Cobb County Police PENS Program

PENS (Police Email Notification System)

In late summer and early fall of 2006, Precinct 4 was suffering from a large number of car break-ins, officially called Entering Auto in the Georgia Criminal Code.

A significant number of the Entering Auto reports indicated that the incidents were occurring in single family residential areas where the owners were leaving the vehicles parked in their driveway with valuables inside and the vehicles unlocked. This was allowing theft perpetrators to simply walk through the neighborhoods undetected at night open the unlocked vehicles and take whatever had been left in the vehicle. We recognized that in the East Cobb area we had an opportunity to get this information along with Crime Prevention tips to our community through the tremendous network of East Cobb Homeowners Associations.

After several initial meetings with Homeowner Association (HOA) representatives and building an initial email distribution list, the pilot Precinct 4 PENS project was established. We began providing Crime Trends, Crime Prevention, Crime Updates and Statistics to our HOA representatives for them to share with their respective communities. They in turn had a pipeline directly to Precinct 4 for questions and answers.

The project has now grown to include residential communities, East Cobb business leaders and the PENS web site which allows us to provide this information to anyone linking to the web site. The links to the left of the PENS Home Page will provide you with archived information. The PENS Dispatch will contain current events. We hope you find this to be an informative Law Enforcement resource. I'm sure you will also find a little humor from time to time. Thank you for your interest in the PENS program.

Objective of the Project

The establishment of e-mail contact with official representatives of East Cobb HOA's and business leaders to facilitate direct two way communication between Precinct 4 and the community on matters of safety and security.

From the Police to the HOA's / Businesses:

Public Information Releases as they pertain to East Cobb
BOLO (Be On Look Out) information
Crime Updates
Information on Crime Trends and Crime Prevention
Rumor Control

From the HOA's / Businesses to the Police:

Observed suspicious persons or activity information
Questions on Safety, Security and Crime Prevention
To establish geographical location of the HOA's and businesses for dissemination of crime information specific to their area.
To establish regular meetings between Precinct 4 and PENS representatives to discuss this project, crime prevention and crime trends.
To promote and coordinate this project with the CCPD Neighborhood Watch Program.

Neighborhood Watch Coordinator- Officer Rick Cord- 770-499-3909

Total restriction of two way communication between Precinct 4 and the recognized official PENS representatives is imperative to control excessive emails. Email overload will place this project in peril. Please do not share our email address with anyone not recognized by our list . Our PENS representatives will be asked to serve as the point of communication between Precinct 4 and the community.

QUESTIONS AND REQUESTS TO PARTICIPATE IN THE PROJECT MAY BE DIRECTED TO:

Lt Mark Chenoweth: 770-499-4521 Lt Dan Casey: 770-499-4404 Lt David Ellis: 770-499-4401

Your Q's, Our A's

December 2007

Q-

How do you do a background check on a person? There is a young woman advertising for babysitting in the neighborhood and it just occurred to me I know nothing about her. She's 24.

Is the only way to use something like Intelius?

A-

If you should choose to use the sitter for her services, then you can request that she supply you with a full background check for employment purposes. These documents can be obtained at our headquarters at 140 North Marietta Pkwy by the person in question (anyone can get their own background) or by a potential employer who has a valid signed waiver. There is a fee involved but I am not sure what it may be.

July 2007

Q-

Despite 16 years of telling him it's a very bad thing to do, my 16 year old son has started smoking. He and his friends get their supplies at a shop close to their school. If I provided the name and location of the business would it be possible for you to investigate the sale of tobacco products to minors? I realize this won't stop my son from smoking, but I nevertheless plan to make it as difficult as possible for him and, honestly, I find the sale of cigarettes to minors despicable.

A-

The investigation of sales of tobacco to minors falls under the jurisdiction of the Georgia Department of Revenue, Alcohol and Tobacco Division. A Cobb County Police Officer has the aurthority to cite a business if they have direct knowledge of an unlawful sale. Any investigation or sting operation would be handled by The Department of Revenue. They can be contacted -

Department of Revenue
Alcohol and Tobacco Division
770-732-5831

June 2007

Q-

Me and my family will be traveling for the next 2 weeks. Can we set up some sort of police drive-by or something? I thought I remembered hearing about something like that and since it's such a long time to be away, I thought I should look into it.

Can we order special attention when away from home?

A-

Yes you can. It is called a Residence Check. The homeowner only needs to call the precinct desk officer and request a Residence Check while they are on vacation. A card containing certain information will be completed and given to the appropriate beat officers for them to check on the residence while the owner is away.

Q-

I am curious to know what the regulations are on people setting off fireworks. With 7/4 coming up it is inevitable that we will begin to hear the "pop,pop,pop". It is troublesome to most East Cobb neighbors including me. It is particularly upsetting to our dogs. In the past I have called the police to complain. What are the rules? Is there any possibility that all fireworks could be banned due to the drought? Whatever information you can provide on this would be sincerely appreciated. Thank you for all that you do to keep us safe in East Cobb!

