H20Advantage
07-19-2006, 06:04 AM
Pair arrested under new rule released...Folks please stay tuned for the next episode of, As the world turns around Havasu. :p :p
BY MICHAEL HAYS
Tuesday, July 18, 2006 10:34 PM MDT
There has been some confusion in Lake Havasu City over the exact enforceable date of a new ordinance, resulting in the dropping of charges against two men.
As reported Tuesday, police arrested two people this past weekend under the new ordinance entitled Offensive Conduct in Public Places, one for urinating on a car and the other for using offensive gestures and language while intoxicated.
The major problem with those arrests is the ordinance was not to take effect until 30 days after its official public posting - a time that has not arrived yet.
The ordinance, voted for by all seven members of City Council, will apply to all public places, not just Bridgewater Channel and Lake Havasu. It essentially will give officers greater flexibility with arresting people under a single city ordinance. Indecent exposure, public intoxication, violent acts, and abusive or obscene language all fall under this law.
According to both Charlie Cassens, city spokesman, and the City Clerk's office, the ordinance will take effect August 18, which will be 30 days after posting.
In a memo circulated to media outlets, Cassens writes, Regrettably, the officers were unaware of the delay in the effective date of the ordinance, and made the arrests citing a section of the Code that had been formally adopted by City Council [on July 11], but had not yet taken effect. Although both of the offenses could have been charged under other provisions of the Code, the charges will be withdrawn because they were charged under a currently invalid Section.Charges against the two men will not be re-filed under already existing laws, said Captain Carl Peterson of the Lake Havasu City Police Department.
Joaquin Mendoza, 28, of Los Angeles, was charged under the new ordinance for allegedly urinated on a car on the 1400 block of Queens Bay.
Early Monday morning, police arrested Brian Bilodeau, 23, of Lake Havasu City under the new ordinance for allegedly using offensive gestures and language while intoxicated, at a bar on McCulloch Boulevard.
The new ordinance reads, in part, prohibiting individuals who are intoxicated, and/or who are violent, seriously disruptive, unreasonably loud, or who utter abusive, obscene or offensive language, or engage in indecent exposure, remaining in any public place.
Mayor Harvey Jackson, speaking at the July 11 council meeting when the ordinance passed, said, Its practical use is to intercept people before they may violate state statute.
Violators could be charged with a Class 1 misdemeanor - the highest degree of misdemeanor - punishable with a fine up to $2,500 and/or a prison sentence not to exceed six months. The impetus behind the new ordinance can be traced back to Memorial Day weekend. During a May 30 meeting, Police Chief Dan Doyle told councilmembers that the officers' job would be easier if the groups causing problems and inciting others could be forced to leave the area.
On Tuesday, police reports reveled a third arrest on the not-yet-effective ordinance. Chris Bardett, 23, of Lake Havasu City, allegedly yelled and banged on a front door of a residence on Arapaho Drive while intoxicated Monday. Police later found Bardett to be in possession of drug paraphernalia. Section 9.12.070, Offenses in Public Places is cited in the arrest report.
It is not known at this time if his charge will be dropped as well.
BY MICHAEL HAYS
Tuesday, July 18, 2006 10:34 PM MDT
There has been some confusion in Lake Havasu City over the exact enforceable date of a new ordinance, resulting in the dropping of charges against two men.
As reported Tuesday, police arrested two people this past weekend under the new ordinance entitled Offensive Conduct in Public Places, one for urinating on a car and the other for using offensive gestures and language while intoxicated.
The major problem with those arrests is the ordinance was not to take effect until 30 days after its official public posting - a time that has not arrived yet.
The ordinance, voted for by all seven members of City Council, will apply to all public places, not just Bridgewater Channel and Lake Havasu. It essentially will give officers greater flexibility with arresting people under a single city ordinance. Indecent exposure, public intoxication, violent acts, and abusive or obscene language all fall under this law.
According to both Charlie Cassens, city spokesman, and the City Clerk's office, the ordinance will take effect August 18, which will be 30 days after posting.
In a memo circulated to media outlets, Cassens writes, Regrettably, the officers were unaware of the delay in the effective date of the ordinance, and made the arrests citing a section of the Code that had been formally adopted by City Council [on July 11], but had not yet taken effect. Although both of the offenses could have been charged under other provisions of the Code, the charges will be withdrawn because they were charged under a currently invalid Section.Charges against the two men will not be re-filed under already existing laws, said Captain Carl Peterson of the Lake Havasu City Police Department.
Joaquin Mendoza, 28, of Los Angeles, was charged under the new ordinance for allegedly urinated on a car on the 1400 block of Queens Bay.
Early Monday morning, police arrested Brian Bilodeau, 23, of Lake Havasu City under the new ordinance for allegedly using offensive gestures and language while intoxicated, at a bar on McCulloch Boulevard.
The new ordinance reads, in part, prohibiting individuals who are intoxicated, and/or who are violent, seriously disruptive, unreasonably loud, or who utter abusive, obscene or offensive language, or engage in indecent exposure, remaining in any public place.
Mayor Harvey Jackson, speaking at the July 11 council meeting when the ordinance passed, said, Its practical use is to intercept people before they may violate state statute.
Violators could be charged with a Class 1 misdemeanor - the highest degree of misdemeanor - punishable with a fine up to $2,500 and/or a prison sentence not to exceed six months. The impetus behind the new ordinance can be traced back to Memorial Day weekend. During a May 30 meeting, Police Chief Dan Doyle told councilmembers that the officers' job would be easier if the groups causing problems and inciting others could be forced to leave the area.
On Tuesday, police reports reveled a third arrest on the not-yet-effective ordinance. Chris Bardett, 23, of Lake Havasu City, allegedly yelled and banged on a front door of a residence on Arapaho Drive while intoxicated Monday. Police later found Bardett to be in possession of drug paraphernalia. Section 9.12.070, Offenses in Public Places is cited in the arrest report.
It is not known at this time if his charge will be dropped as well.