RPD Lieutenant John Beazley is in charge of the area.
“Inside a club you might have 150, 200 people,” he said. “Outside on the streets you might have 1000 or 1500 people. So the problem that was being caused inside is really minimal when you compare to what could happen outside.”
via nbc12.com Laura Geller.
“It’s very frustrating,” Nicholson said. “Even something that doesn’t have anything to do with us is going to affect our business, as well as everybody else’s down here.”
via nbc12.com Laura Geller.
Council Member Charles Samuels’ statement prior to adoption of the Dance Hall ordinance:
September 7, 2010
The Honorable City Council
City of Richmond
900 E. Broad St., Suite 200
Richmond, VA 23219 USA
Re: Amended Ordinance 2010-113 Regulation of Dance Halls
Dear Honorable Members of Council ,
Regarding the dance hall ordinance, lawyers Benjamin and Samuels have created a 3,400-word bloated mess. Only 171 words relate to activity outside the building. Most of the remaining 95% of their ordinance is unnecessary or unenforceable. At least 20 provisions may be unlawful.
What provision in the Benjamin-Samuels ordinance will reduce off-site misbehavior?
Sincerely yours,
C. Wayne Taylor
www.cwaynetaylor.wordpress.com
Links:
http://cwaynetaylor.wordpress.com/category/city-council/members/2nd-samuels-c/dance-hall-ordinance/
Dance Halls – Letter to City Attorney
Dance Halls – Letter to Chief Administrative Officer
Dance Halls – Reply From Chief Administrative Officer
Dance Halls – Reply From City Attorney’s Office
Dillion Rule – Law
Dillion Rule – Model Decision
Shootings June 1 to September 7 – List
Shootings June 1 to September 7 – Map
Essential to a well managed government is that information flows freely from both the citizens to the government and from the government to the citizens. Moreover, citizens expect and deserve a responsive government.
–Mayor Dwight Jones
www.cwaynetaylor.wordpress.com/freedom-of-information
Summary of shootings reported in local press:
1 June 07, 2010 – East End – Richmond police are investigating a shooting that resulted in a man being hospitalized with injuries that were described as not life-threatening. Detectives were trying to determine exactly where the shooting occurred; they believed it was somewhere in the city’s East End.
2 June 11, 2010 – North Richmond – A man was hospitalized after being shot in the head during a fight with another man in North Richmond late last night.
3 June 18, 2010 – Hillside Court – Richmond police were called to the Hillside Court public-housing project this morning for a report of a man shot during a robbery.
4 June 23, 2010 – East End – A man was seriously wounded in a shooting this morning in Richmond’s East End.
5 June 28, 2010 – North Richmond – An 18-year-old man was arrested on charges he shot and injured a juvenile yesterday in North Richmond. The 17-year-old victim, shot in the right side and the lower left leg.
6 June 28, 2010 – Northside – A 14-year-old boy was shot twice in the stomach this evening during a “neighborhood dispute” with another male in Richmond’s Northside, police said.
7 June 30, 2010 – South Richmond -A man was found shot and seriously injured outside a South Richmond elementary school this morning.
8 July 01, 2010 – Jefferson Davis Highway – A young woman was accidentally shot in a restaurant parking lot in the 3200 block of Jefferson Davis Highway this afternoon by a teenage male she knew, Richmond police said.
9 July 01, 2010 – South Richmond – A South Richmond man was in the hospital tonight with life-threatening injuries after being shot about 6 p.m. during an apparent robbery, and a suspect was arrested minutes later.
10 July 03, 2010 – Old Brook Road – Richmond police Saturday morning were looking for a suspect in a shooting in apartments in the 4900 block of Old Brook Road.
11 July 05, 2010 – Gilpin Court – A call reporting random gunfire led police to five shooting victims at a public-housing complex just north of downtown late Saturday, Richmond police said yesterday. Police were alerted at approximately 10:25 p.m. about shooting at St. John and Federal streets in Gilpin Court. Officers found five people with gunshot wounds within two blocks.
12 July 06, 2010 – North Richmond – Richmond robbery victims later chased and exchanged gunfire with men they believed to be the suspects. No injuries were reported. Kiniry said the chain of events began at 11:24 p.m. when three men sitting on a porch in the 3100 block of Griffin Avenue in North Richmond were confronted by two men wearing ski masks and toting handguns. The suspects robbed the men on the porch and stole one of their cars, Kiniry said.
13 July 11, 2010 – East Clay Street – Police Capt. Paul Kiniry said a 28-year-old man was shot in the buttocks around 9 p.m. at in the 400 block of East Clay Street.
14 July 14, 2010 – East End – A 46-year-old man was found fatally shot this morning in his home in the Whitcomb Court area of Richmond’s East End.
15 July 18, 2010 – East End – One man was killed and another wounded in an early-morning shooting in east Richmond. Richmond police responded to a call around 12:38 a.m. in the 700 block of North 35th Street. Police spokesman James Mercante said officers found one male dead from a gunshot wound.
16 July 19, 2010 – Chamberlayne Avenue – Police responded to a call of random gunfire at 10:13 p.m. in the 500 block of Chamberlayne Avenue, and officers found a driver suffering from a gunshot wound.