A-

I have talked with the Fire Marshall for Cobb County and he advised that there is no ban on licensed and approved public fireworks displays this year in unincorporated Cobb County. They ARE strongly discouraging private use of fireworks and recommend that everyone go to a properly licensed and approved public display. Most fireworks in the State of Georgia are illegal except handheld sparklers or those that remain on the ground. Firecrackers, torpedoes, sky rockets, roman candles and any type bomb are specifically illegal. Should you see or hear fireworks 9-1-1 is the appropriate number to call. Hope this answers your question.

The Fire Marshall emphasized that they STRONGLY discourage the use of personal fireworks due to safety and fire concerns. Please keep in mind that fireworks are very dangerous and we are currently in a drought making them an extreme fire hazard. Please be safe.
Lt Chenoweth

May 2007

Q-

I was forwarded the following and wanted to know if you had heard anything....

"I have been alerted by one of our EMT's for our volunteer fire
department that they have received emails from emergency responder
organizations to be on the lookout for a new form of crystalized
methamphetamine that is targeted at children and to be aware of this new
form if called to an emergency involving a child that may have symptoms
of drug induction or overdose.

They are calling this new form of meth "Strawberry Quick" and it looks
like the "Pop Rocks" candy that sizzle in your mouth. In its current
form, it is dark pink in color and has a strawberry scent to it.

Please advise your children and their friends and other students not to
accept candy from strangers as this is obviously an attempt to seduce
children into drug use. They also need to be cautious in accepting candy
from even friends that may have received it from someone else, thinking
it is just candy.

I don't want this email to scare anyone, but as a parent, administrator
and friend, I thought it would be best to share this with you, so you
can once again talk to your children about the effects of drugs and how
easy it could be to take drugs without knowing it, until it is too late.

I worry, just as each of you do about kids and drugs and all the
problems our kids today are faced with. So please talk with your
children about this newest threat to get children addicted to drugs.

A-

From Major Koehler-

It’s not a new drug, it is methamphetamine. However, in the cooking process, illicit cooks are adding in flavorings and coloring to market the drug to younger clientele. The drink mix is cooked into the pseudo-ephedrine, which provides coloring, aroma and somewhat minimizes the tart taste. It is still Meth! It has already hit the west coast and into the mid-western states. It is headed this way.
They are targeting younger people to add customer base. We have only seen this a couple of times in Cobb County, but as the media picks it up, it will surely increase. Anyone interested can check the web. We want people educated and alert, but not frightened.

Lt Chenoweth

Q-

Hello Lieutenant,

Last night you said there is a local contact for homeland type security concerns. What number or email can my friend contact you at for that information?

Also, can you tell me if there is an evening noise ordinance? A day noise ordinance?

A-

The local Homeland Security contact is Corporal Kevin Ashbaugh at 770-499-4566.

