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14(')0 CALINTY-CTTY BUILDING <br />227 W. ,JEFFERSON BOULEVARD <br />SOUTH BEND, INDIANA 46601-1830 <br />PxoNE574/235-9241 <br />Fnx 574/235-9892 <br />TDD 574/ 235-5567 <br />CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR <br />DEPARTMENT OF LAW <br />CHARLES S. LEONE October 18 2005 ALADEAN M. DEROSE <br />CITYATTORNEY ' CHIEF ASSISTANT' CITYATTORNEY <br />Ms. Charlotte Pfeifer <br />President, South Bend Common Council <br />435 County-City Building <br />South Bend, IN 46601 <br />Re: Substitute Bi1170-05: Unreasonable Noise <br />Dear Ms. Pfeifer: <br />Attached is a Substitute Bill 70-OS regarding Unreasonable Noise. The only change <br />between this and the original bill is deletion of the words: "after being asked to stop" in the third <br />line of Section I (Code § 13-57 (a)). <br />The change has been made because it can be impractical and ineffective for police to first <br />request that a person making an unreasonable noise stop before issuing a citation. Although the <br />after being asked to stop" language was approved in the Indiana appellate court case on which <br />this amended ordinance is based, that language does not appear mandatory to sustain <br />constitutionality. <br />This substitute should meet the requirements of Indiana law as well as the desire of South <br />Bend citizens for peace and quiet. <br />Thank you for considering this request for a substitute bill. As I stated upon filing the <br />original ordinance, I will make all presentations before the Council. <br />Sincerely, <br />ill <br />Charles S. Leone <br />City Attorney <br />CSL/sra <br />Filed to Clerk's Office <br />ACT ~ ~ i~~l <br />JON,1 YOORDE <br />CITY CLEEIK, S0. BEND, IN. <br />THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL NASH <br />JEFFREY M. JANKOWSKI JOHN R LIVINGSTON JEFFREY L. SANFORD ,JOHN E. BRODEN