17 July 20, 2010 – Belvidere and Marshall – Richmond police said that the victim of a shooting Sunday night was an innocent bystander. William O. Ennis III, 29, of Ashland, was driving a Honda Accord near Belvidere and Marshall streets when he stopped at a traffic light, according to his father. (Ennis died at VCU Medical Center.)
18 July 21, 2010 – Jennie Scher Road – Police spokeswoman Karla Peters said officers responded at 2:27 a.m. yesterday to a call of a person down inside a unit in the 1300 block of Jennie Scher Road, at the Woodcroft Village apartments. Shamarl O. Whittaker, 22, of the 1300 block of Jennie Scher was declared dead at the scene. Peters said Whittaker had multiple gunshot wounds.
19 July 27, 2010 – South Richmond – Two males were shot yesterday as they were walking near 17th Street and Ingram Avenue in South Richmond, police said. The victims, who weren’t identified, suffered non-life-threatening injuries and were taken to VCU Medical Center for treatment. Details of the 3:05 p.m. shooting were sketchy, but police said they were looking for a single assailant
20 deleted
21 July 29, 2010 – Chimborazo Boulevard – 10:53 a.m. 1000 block of Chimborazo Boulevard A male reported he was shot by a known female. His injuries are not life-threatening. An arrest was made.
22 July 29, 2010 – Clarkson Road – 6:57 p.m. 1400 block of Clarkson Road A teenage male reported he was shot by an unknown person. His injuries are not life-threatening.
23 August 7, 2010 – Lombardy and Cary – Police have detained an underage male suspect in connection to a shooting that sent a young woman to the hospital. It happened around 5:00 Saturday morning near Lombardy and Cary St.
24 August 11, 2010 – Redd Street – A man said he was shot about 1:55 a.m. in the 1900 block of Redd Street by someone who got out of a dark-colored vehicle.
25 August 11, 2010 – Bramwell Road – A man was found dead in a blue sedan that apparently was driven into the Food Lion parking lot in the 5600 block of Hull Street Road late last night, Richmond police report. Police believe the incident started as an attempted robbery several blocks away on Bramwell Road, police spokesman James Mercante said early this morning. Police received reports of shots being fired just before 10 p.m. in the 800 block of Bramwell near Warwick Road, Mercante said, after which the car apparently was driven off down Hull Street.
26 August 11, 2010 – Cliff Avenue -Richmond police are conducting a death investigation after finding a body in a home in the 3200 block Cliff Avenue in North Richmond. Someone found the body in the home and notified police around 6:30 p.m. today, according to James Mercante, Richmond police spokesman. Police say the victim appears to have died of a gunshot wound. The victim appears to be a black male in his late 20s or early 30s, Mercante said.
27 August 20, 2010 – Garber Street – The body of Marcel Lamar Davidson, 20, of the 1800 block of Thomas Street, was found facedown in the yard of a home in the 1300 block of Garber Street at 4:02 a.m.
28 August 20, 2010 – Williamsburg Road – A man in his late 20s was shot in the leg at a residence in the 1400 block of Williamsburg Road at around 11PM on Friday night as the result of a domestic dispute.
29 August 28, 2010 – Montrose Avenue – Two men and a woman were being treated for non-life-threatening wounds after shootings in North Side last night, Richmond police said. Police responded to a call in the 2900 block of Montrose Avenue at 10:09 p.m., said Richmond police Capt. Michael Snawder.
30 August 30, 2010 – Saint Pauls Road – Police received a call about 9:20 p.m. about a juvenile female being shot in the back in the 1100 block of Saint Pauls Road. When they arrived, they found the victim conscious and breathing, according to police radio reports. She was taken to VCU Medical Center for treatment with non-life threatening injuries, a police spokesman said. Authorities received reports of at least two juvenile males shooting guns while riding bicycles in the area. Police were canvassing the neighborhood.
31 September 6, 2010 – Barton Avenue – Police are investigating a shooting that left one man injured last night in the 3000 block of Barton Avenue in North Richmond. A 25-year-old man told police he was leaving a convenience store at 9:04 p.m. when he heard tires squealing and gunshots, so he hurriedly jumped in his friend’s car, at which point he realized he had been shot.
The Dillon Rule of strict construction is applicable to determine in the first instance, from express words or by implication, whether a power exists at all. If the power cannot be found, the inquiry is at an end.
The general rule is that the powers of a municipal corporation are to be strictly construed and, if there is a reasonable doubt as to the existence of a particular power, the doubt is to be resolved against its existence.
Plausible discussion:
§ 15.2-912.3. Regulation of dance halls by counties, cities and towns.
Speaker #1: I think we should pass a law specifying how local governments are allowed to regulate public dance halls. I propose the following:
Any locality may by ordinance regulate public dance halls in such locality, and prescribe punishment for violation of such ordinance not to exceed that prescribed for a Class 3 misdemeanor.
