08-13-01 Health & Public Safety and Residential Neighborhoods

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August 13, 2001 Page 2 The Joint Committees then reviewed Bill No. 66-01 which would amend the South Bend Municipal Code by the addition of new Article 3 to Chapter 13 entitled "Anti-Ticket Scalping Regulations". Council Member King, a co-sponsor of the Bill along with Council President Pfeifer, made the presentation. Council Member King noted that there is a growing concern of activities negatively affecting neighborhoods when tickets to entertainment events exceed the supplies resulting in premium prices for such tickets. Many individuals participate in ticket speculations without any interest in using the tickets but rather are interested in the resale of such tickets at premium prices. In light of the growing public interest concerns and the quality of life concerns affecting traffic congestion, pedestrian safety and quality of life concerns of residential neighborhoods, the Bill was introduced following many meetings with members of the Police Department. Council Member King noted that both he and Council President Pfeifer receive many complaints as a result of such activities, especially those which occur in the residential areas. Council Member King noted that 150 people were lined up to purchase Jerry Seinfeld tickets for an upcoming performance at the Morris Civic, with many of those individuals purchasing tickets for the express purpose of resale at premium prices. He noted that twenty-seven (27) states, the District of Columbia and most cities with sports stadiums have passed regulations of a similar nature. Council Member King noted that three-fourths (3/4) of the population reside in the cities having such regulations. He concluded that based on the best interests of health, safety & welfare, he recommended that the Committees act favorably on the proposed ordinance. Council President Pfeifer stated that the proposed ordinance was consistent with the nature order of things to revitalize and protect neighborhoods and business corridors. When quality of life issues are jeopardized reasonable regulations are necessary to protect them. When individuals are disrespectful to others and their property, regulations should be put in place to protect the balance of these rights and obligations. Council Member Ujdak then opened the meeting to public comment on Bill 66-01 asking those individuals who were in favor of the measure to speak first. Bruce BonDurant, a local attorney residing at 209 Pokagon, read a one-page statement voicing support for the proposed ordinance. He noted that he was speaking on behalf of the Harter Neighborhood. Heights borhood. Mr. BonDurant stated that he had personally witnessed accidents, mostly g � l� fender/benders resulting from ticket scalping activities in the residential areas. He stated that in his opinion the city would be negligent in not controlling such behavior since they are familiar with the problems resulting from such activities. He further noted that such ticket scalpers pay no taxes on the income they make. The Council Attorney inquired whether his theory of potential negligence to the city was based on " activity would cause harm or city "knew or should have known" that such acts the premise that the tY P tY injury. Mr. BonDurant stated that that was correct. Mr. Jim O'Donnell, at attorney for the resident living in the 100 block of Angela Boulevard, spoke in favor of the proposed ordinance. He stated that his elderly mother lives in this area and is frightened when she see individuals congregating on her property oftentimes destroyed shrubs, in c to include 50' litter. He suggested that 13-36 be amended � and grass and leaving § bushes g g gg from any thoroughfare for clarification purposes and further suggested that § 13-38 be amended to include the surcharge. He noted that ticket scalping activities'negatively impact residential Joint Meeting of the Health&Public Safety Committee and the Residential Neighborhoods Committee