C.R. Nelson’s sense of humor usually provides some of the lighter moments during Andover’s city council meetings. That was the case yet again this week, when the Councilman brought up a public urination ordinance.
Nelson was told it wasn’t yet time to address that ordinance. “Sorry,” Nelson said. “As usual, I will do my best to hold it.”
That led to a few snickers, and there was a minute or two when mayor Ben Lawrence was trying so hard not to laugh he was unable to speak. But when the ordinance finally came up on the agenda, it was no laughing matter. Nelson made a motion to have the ordinance reworded by the city attorney with some leeway toward private golf courses. His reasoning was it was unrealistic to think the Andover police would come running every time a golfer relieved himself.
Caroline Hale of the City Council said she thought people would take advantage if the ordinance was reworded, and didn’t share Nelson’s concerns about wasting the time of the police. “I don’t think they’re going to be going out to enforce the golfers, who are hopefully hidden … if they’re doing something like this,” Hale said. “On the other hand, if there was someone on a golf course who was up close to a clubhouse or something in real public view, and maybe their behavior was affected by drinking or something anyway, that they would be saved because of that ordinance. … I think it’s common sense.”
Responded Nelson: “I appreciate the common sense the city has and I expect that to remain. However, I cannot think of a worse decision by a city council to pass an ordinance because it won’t be enforced.” J.R. Jessen of the Council, who is a golfer, then joined in.
“My thought process here is that it would be private golf courses,” he said. “In public golf courses you could get someone walking in someone’s backyard …. Private golf courses people have more respect than on public golf courses.”
Council member Julie Reams had a quick response, “Not when they’re drunk,” she said. “With all due respect, they don’t care where they are. They’ll pee wherever.”
Said Nelson: “Is this the liquor license statute? What are we talking about here? … It has nothing to do with alcohol.”
When it came to a vote, Nelson and Jessen voted to change the ordinance, while Hale, Reams and Sheri Geisler voted to keep it the way it was written. (Councilman Dave Tingley was not there.) Because it needed four votes to pass, Lawrence was asked to vote, he sided with the women, and the ordinance passed 4-2. “Sorry guys,” Lawrence said. “I do understand your point. … But my mother would kill me.”
“The reality is that both men and women will relieve themselves when necessary on a golf course whether they drink or not,” Nelson said. “I hate to get a law on the books where an overreation could occur. I know some people who can’t wait to find a violation of the law so they can call the cops, and here we go. What does a police officer do? In my opinion, he can’t ignore it. … I think there’s a tendency to say that anybody who has enough time to play golf – something bad ought to happen to them. The reality is a lot of people play golf and it’s a four to five hour program and (restrooms) aren’t available.”
Andover Police Chief Mike Keller said there hasn’t really been a problem with public urination – or window peeping, which was on the same ordinance. “We were just cleaning up a mistake that was made probably several years and ago and get it on the books,” Keller said. “I didn’t anticipate this kind of discussion. But I think it was good discussion. I think all the city council members made some good points. We don’t want have an ordinance that’s going to put an officer in a position where they have to make a choice. Either it’s illegal or legal. But police officers use discretion all the time on what the intent of the law is.”
SOURCE: Andover Scoofire
