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Cleveland councilman pushing to increase penalties for nighttime teen curfew violations

Councilman Polensek says curfew isn't being enforced
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CLEVELAND — Another Cleveland city leader says he is fed up with violent crime in the city and wants parents held accountable.

Cleveland Council Public Safety Chair Mike Polensek says the night curfew for minors isn’t being enforced.

Polensek is demanding answers from the city about the curfew and will propose raising fines that could more than triple what they are now.

Polensek is flat-out mad.

"We have to acknowledge it, and we have to quit ignoring it and somehow think if we don't talk about it, it's going to go away; that's all b-s it's ain't going away,” Polensek said.

He says parents should be held accountable for the chaos their children are causing on city streets.

"Especially between the 12 and 15 running the streets in the middle of the night. Wait a minute, explain that one to me. You don't know where your 12-year-old is,” Polensek said.

A dozen teenagers were arrested and charged in a brutal attack last month on a man at a gas station on East 140th and St. Clair Avenue.

Just this week, News 5 Investigators learned from Prosecutor Mike O’Malley during our follow-through coverage a 12-year-old is in detention for sitting in a stolen car in that case after violating a pilot program to reduce car thefts.

"The big question when they are making an arrest, why aren't they charging them with curfew? And they weren't,” Polensek said.

Polensek asked about that in letters to the city prosecutor and police chief about the nighttime minor curfew law.

"The numbers speak for themselves, 32, give me a break,” Polensek said.

According to Cleveland Municipal Court, in the first seven months of 2023, the court had 32 night curfew citations. In 2022, there were 56.

"It's a lot lower than we had prior to the pandemic, so I think we were close to 400 during the years preceding that,” Judge Michelle Earley said.

Earley is the administrative and presiding Judge of Cleveland Municipal Court.

News 5 Investigators asked Judge Earley if she expected the number to be higher.

"I think that if we're looking at how to address what's going on with the juveniles holistically, it should be,” Judge Earley said.

She says not to ramp up cases for the court but to help pull the teen and the parent together.

"Is there someone who is active at the house? Is it someone that they're unaware of where their child is,” Judge Earley said.

The court has a special docket for curfew violations called "rock" or Redirecting Our Cities Kids.

The program is $25, and if successfully completed with the teen in community service, the charge is dismissed.

"I understand the frustration, and I understand holding the parents accountable for our program and the admittance fee or what you have to pay to be in our program. I think that amount is appropriate because the person is trying,” Earley said.

If parents don’t want to do the program, they pay about $300 in fines and court costs.

Polensek thinks increasing the penalty to $250 for the first offense and $500 for the second would be part of the solution.

"If you want to run our streets, if you want to terrorize our neighborhood, there's got to be a price to pay,” Polensek said.

News 5 Investigators asked Polensek if it could be an issue of other bigger issues they’re trying to deal with.

“Pile it on. Pile it all on. We're all sick of it," Polsenek said.

Polensek says the city council attorney is reviewing his proposal. The first reading would be at the next council meeting.

News 5 reached out to city administration, and a spokesperson said, "Yes, officers are enforcing the law."

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