobs to do. You know, they're limited by what they can do. But express your concerns not only to 34 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING us -- it's proper to express them to us -- but also, you know, in these police meetings, because we too would like to work with you to see that people can walk the streets safely, you know, and not be concerned if they're going to go to a corner store to pick up a loaf of bread at night and that they're not going to be harassed by gangs on the corners or anywhere else.
Yes, sir, we understand that. And I thank you very, very much. And, Councilman Kenney, thank you.
In closing, I'd just like to say that, Councilman Kenney, continue to fight for us. You're a hero to us. Don't worry if some of your Council folks don't see that. We need more heroes like you and Sylvester Johnson. He is doing what Councilman Cohen talked about. And we have Leona Smith and Barbara Smith back here, true heroes to the city, true heroines, and I'm glad to have those kind of folks in our city. 35 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING Thank you again.
Thank you very much for your testimony. Mr. Gessler and Mr. Furey. (Messrs. Gessler and Furey come forward.)
I apologize for the wait and appreciate your patience. Please identify yourself for the record.
My name is Robert Gessler. I'm president of the Philadelphia County Board of the Ancient Order of Hibernians. We're an Irish-Catholic fraternal organization that have 11 divisions throughout the city, 3500 members. We range from Southwest Philadelphia, West Philadelphia, South Philadelphia, Northeast Philadelphia, the Port Richmond area. And we've seen over the past an escalation of these so-called random -- or not random, but miscellaneous acts of violence. It has taken a certain edge in the recent years that it's escalated past, you know, the soaping of cars and, you know, just plain mischief to, you know, 36 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING violence and just to a whole 'nother level. So what we've tried to do just within our own organization is to sponsor some activities around Mischief Night and Halloween to get these kids off the streets so they're not responding as much to peer pressure. We have two junior divisions in high schools -- one in North Catholic and one at Father Judge, each with about a hundred students in there, that what we try to do is sponsor activities so that these gentlemen and these ladies don't feel as much pressure to join in these. And I think it's a fantastic ordinance. It's something that addresses the problem and deals directly with it. So you have our full support. And we'd like to thank Councilman Kenney and DiCicco for sponsoring this legislation.
Thank you. I think Councilmember Clark had a comment she'd like to make.
I want to suggest 37 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING that I think you have the right idea. You can either shake your fist or you can light a candle. And if you provide organized activities, the children who are in your activities are not otherwise engaged. And I thank you for your voluntary effort 'cause I think that does it.
I notice you have none in North Philly. That's coming next, right?
We're trying. As far as I'm concerned, I'd like to see us all over the city of Philadelphia.
You want to convert everybody to being Irish-Catholic is what -- (Laughter.)
You'd be surprised how many Irish-Catholics there are out there.
Good morning, Mr. Chairman, 38 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING and members of the committee. My name is John Furey. I'm president of the Broad Street West Civic Association. I'm here this morning to salute Councilman Kenney and support his ordinance. We need the public attention to this very critical issue. We've been active in the community, circulating flyers and talking to neighbors, and this is a very needed ordinance. Even though the ordinance is on the books, we need to get more attention to it. There needs to be enforcement, and that's the bottom line. I also have a letter from our local Town Watch, from Mr. Frank McBride, and they are in support also of this ordinance.
And we thank you for coming in and again for your patience in waiting for us to get in here. Janet DiGiovanni. And that is the last -- is Terry Youngblut and Kate -- do you want to come up together. You're the last names I have on 39 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING this list for today. (Janet Giovanni, Theresa Young Blut, and Kate Chomentowski come forward.)
And after we vote this out of committee, we'll be going over across the hall for a caucus. And then, hopefully, we'll be back quickly for our session, which we're late for now. But good morning and thanks for waiting, and please identify yourself.
I'll make it quick. My name's Janet DiGiovanni. I'm the executive director of Whitman Council, Inc. We're a community organization in South Philadelphia. We're located at 2455 South Third Street. Our service area is from Lee to Broad Street, Snyder to Packard Avenue. The bill introduced by Councilman Kenney, Councilman Frank DiCicco, and Councilwoman Ann Verna, if passed, will be more than welcomed due to the fact that it will not only protect the citizens of our neighborhoods, but their property as well. Juveniles will have less time to get into mischief. 40 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING If the bill is passed, we will assist in our community in distributing flyers in local stores and businesses. The majority of serious vandalism takes place after p.m. Over the past few years, the 7 4th Police District has diligently worked to 8 reduce the vandalism and suspicious criminal 9 activities in our neighborhoods on Mischief Night. 10 Operation Good Egg has been in effect since 1996, and we have seen a decrease in vandalism. Police officers have been visiting all retail stores since the beginning of October to ensure that store owners, managers, and employees are mindful of the misuse of eggs. Thanks to the efforts of our Councilmen and our] Councilwomen, there has been a significant reduction of crime due to the additional police patrols, patrol cars, bike patrols, and foot patrols. Vandalism has declined, especially in problem areas. As you may be aware, night court will be in session at 3rd and the 4th Police Districts located at 11th and Wharton Streets on Mischief Night, Friday, October 30th. Mischief Night falls 41 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING on a weekend, which will make the police department's job more difficult this year. The change in the curfew few from a.m. to 10:30 5 p.m. will be a welcomed effort here. It only 6 enhance the efforts already in place. 7 We hope you will take this bill under 8 serious consideration. And we thank you for 9 listening to us. 10
I also have here, just so that you will be aware of it, the schedule in the 4th Police District, who will be there and for what times.
