07-11-05 Health & Public Safety - Laserfiche WebLink

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Health and Public Safety Committee 2005 South Bend Common Council The July 11, 2005 meeting of the Health and Public Safety Committee was called to order at 4:48 p.m. by its Chairperson, Council Member Karen L. White, in the Council's Informal Meeting Room. Persons in attendance included Council Members Dieter, Pfeifer, Puzzello, Kelly, Kuspa, White Kirsits and Rouse; Citizen Member Martha Lewis, Brad Poulan, Executive Director of the Department of Community and Economic Development Sharon Kendall,Mrs. Kopola, Assistant City Attorney Ann-Carol Nash, City Attorney Charles Leone, Police Chief Thomas Fautz, Sarah Troyer,Dave Smith, Cecilia Gild,Bonnie Rain,Deb Albright,Mark Kramer, Lois Steele, Chuck Kemble,Dave Wozniak, City Clerk John Voorde,Kathleen Cekanski-Farrand, Council Attorney, and Jeff Parrot of the South Bend Tribune. Council Member White noted that the Committee members include Council Members Rouse, Varner,Kuspa and herself. Council Member White indicated that the meeting was called to discuss Bill No. 40-05 which would amend Chapter 13 of the South Bend Municipal Code in order to expand the scope of prohibited conduct which may generate an action to abate a public nuisance. Assistant City Attorney Aim-Carol Nash stated that she would make a presentation on Bill No. 40-05 on behalf of Police Chief Thomas Fautz and the City's Legal Department. She noted that the Legal Department has been working on the proposed ordinance for a number of months. It addresses the public safety concerns raised by 4th District Council Member Puzzello and the many community meetings which she has hosted. The disorderly house ordinance would work similar to the drug house ordinance. A notice to abate would be sent to both the landlord and the tenant upon repeated violations of the ordinance. The City's Legal Department may seek injunctive relief as well as a monetary fine. Ms. Nash noted that the ordinance adds violation of alcoholic beverage laws to the list and amends the loud noise violation section to streamline the enforcement process. She then asked Sarah Troyer, a Legal Intern with the City's Legal Department to distribute proposed handouts which would be used in conjunction with the proposed ordinance(copies attached). In response to a question from Council Member Puzzello, Ms. Nash stated that a police officer will need to document alleged violations of the ordinance. Council Member Puzzello noted that she begin having meetings last year in response to the many disturbances disrupting the peace and quiet of many neighborhoods in her Councilmanic District. She noted that in many instances there were very large and very noisy parties, as well as a large among of litter and trash left after the parties. She stated that such disturbances in residential areas are violating people's rights and that such behavior is not a"right of passage". Council Member White then opened the discussion for comments from the public who wished to speak in favor of Bill No. 40-05. July 11,2005 Health and Public Safety Committee of the 2005 South Bend Common Council -page 1-