Yes there are Noise Ordinances. Below is the Cobb County Noise Ordinance

Lt Chenoweth

Article VII: Noise
*Cross references: Offenses and miscellaneous provisions, ch. 86.
________________________________________
Sec. 50-256. Violations and penalty.
(a)   It shall be unlawful and punishable as provided in section 1-10 for any person within the unincorporated areas of the county to violate any of the provisions of this article.
(b)   It shall be unlawful for any person to make, continue or cause to be made or continued any loud, disturbing or unnecessary noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others in the unincorporated areas of the county.
(Ord. of 10-12-82, § 2(a); Code 1977, § 3-18.5-2; Ord. of 7-27-04)
________________________________________
Sec. 50-257. Enumeration of prohibited noises.
The following acts are declared to be loud, disturbing and unnecessary noises in violation of this article; but this enumeration shall not be deemed to be exclusive:
(1)   Horns, signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place in the unincorporated areas of the county, except as a danger warning; the creation of any unreasonably loud or harsh sound by means of any signaling device and the sounding of any device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust and the use of any signaling device when traffic is for any reason held up.
(2)   Radios, phonographs, musical instruments. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with a volume louder than necessary for the convenient hearing of a person, not hearing impaired, who is within 40 feet of the device if outdoors, or in the room, vehicle or chamber in which the machine or device is operated, and who is a voluntary listener thereto. The operation of any set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in a manner as to be plainly audible at a distance of 50 feet from the device if outdoors, or 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this article.
(3)   Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure. Announcements over loudspeakers can only be made by the announcer in person and without the aid of any mechanical device.
(4)   Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place, so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence or of any persons in the vicinity.
(5)   Animals, birds. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity. This section shall not apply to horses, livestock, poultry or other farm animals, provided they are maintained in accordance with county zoning regulations or ordinances.
(6)   Exhausts. The discharge into the open air of the exhaust of any steam engine, internal-combustion engine or motorboat except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(7)   Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
(8)   Construction or repair of buildings. The erection (including excavation), demolition, alteration or repair of any building, as well as the operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, electric saws, drills or any other equipment attended by loud or unusual noise, other than between the hours of 7:00 a.m. and 9:00 p.m., Monday through Saturday.
(9)   Streets adjacent to schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while in use, or adjacent to any hospital, which unreasonably interferes with the normal operation of that institution, or which disturbs or unduly annoys patients in the hospitals, provided that conspicuous signs are displayed in those streets indicating a school, hospital or court street.
(10)   Hawkers, peddlers, vendors. The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood.
(11)   Noises to attract attention. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.
(12)   Blowers. The operation of any noise-creating blower or power fan or any internal-combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from the blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden the noise.
(13)   Sound trucks. The use of mechanical loudspeakers or amplifiers on trucks or other moving or standing vehicles during hours and in places and with such volume as would constitute this use as a public nuisance; provided, that the provisions of this section shall not apply to or be enforced against:
a.   Any vehicle in the unincorporated areas of the county while engaged in necessary public business.
b.   Excavations or repairs of streets by or on behalf of the city, county or state at night when public welfare and convenience renders it impossible to perform such work during the day.
c.   The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character.
(14)   Motorcycles, go-carts and other motor vehicles. The operation of a motorcycle, motorized scooter, go-cart or other motorized vehicle in a manner which creates excessive noise, including the continuous riding of any such vehicle past, around or near an inhabited dwelling place so as to disturb or unduly annoy its inhabitants.
(Ord. of 10-12-82, § 2(b); Code 1977, § 3-18.5-3; Ord. of 9-10-02; Ord. of 7-27-04)
State law references: Limits on volume of mechanical sound making devices located within motor vehicles, O.C.G.A. § 40-6-14; motor vehicle mufflers, O.C.G.A. § 40-8-71; boat mufflers, O.C.G.A. § 52-7-10.
The following acts are declared to be loud, disturbing and unnecessary noises in violation of this article; but this enumeration shall not be deemed to be exclusive:
(1)   Horns, signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place in the unincorporated areas of the county, except as a danger warning; the creation of any unreasonably loud or harsh sound by means of any signaling device and the sounding of any device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust and the use of any signaling device when traffic is for any reason held up.
(2)   Radios, phonographs, musical instruments. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with a volume louder than necessary for the convenient hearing of the person who is in the room, vehicle or chamber in which the machine or device is operated, and who is a voluntary listener thereto. The operation of any set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this article.
(3)   Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure. Announcements over loudspeakers can only be made by the announcer in person and without the aid of any mechanical device.
(4)   Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place, so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence or of any persons in the vicinity.
(5)   Animals, birds. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity. This section shall not apply to horses, livestock, poultry or other farm animals, provided they are maintained in accordance with county zoning regulations or ordinances.
(6)   Exhausts. The discharge into the open air of the exhaust of any steam engine, internal-combustion engine or motorboat except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(7)   Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
(8)   Construction or repair of buildings. The erection (including excavation), demolition, alteration or repair of any building, as well as the operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, electric saws, drills or any other equipment attended by loud or unusual noise, other than between the hours of 7:00 a.m. and 9:00 p.m., Monday through Saturday.
(9)   Streets adjacent to schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while in use, or adjacent to any hospital, which unreasonably interferes with the normal operation of that institution, or which disturbs or unduly annoys patients in the hospitals, provided that conspicuous signs are displayed in those streets indicating a school, hospital or court street.
(10)   Hawkers, peddlers, vendors. The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood.
(11)   Noises to attract attention. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.
(12)   Blowers. The operation of any noise-creating blower or power fan or any internal-combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from the blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden the noise.
(13)   Sound trucks. The use of mechanical loudspeakers or amplifiers on trucks or other moving or standing vehicles during hours and in places and with such volume as would constitute this use as a public nuisance; provided, that the provisions of this section shall not apply to or be enforced against:
a.   Any vehicle in the unincorporated areas of the county while engaged in necessary public business.
b.   Excavations or repairs of streets by or on behalf of the city, county or state at night when public welfare and convenience renders it impossible to perform such work during the day.
c.   The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character.
(14)   Motorcycles, go-carts and other motor vehicles. The operation of a motorcycle, motorized scooter, go-cart or other motorized vehicle in a manner which creates excessive noise, including the continuous riding of any such vehicle past, around or near an inhabited dwelling place so as to disturb or unduly annoy its inhabitants.
(Ord. of 10-12-82, § 2(b); Code 1977, § 3-18.5-3; Ord. of 9-10-02)
State law references: Limits on volume of mechanical sound making devices located within motor vehicles, O.C.G.A. § 40-6-14; motor vehicle mufflers, O.C.G.A. § 40-8-71; boat mufflers, O.C.G.A. § 52-7-10.
________________________________________
Sec. 50-258. Exceptions to article.
(a)   Any person whose operations or business within the unincorporated areas of the county is currently licensed under an existing county ordinance which prohibits the creation of disturbances or creation of nuisances on or emanating from the premises shall be exempt from the provisions of this article so long as the license under the existing ordinance remains valid.
(b)   This article shall not apply to activities conducted upon county property with the prior permission of the county or by a licensee of the county for the use of county facilities so long as the license to use the property remains valid.
(c)   This article shall not apply to school-sponsored activities conducted upon school grounds. “School” for the purpose of this section means a private, parochial or public kindergarten, elementary, middle, junior high or high school or college which teaches subjects commonly taught in the public schools and colleges of this state.
(Ord. of 10-12-82, § 3; Code 1977, § 3-18.5-4)