Okay, thank you. Kate, could you please identify yourself.
I'm Kate Chomentowski, from the Fishtown Civic Association. All neighborhoods have this same problem with juveniles and adults. We also have a problems with Delaware Avenue with the clubs in 42 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING our area that flow into our neighborhood, and they could be more trouble than the juveniles after 4 o'clock at night. 5 We do have the cooperation of some of 6 the corner stores and the Thriftway in the 7 Richmond Plaza not to sell eggs to juveniles. 8 So -- and I'm in favor of the bill, and 9 I think it should be carried over all yearlong, 10 those hours. What are children that young doing out, without guidance?
There is another -- we needed to expedite this bill in order to have it be in effect for this year's Mischief Night and Halloween. But there's a also companion bill that will be scheduled for a hearing in the future, which is a wider-ranging suggested change in curfews for week days and weekends during the school year for kids between the ages of 14 and 17 and under the age of 14. So we're going to have a wide-ranging discussion on all of those issues, plus the issue of enforcement, or lack thereof. And, hopefully, we can get a handle on the problem. But this expedited hearing was in an 43 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING effort to make it effective for this October 30th and 31st.
Well, we're going to institute a program with Adaire School, that we're going to let the children handle the incoming calls for problems in the neighborhood -- not personal problems like sewer, gangs, graffiti. And then I'm going to try and make connections with Frank DiCicco and yourself or any other Councilperson that I need to for these kids to call and get help from, to get them involved in what's being done to their neighborhood. And if they see what's being done and how to fix it, maybe they'll go out from the school to the their friends and say, This is our neighborhood, let's take care of it.
Exactly. And it's a grade school, and we're going to work with 6th-, 7th-, and 8th-graders to start this so that they'll have their own file started in the community.
It'll take a good 44 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING decade to reverse --
But young children, I think, are the best and most open-minded to deal with in moving them forward.
I'm interested in creative programming. I think it works better and lasts longer than policing. We, one, lack the resources; and, two, I lack the will to turn this city into a police state. So I am much more interested in creative programming. And I think you need to do a sample that's small enough to get your hands around so that you can evaluate objectively what gets accomplished. But police are, at best, a temporary 45 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING fix. And so I encourage you to do the programming and to let us know the areas that you're sampling with young people, how enthusiastically they join in, and what, if any, measurable change you're able to determine.
Teresa Youngblut, executive director, Northern Liberty's Neighbors Association.
Good morning. On behalf of the residents of Northern Liberty, I'm here to support Councilman Kenney's bill to amend curfew hours under these terms and conditions. This bill is necessary not only to protect our residences from crime, but also to protect the innocent children who may get caught in the cross fire. Unfortunately, you know, this is just a quick fix for this immediate holiday, so I look forward to the future bill on amending the curfew 46 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING generally.
Thank you. And, again, the purpose of this bill, so it's understood for the record, is to hopefully create an environment where parents will decide to keep their children in. There would be nothing wrong with spending a night with the family, maybe with a Blockbuster movie or something in the house together, as opposed to allowing children to roam on that particular evening. And, again, I don't want to mislead anyone to think that we're going through what Camden went through a number of years ago or Detroit or other cities. But it is kind of those minor aggravations of scraping that dry egg off your window in the morning that makes you not like where you're living. And so that's the purpose of giving the police just the kind of tool that will allow them to tell a child of 12 or 13 years of age that, you know, it's time to go home for the evening. So we appreciate you're coming in and giving us your opinion.
Thank you. 47 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC HEARING
Thank you very much. Is there anything else anyone from the committee would like to add? (No response.)
If not, that will conclude the testimony for this bill. - - - 48 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC MEETING
And the Chair recognizes Councilmember Cohen for a motion to approve his suggested amendment that he put forth.
Mr. Chairman, I move that the third "whereas" on be amended to eliminate on line 2 the words "some minors to commit. . . " And on line 3, to add, after the word "property" "to occur."
That will indicate that the acts of vandalism are not limited to being committed by juveniles.
Thank you very much. Do I hear a second? (Duly seconded.)
It's been moved and seconded. All in favor, aye? There are none opposed. The amendment that is proposed by Councilmember Cohen is accepted. The Chair recognizes Councilwoman Clark for a motion on the amended bill, with the rules suspension. 49 COMMITTEE ON RULES - BILL NO. 980712 - PUBLIC MEETING
Mr. Chairman, I move that we accept this bill as amended.
And further that the rules of Council be suspended so as to permit first consideration at the next stated meeting. (Duly seconded.)
It's been moved and seconded. All in favor, aye? There are none opposed. Bill No. 980712, as amended, will be reported out of this committee, with a favorable recommendation. And an additional request will be made for a rules suspension to allow for first-reading at today's Council session. Thank you very much for your attendance and thank you for your time. (Adjourned at 10:22 a.m.) - - - 50 C E R T I F I C A T E I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, October 22, 1998, were reported and accurately by me, and that this is a correct transcript of same. RE: COUNCIL COMMITTEE ON RULES BILL NO. 980712 __________________________________, JOSEPHINE CARDILLO, Registered Professional Reporter