02-21-94 Council Special Meeting Minutes

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SPECIAL MEETING FEBRUARY 21, 1994 ROLL CALL Present: Council Members Luecke, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Ladewski Absent: None Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Ladewski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on February 21, 1994 at 7:10 p.m., with nine members present. Council Member Kelly presiding. BILL NO. 10 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ANIMALS AND FOWL ". This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Puzzello. The motion carried. Council Member Ladewski reported that the Health and Public Safety Committee had met on this bill and recommended it to the Council favorable. Council Member Zakrzewski made the presentation for the bill. He indicated the bill should be amended on page 5, Article 4.5 to remove the words "Other Potentially Dangerous Dogs" and change it to "Dangerous Animals ", and Section 5 -47 after last amount add a sentence "Pet owners who are fifty -five (55) years or older and disabled persons utilizing a dog or cat shall pay the amount of the annual fees listed for each cat or dog which has been microchipped. Fees paid to have a dog or cat provided with a microchip identification tag shall be divided as follows: $15.00 to the duly authorized third party of the City providing such service; and $5 to the City." Council Member Coleman made a motion to accept these amendments, seconded by Council Member Ladewski. The motion carried. Council Member Zakrzewski explained that a dangerous animal under this bill means - it has, off of its property, attacked another animal; or it has attacked or attempted to attack, unprovoked, any human being on or off its owners property. He indicated this bill establishes the the duties of the Animal Control Commission. He indicated that an animal of any type cannot be raffled, and anyone with less than five (5) acres cannot have a pot bellied pigs, and annual vaccinations for dogs and cats are required. Jackie Worlowski, representative of the Humane Society, spoke in favor of this bill. Dr. Glickman, Purdue University, spoke regarding rabies. He indicated in 1981 there were more rabid cats than dogs. Jeff Gorman, 6003 Fellows, president of the Humane Society, spoke in favor of this bill. Joyce Boaler, 1606 Hillsdale; Linda Petill, 2806 Hickory Rd.; spoke in favor of the bill. Barbara Brownell, 1606 Sunnymede, spoke in favor of the bill, except for cats. Pat McKelvey, 468 S. Greenlawn, asked questions regarding having your dog microchipped, and why a pot bellied pig required so much space. Pat Bryan, 2606 Wall St., indicated she was against the registration fee and microchipping, because disabled people are on fixed incomes. Chuck Norton, 1129 N. Hickory and Sharon Beam, Mishawaka, spoke against dogs being microchipped. Jeff Polansky, 925 E. Washington, asked how long a dog is kept at the Humane Society before it is euthanized. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Ladewski. The motion carried. BILL NO. 11 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 9 ENTITLED "SELECTED WEAPONS AND INSTRUMENTS OF VIOLENCE PROHIBITED ". This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Ladewski reported that the Health and Public Safety Committee had met on this bill and recommended it to the Council favorable. Council Member Kelly made the presentation for the bill. Council Member Luecke made a motion to accept the substitute bill and file with the City Clerk, seconded by Council Member Ladewski. The motion carried. Council Member Kelly indicated that last year there were 19 homicides in the City and 11 of them were gun related. He indicated this bill was another tool that could be used to help with the "fight against crime." Michael Barnes, County Prosecutor, spoke in support of this anti -crime bill. He indicated there was purpose for any assault weapon, other than to harm a fellow citizen. Mayor Kernan indicated this bill does not prohibit the ownership of properly licensed weapons. He indicated he did not understand why weapons of war are needed to protect ourselves. Richard Nussbaum, City Attorney, indicated that this bill was a first step, and we would hope our Federal representatives would have the courage to ban assault weapons. He indicated that the second amendment applies to the legislature and action taken by the Federal government. He indicated the people have the right to bear arms and there is in fact an individual right in the State of Indiana to bear arms and we could not have an absolute ban on hand guns in Indiana. Kathleen Cekanski - Farrand, Council attorney, indicated that the testimony submitted on Thursday, will be a part of the Public Safety Committee minutes, as well as documents handed out this evening. Ronald Marciniak, Police Chief, and Officer Mark Mersich, spoke in favor of this bill indicating it will serve as a tool against violence in the community. Police Lt. Lynn Coleman, commander of the Juvenile Department, indicated his concern is for kids sake and anything we can do to protect our community is a positive step. Gregory Blanford, attorney, spoke in favor of this bill. Council Member Luecke made a motion to amend this bill on page 3 by striking sub - Section 3 and renumbering the remaining