03-08-04 Council Meeting Minutes

Home Browse Search

REGULAR MEETING MARCH 8, 2004 ordinance but rather by the provisions of Indiana Code §35-47-8-2. Mrs. Puzzello noted that the 2nd change affects Sec. 14-38 "Violations and Penalties". It is recommended that they be increased to $250.00 for the 1st violation, $500.00 for the 2nd violation and $1,000.00 for the 3rd violation. Mr. Ruszkowski further addressed the growing safety concerns that focus on the use of stun guns. Mr. Ruszkowski noted that the efficiency rate for stun guns is 95% , with 99% of individuals experiencing an instant incapacity. This compares to a 38% efficiency when firearms are fired. Mr. Ruszkowski stated that in light of many makes and models being made available to the general public, and the potential for police officers to be incapacitated by a civilian with the officer's firearm then left unprotected,he believes that regulations restricting the use of stun guns by civilians are necessary. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Charles Leone, City Attorney, 1400 County-City Building, South Bend, Indiana, spoke in favor of this bill. Mr. Leone noted that on behalf of Mayor Stephen Luecke, the entire administration supports the substitute version of this bill. Mr. Leone further noted that the issues raised by Sgt. Ruszkowski are the same concerns of the administration and therefore they support the bill as written. Ms. Juanita Dempsey, 1200 block South Bend, Indiana spoke in favor of this bill. Ms. Dempsey indicated that this type of weapon puts not only police officer's lives in jeopardy, it puts citizens at risk too. Ms. Dempsey further noted that she supports the police department and the passage of this bill. Ms. Trina Robinson, 1914 Lincolnway West, South Bend, Indiana, President of the Local Chapter of the NAACP. Ms. Robinson stated that if stun guns are so effective, there should never be any claims of excessive force with their use. The following individual spoke in opposition to this bill. Mrs. Rita Kopala, 66559 Ivy Rd., Lakeville, Indiana, spoke opposed to this bill. Mrs. Kopala informed the Council that by passing this bill tonight it is just another example of government taking away an individual's rights. In rebuttal, Councilmember Varner stated that the new law falls short of being effective. He noted that this is not the kind of bill that is going to solve the problem, it will only allow for a civil fine, however, he is supporting the ordinance. Councilmember Pfeifer noted that she wished we lived in a world where there were no guns, and that everyone respected rules and regulations, however that's just not the kind of world we live in. She stated that she will support any kind of new technology or advancement that will lessen any negative interaction between our law enforcement officers and citizens. Councilmember Pfeifer indicated that she will be supporting this ordinance. Councilmember Dieter thanked Sgt. Scott Ruszkowski and Councilmember Ann Puzzello for taking the lead and sponsoring this bill. He further thanked Council Attorney Kathleen Cekanski-Farrand for her time and expertise on this bill. Councilmember Dieter noted that this ordinance will be an effective tool for both sides, trained law enforcement officers as well as citizens. He thanked City Attorney Chuck Leone and Mayor Stephen Luecke for supporting this bill, and stated that he will be supporting this ordinance. -4-