April 2007

Q -

Lt. Chenoweth,

There was an incident recently at our neighborhood clubhouse. I would like to ask your expert opinion on exactly how we should look at it. But first, please bear with me on the background information.

The door to our downstairs exercise room and restrooms had issues for over a year. As can be expected for a 20-year old neighborhood, the latching mechanism on this commercial grade door had degraded somewhat. And it was discovered by numerous individuals in the neighborhood that a simple hard yank on the door would result in its opening without a key.

As a board member, I brought this to the attention of the clubhouse director and others. Being the grounds director, I was not in a position, nor did I have the time to deal with it myself. Please don't get me wrong; board members are just volunteers and one can only go so far in harassing them into action.

In January, I was elected president of the board, at which time I made it a priority to take care of this obvious problem. About a month ago, our new clubhouse director did just that. The new metal door is tight, and it looked like the original latch would work OK. Well, on Friday night, I received a call from a resident who works out every day. Finally, we get to the meat of the matter.

This resident witnessed a 15-year old kid, one of our own residents, placing his foot on the door jamb, grasping the handle with both hands and yanking to force his way into the building. Apparently, it made quite a "pop" when it did open. The adult stopped his workout and confronted the kid. Not surprisingly, the kid acted clueless, as if he did nothing wrong. The resident imparted the senselessness of his actions and sent him on his way home.

This kid is part (some would say leader) of a group of young boys who are suspected to have caused numerous acts of vandalism in our neighborhood recreation area. It's the same old story, bored kids, no parental involvement, etc.

Regardless, here is my question. Can the kid's act be considered a crime? His family is a member of the recreation association, so they are technically eligible to enter this area of the clubhouse at any time. However, is entry in this manner technically a crime? If so, is entry into the tennis courts by climbing the fence also a crime?

Finally, is the clubhouse area, accessible to the recreation members with a key to be considered public or private property? What about the area upstairs, to be rented out to those members who reserve it?

Naturally, any damage to the door or tennis courts is clearly a crime. And although the door is worse for wear, it is not obviously damaged. It's budget season and we will be acquiring a deadbolt style locking mechanism.

Your thoughts on this matter would be appreciated. Feel free to call if you want to discuss. I will be at the BOC meeting tomorrow morning but should be available for the rest of the day.

A -

Lee,

I can finally respond to your questions about your recreational area. First of all, let me qualify this by saying that not being an attorney, I can not give you legal advise. I can only give you my opinion and provide you with the Criminal Trespass Statute, which is provided below. For an absolute legal opinion, I'd have to refer you to an attorney. Here is the statute for Criminal Trespass-

Trespassing - O.C.G.A. 16-7-21

Criminal trespass can be committed in five different ways -

a person intentionally causes damage to the property of another without his consent and the damage is less than $500.00; -

knowingly and maliciously interferes with possession or use of the property of another; -

enters upon the property of another person for any unlawful purpose; -

enters upon the property of another person after receiving notice from the owner that such entry is forbidden; or -

remains upon the property of another person after receiving notice from the owner to depart. Punishment: Misdemeanor, with up to 12 months to serve.

With that in mind, I also have no knowledge of your Homeowner's Association Covenants and what it says are the rights of your members or requirements for entry upon or into your recreational area. My first thought is that your recreational area should probably be considered private property, owned by the HOA, for the use of your dues paying membership. I can't imagine that it would be considered "public property". I assume that members are provided keys to the facilities for proper entry into the area.

Let's analyze this case-

If the door was not damaged, the first sentence of the Trespass statute would not apply.

"knowingly and maliciously interferes with the possession or use of the property of another" ? Maybe. If his family is a member of the HOA, why did he have to enter in such a manner? Would a reasonable and prudent person enter the same building in the same way? I doubt it. Would a reasonable and prudent person think that type of entry to be wrong or illegal? Probably. Could a claim be made that the teenager interfered with the possession of the property by forcing his way thru a locked door ? Probably. Does your covenants allow members to enter upon the property at any time they choose AND in any manner they choose, or are they expected to use a key and not force entry?

