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Westmoreland adopts crowd-control law

November 8, 2008 12:36 am

BY FRANK DELANO

Westmoreland County has adopted an emergency ordinance giving police new powers to control unruly gatherings.

The new law comes in response to recent incidents at Coles Point and Oak Grove, said Sheriff C.O. Balderson and County Administrator Norm Risavi.

Fights broke out last week in a crowd of more than 100 people attending a Halloween party at an Oak Grove restaurant, Balderson said. And gunfire wounded three people in the parking lot of the Coles Point Tavern on Oct. 25.

The new ordinance allows the sheriff to "regulate, restrict or prohibit" any gathering that presents "an imminent threat of any civil commotion or disturbance in the nature of a riot which constitutes a clear and present danger."

Balderson said the ordinance "was not targeted against any specific businesses or businesses. It's a tool we need to protect public safety if things get out of hand."

"This Sheriff's Office is going to take every measure to keep people from getting hurt," he said.

The new law gives him authority to shut down a business and charge the owner with a misdemeanor, he said.

Balderson said three fights--two in the parking lot and one inside the building--broke out at a "Halloween Bash" at the El Cochino Restaurant and Cantina in Oak Grove.

In an Oct. 29 letter, Gary Ziegler, the county's director of planning and community development, notified Balderson that the advertised event was "not permitted under the current use (restaurant) at this time."

Ziegler said the restaurant's occupancy was limited to 68 people with 18 parking spaces. Ziegler said a larger gathering would be a special event requiring supervisor approval.

Ziegler also said that he considered a 1998 zoning permit for the restaurant to be "null and void" because the property owner had not fulfilled a promise to install a new, Virginia Department of Transportation-approved entrance on State Route 205. Ziegler also said that additional floor space at the rear of the building was not approved for occupancy.

The county sent a copy of the letter to the restaurant owner. Because the party attracted more than 68 people, Balderson said, the owner and proprietor now face administrative sanctions by the county.

According to county records, the restaurant is owned by James Nikitakis Jr. and leased to John Callirgos.

Supervisors adopted the emergency ordinance Monday night at a meeting to discuss plans for a sewer system proposed for the Oak Grove area. According to state law, emergency ordinances are good for 30 days.

Risavi said supervisors must advertise and hold a public hearing before voting to make the ordinance permanent.

Also on Monday, a suspect in the Coles Point shooting turned himself in, sheriff's Maj. John Hoover said. Dawan Terill Ball, 27, of Mount Holly is charged with six felonies, including malicious wounding and gun charges.

Balderson said Coles Point Tavern presents a law enforcement challenge because of its two jurisdictions. The tavern's parking lot is in Westmoreland County, but the tavern is built on a pier in the Maryland waters of the Potomac River.

Balderson said he recently talked with Sheriff Timothy K. Cameron of St. Mary's County, Md., about improving law enforcement at the tavern. The tavern is about 80 miles by car from the St. Mary's County seat at Leonardtown, and about 13 miles by boat.

Frank Delano: 804/333-3834
Email: fpdelano@gmail.com





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