Speaker #2: I agree. But, I think the proposal is too restrictive on local governments. I think local governments should be allowed to close down a public dance hall if it continues to operate in ways that violate the ordinance too often. I propose that we add the following sentence:
Such ordinance shall prescribe for: (i) the requirements for approval of permits to operate public dance halls, grounds for revocation and procedure for revocation of such permits; and (ii) a license tax not to exceed $600 on every person operating or conducting any such dance hall.
Speaker #3: I am opposed to requirements for the approval of permits. We are discussing regulating public dance halls–not who is allowed to operate one. I propose the following sentence:
Such ordinance shall prescribe for: (i) the requirements for approval of permits to operate public dance halls, grounds for revocation and procedure for revocation of such permits; and (ii) a license tax not to exceed $600 on every person operating or conducting any such dance hall.
Speaker #4: I agree that we are discussing the operation and not the operator. However, the sentence must refer to the issuance of a permit before it refers to revoking one. I propose the following sentence:
Such ordinance shall prescribe for: (i) the issuance of permits to operate public dance halls, grounds for revocation and procedure for revocation of such permits; and (ii) a license tax not to exceed $600 on every person operating or conducting any such dance hall.
Speaker #5: Since we are proposing allowing Class 3 penalties, we should require that the rules must be in the ordinance. I propose the following sentence:
Such ordinance shall prescribe for: (i) the issuance of permits to operate public dance halls, grounds for revocation and procedure for revocation of such permits; and (ii) a license tax not to exceed $600 on every person operating or conducting any such dance hall . ; and (iii) rules and regulations for the operation of such dance halls.
Speaker #6: I want to walk through what we have. Any person can get a permit for a public dance hall. The risk of a conviction keeps most permit holders in line. If a permit holder is not convicted of a violation, he keeps operating. If he gets a few convictions, the penalties hurt and he risks more serious consequences if he’s not more careful. If he gets to many convictions, as specified in the local ordinance, his permit is revoked. And, the ordinance has to specify the revocation process—the person who is responsible for administering the process, notice to the permit holder, etc. Right?
.
_________________________
v.
CITY OF _________________
[FACTS OMITTED]
ANALYSIS
The issue we decide is whether the General Assembly expressly and/or impliedly authorized localities to [omitted]. This issue is one of law, which we review de novo.
Contrary to the City’s argument that the ordinance at issue, as the legislative enactment of a locality, must be presumed valid unless proven to be clearly unreasonable, arbitrary, or capricious, the Dillon Rule is applicable to determine in the first instance, from express words or by implication, whether a power exists at all. If the power cannot be found, the inquiry is at an end.
The Dillon Rule provides that municipal corporations have only those powers that are expressly granted, those necessarily or fairly implied from expressly granted powers, and those that are essential and indispensable. This is so because a municipal corporation has no element of sovereignty. It is a mere local agency of the state, having no other powers than such as are clearly and unmistakably granted by the law-making power. Thus, if there is a reasonable doubt whether legislative power exists, the doubt must be resolved against the local governing body.
In applying the Dillon Rule, we first examine the plain terms of the legislative enactment to determine whether the General Assembly expressly granted a particular power to the municipal corporation. If the power is not expressly granted, we then determine whether the power is necessarily or fairly implied from the powers expressly granted by the statute. To imply a particular power from a power expressly granted, it must be found that the legislature intended that the grant of the express also would confer the implied. Questions concerning implied legislative authority of a local governing body are resolved by analyzing the legislative intent of the General Assembly. Legislative intent is determined from the plain meaning of the words used. We determine the General Assembly’s intent from the words employed in the statutes. Thus, the central focus of our analysis in applying the Dillon Rule is to ascertain and give effect to the General Assembly’s intent in enacting the provisions.
With these principles in mind, we proceed to the question before us: [omitted]. The General Assembly expressly authorized counties, cities, and towns “[omitted]“. Code § [omitted]. [Analysis omitted] Thus, we conclude the General Assembly expressly authorized localities to [omitted].
[Review of ordinance]
The foregoing review demonstrates that the General Assembly neither expressly nor impliedly granted localities the authority to [omitted].
Accordingly, the City’s ordinance is void.
See, Marble Technologies v. City of Hampton 2010 WL 653141 (Va. 02/25/2010).
Supreme Court of Virginia – Record No. 090043
Thu, August 5, 2010 11:35:24 AM
From: “Seitz, David – City Attorney” <David.Seitz@richmondgov.com>
To: cwaynetaylorIn the City Attorney’s absence, I will expand on his previous response. By Charter Section 4.17 and City Code Section 2-131, the Office of the City Attorney provides legal advice and assistance only to the Mayor, City Council and City agencies, departments and employees.
David W. Seitz
Deputy City Attorney
900 E. Broad St., Room 300
804-646-1234
Thu, August 5, 2010 6:30:40 AM
From: “Marshall, Byron C. – CAO” <Byron.Marshall@richmondgov.com>
To: cwaynetaylorMr. Taylor,
The City Attorney is the legal advisor and Counsel for the City of Richmond and reports directly to the City Council. As such, I must rely on that office to speak to purely legal matters such as those you raise in your email to me.
I will contact that office today regarding the questions you have posed and encourage a timely response to you..
Sincerely,
Byron C. Marshall