"enters upon the property of another person for any unlawful purpose"? Maybe. Why else did he choose to enter in such a manner rather than use a key through the front door? The Loitering and Prowling criminal statute (16-11-36) says " when a person is in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity". I notice that you got the call from the adult on Friday night. Did the teenager do this late at night to where he may have thought the building was not occupied and he intended to commit a crime such as vandalism or theft? Would a reasonable and prudent person think that maybe this kid is guilty of being " in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm" ? Very possibly.

"enters upon the property of another person after receiving notice from the owner that such entry is forbidden"? Unless there are No Trespassing signs posted, easily visible from the outside of the area where you do not want people to enter, or the offender has received prior written or verbal notice from the owner that such entry is forbidden, I doubt that the courts would go for that. I know it seems to make sense that if a door is locked or if someone has to climb a fence to gain entry onto a property that it should be considered trespassing... but our courts have ruled in the past that the offending person has to be on notice that such entry is forbidden. Forcing his way through a locked door may be considered trespassing. Climbing a fence to gain entry... I doubt it without signs forbidding it. To be safe, have warning signs posted stating that this type of entry is forbidden and considered trespassing and the violator will be prosecuted. There can be no reasonable argument that the offender didn't know he wasn't permitted to climb that fence!

Some areas of law are gray and are not black and white and are left open for interpretation. We as law enforcement officers have to look at the "totality of the circumstances" and make a decision based on law, good judgement and common sense. We then present the facts and circumstances to the courts for final disposition. They either agree with our decision or they don't. The final decision rests in the hands of our judicial system. After 25 years of law enforcement, I have stopped trying to figure out our court system and just do what I think is right. I then let them do what they think is right.

In short, based on what you have provided me and nothing more, I may have been tempted to charge the kid and let him explain to the judge what rationale he had for making such an entry. I think it was illegal. .

If you don't have signs up advising that entry into the tennis courts by climbing the fence is forbidden and considered trespassing, I'd consider putting them up.

Lt Chenoweth

March 2007

Q-
One of my neighbors wrote this back in response to the bump key article:

There is an inexpensive plate you can supposedly buy that will not let a door be opened, even with a key. Saw it on Good Morning America but have not researched it.

Do you know anything about this?

A-
No I don't. Again I will call a Locksmith and ask. I'm not sure I would want to rely on an inexpensive plate to keep my door closed if someone has managed to bump my lock. I would imagine all the burglar will do then is kick in the door. The lock has already been violated and if there is just an inexpensive plate keeping it closed, it probably won't be closed for long. We have burglaries all the time where the entire door frame has been shattered. Does that inexpensive plate also keep the door frame from shattering??? I doubt it. I can almost promise you a small plate won't stop them. May be a good idea in theory, in reality, that door's coming open. I believe I would go for beefing up my door jamb by making sure there are at least 3" long screws going into the studs supporting the door frame and a pick proof lock. That's just me. But I'll look into it. ----

Karen,

Ok. I just talked with the locksmith again about the inexpensive plate. He wasn't sure what Good Morning America was showing people because he isn't familiar with that. He said there are a lot of devices on the market advertised to do that. I personally stand on my statement in the previous e-mail; I'm not trusting an inexpensive plate. He also said that there are locks out there advertised to be HIGH SECURITY locks that he can violate with a wet pop cycle stick!! The only lock he says that is absolutely pick proof, bump proof is Medeco. I'M NOT ENDORSING MEDECO LOCKS. He is! I would recommend that if someone in your community is interested, they should contact their own locksmith for advice. Don't take mine. Mark

Q-
A question was asked about truancy and how the police handle children they contact who are skipping school.

A-
Concerning Truancy and kids going to school- I have had extensive meetings and conversations with Cobb Juvenile Court and the Board of Education on Truancy. The facts are, Truancy is a civil process not a criminal process. Police Officers have very little authority to deal with kids not being in school. It has been told to me that just because a child is not in school on a given day it does not make them truant. It takes a documented history by the school social workers and/or the school truancy officer of a child not going to school for it to be a truancy issue. The matter is then taken to Juvenile Court by the Board of Education. All a police officer can do when they stop a kid on the street who is supposed to be in school is take them back to school or to their parent. In addition, any student 16 or over is permitted by law to drop out of school if they choose, with or without parental permission.

Q-
I would appreciate a comment from Lieutenant Mark Chenoweth from Precinct 4 about our rights and proper procedures when faced with dogs attacking you while you are out on our streets.

A-
Below are portions of the Cobb County Code pertaining to Control of Animals that applies to your situation. There is a complaint form that you or a member of your community can complete to file a complaint. On the menu at the top of this page click "resident" then, "eGov online services", then "report animal abuse/complaints". Here is a direct link. I am forwarding your concerns to the management of our Animal Control Dept. for their information and to allow them the opportunity to respond to you and provide additional information. It is my opinion that if a person is walking or jogging on a public roadway and they are placed in fear of receiving bodily harm, due to the manifestations of an approaching freely roaming animal, they can take whatever action would be considered appropriate to defend themselves from attack. I would not recommend harming an animal that does not present itself to be hostile. Animal complaints are handled by our Animal Control Dept. but if the situation requires immediate police r esponse, the person can always call 9-1-1 and a CCPD officer will respond.

