04-26-04 Health & Public Safety - Laserfiche WebLink

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t Z S Health and Mlle Safe4r Committee The April 26,2004 meeting of the Health and Public Safety Committee was called to order by its Chairperson, Council Member Ann Puzzello at 3:34 p.m. Persons in attendance included Council Members Dieter,White,Kelly,Puzzello,Varner, Kuspa,Coleman, and Kirsits;Police Chief Thomas Fautz, City Clerk John Voorde, City Controller Rick 011ett,Code Enforcement Director Catherine Brucker,Rita Kopola,Jeff Sims, Diane Anton, and Kathleen Cekanski-Farrand,Council Attorney. Council Member Puzzello noted that the first item on the agenda was to review Substitute Bill No. 24-04 which would amend Chapter 13,Article 4, Section 13-57.05 of the South Bend Municipal Code addressing"Violations and Penalties for Loud and Raucous Noise". Council Member Dieter,the sponsor of the Bill made the presentation. He noted that on the advice of the Council Attorney that he must state for the record that he is a member of the South Bend Police Department,but based on her advice he does not have a substantial conflict of interest and therefore will be able to present the Substitute Bill, participate in its discussion and vote on it. Council Member Dieter stated that Substitute Bill No. 24-04 would increase fines for loud and raucous noise to $100 for the 1st violation, $250 for a 2nd violation, and$500 for the 3rd violation; and would eliminate the reference to violations occurring in the same calendar year. He noted that all Council Members get complaints about noise throughout the city,and the increased fines should have a tremendous effect. He noted that between 2002 and 2003 there was an increase in ticketing of 276%. The Office of the City Clerk and the City Attorney's Office have collected 90%of those ticketed. He noted that he and the Council Attorney will be meeting with the City Attorney's Office early next week to review the enforcement process. Council Member Puzzello then asked for comments from the public. Jeff Sims of Lafayette,Indiana,noted that he believes there is low frequency noise and electric-magnetic fields which is creating a"health crisis in this city". Diane Anton,a St. Joseph County resident noted problems with boom boxes and the detrimental health effects which they create. She stated that vibrations affect health and that high energy fields also cause health problems and affect the length and duration on the human body. Council Member Kirsits asked on the loud and raucous ordinance is enforcement. Council Member Dieter stated that measurement is made on a fifty foot(50')basis. He also noted that since the hot line number was published in the newspaper that many residents have phoned in locations and noise complaints. Council Member Dieter also noted that the substitute bill calls for the fines to go into Fund#220,which is the Police Department Training Fund which is a dedicated fund.