BEREA — The city of Berea passed an ordinance Tuesday night imposing a curfew on citizens 17 and younger.

According to the new law, youths are prohibited from being in public from the hours of 1 to 6 a.m. Monday through Friday, and 1 to 6 a.m. Saturday and Sunday. Exceptions to the rule include youths who are in the company of a parent, guardian, legally authorized adult, in public within one hour of leaving a school or church function or their workplace.

The ordinance goes into effect upon publication in a local newspaper.

The law requires police to employ a tiered approach to enforce the curfew. Upon the first violation, the youth will be sent or taken home by an officer, and the violator’s parent or legal guardian will be provided with a copy of the ordinance and a written warning.

If a second violation occurs, the parent or guardian of said youth will be fined $100. If a third violation occurs, the parent or guardian will be summoned to Madison County District Court and subject to a fine of up to $500 and/or jail time of up to six months.

Some council members expressed concern that imposing a curfew on local youths may be too strict.

Truman Fields objected to parts of the ordinance, noting that Berea College students younger than 18 might be inconvenienced if they were stopped and questioned by police, while Glenn Jennings urged the council to see if other measures might work before imposing a curfew.

“I don’t feel right about going all the way with a curfew right now without giving other things time to take effect,” Jennings said. “I don’t like what this says about Berea.”

Mayor Steve Connelly defended the ordinance, noting the city had taken several steps in the past several months to address juvenile delinquency in the city.

Last summer, several residents complained about juveniles in the Burchwood Subdivision, telling police youths were staying out at all hours of the night, disturbing the peace, committing vandalism and sometimes standing in the middle of the street blocking traffic. Some of the youths reportedly were exhibiting gang-like behaviors as well, including tagging local buildings with spray paint graffiti and wearing what some have described as gang colors.

The city responded by supporting a Neighborhood Watch group, conducting public forums about the problems, stepping up police patrols, appointing a liaison to the neighborhood to maintain communication between police and citizens, sending city representatives to a Juvenile Delinquency Council and researching ways to enhance the city’s recreational facilities to better appeal to youths, according to Connelly.

The curfew is another piece of the puzzle in the city’s effort to address juvenile delinquency, Connelly said.

“It’s always just been seen as one tool to allow the city to respond,” Connelly said.

In addition to giving local police probable cause to question youths who are out after curfew hours, others suggested that most parents may be glad to be informed when their children are out late.

“There are parents who are going to come to the defense of their kids, right or wrong,” said Virgil Burnside. “But I think a lot of parents will be grateful to be informed if they didn’t know their kids were out.”

Denise Hagan said the ordinance also serves to put a select few parents on notice that they can’t willfully neglect their children.

“The purpose of the curfew is to give police some enforcement powers,” Hagan said. “We know that 98-95 percent of the kids won’t be affected by this.”

When the vote was cast, Burnside, Chester Powell, Vi Farmer, Greg Lakes, Howard Baker and Hagan voted for the ordinance. Jennings and Fields voted against it.

In other business, the council:

· Passed an ordinance approving a zone change for property owned by Donna Goosey and Ben McKinney on 241-253 Chapel Road from R-1 residential to Agriculture. The 6-acre tract was zoned residential during the creation of the city’s Land Use Map. The owners want it changed back so they can put a trailer on the front of the property.

· Heard the first reading of an ordinance authorizing the transfer of a Berea police cruiser to the Madison County Sheriff’s Department.

· Adopted a resolution in support of a Bikeways grant that will fund the construction of a walkway through Berea City Park to Walnut Meadow Road.

· Accepted suggestions for revisions to the Berea Strategic Plan, which will be submitted for final review at the next council meeting.

· Adopted a resolution congratulating J.T. Gilbert as being the longest-serving city attorney in the history of Berea. Gilbert has served for 32 years as of this week.

· Accepted the appointment of Chasity Pearson as an assistant in the Codes Enforcement Department.