Sec. 10-11. Control of Animal.
(a) General Control.

It shall be unlawful for the owner of any animal to permit such animal to be out of his immediate control and restraint, or to be left unattended off the premises of the owner, or to be upon the property of another person without the permission of the owner or person in possession of such other property. For the purposes of this chapter, condominium and apartment common property shall not be considered to be the premises of the animal owner. Voice control does not constitute control of an animal.

Restraint of dogs and/or animals shall be maintained as follows:
a. When upon the premises of the owner, all animals shall be kept indoors or in a primary enclosure as defined by this chapter in such a manner as to contain the animal within the bounds of the owner’s premises, or on a leash in the hands of a person that possesses the ability to restrain the animal. Tethering as a means of primary enclosure is not permitted.

a. When off the premises of the owner, all animals shall at a minimum be maintained on an appropriate chain, leash or tie not exceeding 6 feet in length, and in the hands of a person who possesses the ability to restrain the animal.

The requirements of subsection 2 (a) and 2 (b) shall not apply in the areas zoned for agricultural purposes where the owner of the dog is using the dog for hunting or working purposes and has the dog in his possession or control. If the dog is being used for hunting purposes the owner shall have on his person a valid hunting license. Dogs, while hunting, or show dogs while being shown, are not required to wear a collar or dog tag; but the owner shall have the dog tag in his possession where it may be shown upon demand of a representative of CCAC.

No person shall tie, stake or fasten any animal within any street, alley, sidewalk, right of way, or other public place within the County or in such manner that the animal has access to any portion of any street, alley, sidewalk or other public place.

Every female dog and cat in heat shall be confined in a building or other enclosure in such a manner that such female dog or cat cannot come into contact with an intact male of the same species except for planned breeding.

Every animal shall be restrained and controlled so as to prevent it from causing property damage, harassing pedestrians or bicyclists, molesting passersby, chasing vehicles, or attacking persons or other animals.

Sec. 10-121. Cruelty to Animals

A person shall not be guilty of cruelty when the person is protecting his life, the life of another person or animal that is being attacked by an animal that is attempting to severely harm or kill him, provided that the person being attacked is not committing a crime or is not aggravating or inciting the animal to attack, and has not aggravated, injured, abused, or assaulted the animal in the past. Nuisance Animal - Any animal that:
() Damages, soils, defiles, eliminates or defecates on private property other than its owner’s property or on public property;
() Causes unsanitary or offensive conditions or otherwise endangers public health, welfare or safety;
() Causes a disturbance by barking, howling or other noisemaking for a period of more than 15 minutes;
() Chases vehicles, bicycles, or people;
() Is in estrus and not confined in a manner which can keep it away from intact males of the same species; or
() Causes serious annoyance to a neighboring residence and interferes with the reasonable use and enjoyment of that property.
() In any prosecution under this code section, any animal found running at large may be held by CCAC as evidence of a violation of this code section. Such holding is at the discretion of the prosecuting attorney, and the animal may be released at the conclusion of the prosecution.
() In lieu of paying a fine or serving jail time under this section, a violator may, at the discretion of the judge, relinquish the animal to CCAC for placement or disposal as determined by CCAC.

Sec. 10-9. Animals Creating Nuisances.
The owner of any animal shall be in violation of this chapter if the animal exhibits any behavior or engages in any activity defined under 10-1 “Nuisance Animal.” (Ord. of 9-23-80, § 25; Ord. of 6-11-85; Ord. of 10-24-89; Code 1977, § 3-5-23)

Sec. 10-2. Penalty for Violation of Chapter.
Any person who violates any provision of this chapter shall be punished as provided in Section 1-10. (Ord of 9-23-80, § 28; Ord. of 6-11-85; Ord. of 10-24-89; Res. of 11-9-93: Code 1977, § 3-5-27)

Q-
Dear Sir/Madam,
I live at Lashley CT NE, Marietta 30068 - Over the past few weeks I keep noticing that the Post Box outside my house is open. I have asked all members of my family as well as my regular postman about this and all say that they close the box securely. The flap is firm.

I fear that there may be a person or persons attempting to get information for possible Identity theft or whatever and I ask for your advise in this matter

Your reply and help will be much appreciated

Thanks

A-
Theft of mail from mailboxes is a real concern. I would recommend that you not put any sensitive mail in your mailbox but rather take it directly to a post office. It is commonly accepted that the placement of mail in one’s residential mailbox is one of the causes of Identity Theft as certain mailings can provide the criminal with most of your personal information allowing them to steal your identity.

I personally started paying all of my bills electronically through my bank to avoid putting personal checks in the mailbox. If you receive unsolicited credit offers in the mail, I would also recommend that you contact your credit bureaus to Opt Out of the credit offers. That will stop those from coming also.

Again, those credit offers can provide a criminal with personal financial information allowing them to assume your identity. Another thing that you can consider is getting a post office box to use just for incoming mail that could contain sensitive information. Let me know if I can be of further assistance.

Q-
Lt. Chenoweth,
I had a question come up in our neighborhood regarding parking ordinances for parking on the street in the neighborhood. Do you know if there are any ordinances regarding this ...specifically parking a car overnight on the street in a subdivision? Any help is appreciated. Thanks.

A-
In response to your inquiry the following is what we currently operate under...

Currently, there is no County Ordinance which prohibits the parking on the streets inside a subdivision with the following exceptions :

Sec. 118-143. Parking for certain purposes prohibited.

No person shall park a vehicle upon any roadway for the purpose of:

(1) Washing, greasing or repairing such vehicle, except repairs necessitated by sudden emergency; in such emergency such vehicle shall be moved or towed away with all due haste.

(2) Displaying advertising.

(Ord. of 7-27-76,§ 45; Code 1977, § 3-24-45)

Sec. 118-145. Parking prohibited on narrow streets.

(a) The traffic engineer is hereby authorized to erect, upon approval of the board of commissioners, signs indicating no parking upon any street when the width of the roadway does not exceed 20 feet, or upon one side of a street as indicated by such signs when the width of the roadway does not exceed 30 feet.

(b) When official signs prohibiting parking are erected upon narrow streets as authorized in this section, no person shall park a vehicle upon any such street in violation of any such sign.

(Ord. of 7-27-76, § 47; Code 1977, § 3-24-47)

Sec. 118-157. Sale of vehicles on rights-of-way; towing authorized.

(a) It shall be unlawful to park or leave unattended on or within the right-of-way of any public road in the unincorporated areas of the county any used motor vehicle which is marked for sale or otherwise displayed for sale. A vehicle shall be considered to be displayed for sale when a reasonable person would perceive that the vehicle is for sale without having to inquire whether the vehicle is for sale.

(b) The law enforcement officials of the county are authorized and empowered to cause any vehicle found to be in violation of this section to be towed by a private towing company to a private impound lot. The owner of such vehicle shall be responsible for all expenses and charges incurred in the towing and storage of the vehicle.

(Ord. of 2-27-96)

As for the Georgia Code the only thing available to us is the Abandoned Vehicle statute which states:

§ 40-11-1.

1)'Abandoned motor vehicle' means a motor vehicle or trailer:

(A) Which has been left by the owner or some person acting for the owner with an automobile dealer, repairman, or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of 30 days after the time agreed upon; or within 30 days after such vehicle is turned over to such dealer, repairman, or wrecker service when no time is agreed upon; or within 30 days after the completion of necessary repairs;

(B) Which is left unattended on a public street, road, or highway or other public property for a period of at least five days and when it reasonably appears to a law enforcement officer that the individual who left such motor vehicle unattended does not intend to return and remove such motor vehicle . However, on the state highway system, any law enforcement officer may authorize the immediate removal of vehicles osing a threat to public health or safety or to mitigate congestion;

Generally, if the parked car is causing a hazard we will ask that it be removed immediately provided we can identify who the owner is and make contact. A hazard can mean a vehicle parked and blocking an adjacent driveway or a vehicle parked within 30 yards of an intersecting roadway, stop sign, or other traffic control device. You must park on one side of the road only so as to allow for the free movement of traffic by using the remaining traffic lane. You cannot park on hill crest, blind curves, or bridges. If no immediate hazard exists we revert back to tagging the vehicle under Georgia Code 40-11-1 and impounding the vehicle after a five day period as authorized by Georgia Code 40-11-9. Normally, once a car is tagged on the window with one of the "BRIGHT ORANGE" stickers used as notification, it gets moved fairly quickly.

Q-
We have had several questions regarding door to door sales and solicitation.

A-
Here are the requirements and restrictions for those involved in this type of business.

If you see anyone in violation of these requirements, or suspect that they are in violation of the County's permit requirements, please call to have these people checked out.

Door to Door Solicitations

All solicitors in Cobb County, with only two exceptions, must be registered with our Permits Office located at the Headquarters complex at 140 North Marietta Pkwy.

A solicitor is defined as a person selling door to door any product for monetary xchange. Each solicitor must have with them at all times a card which identifies who they are and the company with who they are affiliated. They must have in their possession a sufficient number of cards with this information to leave one with each resident if requested.

I'm sure you noticed the "with only two exceptions" portion of the first sentence above. There are two groups of solicitors that are not regulated and we cannot do anything about. These groups are identified as "Religious" and "Political/Government" solicitors who routinely sell a product or ask for donations and/or contributions as partof a fund raising effort. These groups we cannot do anything about while all others must adhere to the regulations as set by the law and the Cobb County PD permits office.

While it is good that you have installed a "No Solicitation" sign at your entryway, the law clearly states that any resident who does not wish to receive solicitations must exhibit, in plain sight at their front door, a sign clearly stating "No Solicitation". This means that the entryway sign is unenforceable by law as the signs must be affixed and visible at the individual residence.

Any solicitor who approaches a residence exhibiting a "No Solicitation" sign must turn away and not solicit at that individual residence or else they will be in violation of law. This does not apply to those groups identified in the exceptions. Unfortunately, the law does not allow for an Association to make a blanket prohibition for an entire subdivision (i.e. Entryway signage).

Residents routinely are not sure who is soliciting in their neighborhood. Understanding this, we will gladly respond to any call from our Cobb County citizens to check these individuals out and ensure adherence to the applicable laws. While we ould prefer this type of call come in on the Cobb County Communication Center 's Non Emergency line at (770) 499-3911, if a person does not have this telephone number handy the use of 911 is certainly acceptable.

Lastly, your entryway signage is a good thing so leave it up. Past history indicates that these signs may reduce the number of solicitors you get inside the subdivision, however, please understand that it is totally unenforceable by our department.

Q-
Spray Paint and Model Glue
In response to your questions about businesses selling spray paint to minors

A-
It is illegal for a business to sell spray paint, model glue or any like substance to anyone under age 18. I have included the pertinent code sections below:

§ 16-13-90."Model glue" defined

As used in this article, the term "model glue" means any glue, cement, solvent, or chemical substance containing one or more of the following chemicals: acetone, amyl chloride (iso- and tertiary), benzene, carbon disulfide, carbon tetrachloride, chloroform, ether, ethyl acetate, ethyl alcohol, ethylene dichloride, isopropyl acetate, isopropyl alcohol, isopropyl ether, methyl acetate, methyl alcohol, propylene dichloride, propylene oxide, trichlorethylene, amyl acetate, amyl alcohol, butyl acetate, butyl alcohol, butyl ether, diethylcarbonate, diethylene oxide (dioxane), dipropyl ketone, ethyl butyrate, ethylene glycol monoethyl ether (cellosolve), ethylene glycol monomethyl ether acetate (methyl cellosolve acetate), isobutyl alcohol, methyl amyl cetate, methyl amyl alcohol, methyl isobutyl ketone, or toluene.

§ 16-13-91. Intentional inhalation of model glue; application of article to anesthesia

No person shall, for the purpose of causing a condition of intoxication, stupefaction, euphoria, excitement, exhilaration, or dulling of the senses or nervous system, intentionally smell or inhale the fumes from any model glue, provided that this Code section shall not apply to the inhalation of any anesthesia for medical or dental purposes.

HISTORY: Ga. L. 1968, p. 1194, § 1.

§ 16-13-92. Possession, sale, or transfer of model glue No person shall intentionally ossess, buy, sell, transfer possession, or receive possession of any model glue for the purpose of violating or aiding another person to violate this article.

HISTORY: Ga. L. 1968, p. 1194, § 3.

§ 16-13-93. Sale or transfer of model glue to minors No person shall sell or transfer possession of any model glue to another person under 18 years of age, nor shallnyperson under 18 years of age possess or buy any model glue unless the purchase is for model building or other lawful use and the person under 18 years of age has in his possession and exhibits to the seller or transferor the written consent of his parent or legal guardian to make such purchase or take possession of the model glue, provided any minor who shall transfer possession of model glue to another minor for model building or other lawful purpose shall not be held criminally liable for failing to require exhibition of the written consent of the transferee-minor's parents or for failing to keep same available for inspection by law enforcement officials

§ 16-13-94. Maintenance of records of sales to minors. The person making a sale or transfer of possession of model glue to a person under years of age must require the purchaser to exhibit the written consent of his parent or guardian and the name and address of the consenting parent or guardian. All data required by this Code section shall be kept available by the seller for inspection by law enforcement officials for a period of six months.

HISTORY: Ga. L. 1968, p. 1194, § 5.

All businesses selling these products should already be familiar with the law, egardless of whether or not they have signs posted for the public.

As to the information on graffiti and gangs, we have presentations that we give to parents, educators and other groups at various times during the year. What we talk about is recognizing indicators of gang involvement. It is not for kids because we do not want to alert them to some of the things that we look for. If you could poll your members and there is enough interest, we will set a date and time to give a presentation to the "Pct. 4 Homeowners Association".

In the meantime I have included some Websites from the Internet that might give you some insight into some of the graffiti that you and your neighbors may be seeing around the county. A lot of what we have encountered in the Pct. 4 area is called tagging, which is not gang-related.

http://www.streetgangs.com/graffiti/

http://www.enhancementcourses.edu/gangs/gang_guide.htm

http://www.gangsorus.com/graffiti.html

http://www.gangwar.com/dynamics.html