07-22-13 Common Council Meeting Minutes

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REGULAR MEETING JULY 22, 2013 Councilmembers Oliver Davis, 1801 S. Nash, South Bend, Indiana and Tim Scott, 711 Forest Avenue, South Bend, Indiana, made the presentation for this bill. They thanked fellow co- sponsors Councilmember’s White and Dieter. Councilmember Oliver Davis stated that there have been a growing public health and safety concerns in light of moped accidents and the number of mopeds being stolen, He noted that regulations in other Indiana cities have been reviewed, Evansville in 2010, Terre Haute, 2011, Richmond, 2010 and Kokomo’s in 2012. Councilmember Davis highlighted some key components of the Ordinance. Tail and brake lights are required on all mopeds and shall remain operable at all time while the moped is in operation, with the headlamp having an intensity to illuminate a distance of not less than one hundred feet. No passengers are permitted on any moped operated with in the City. No moped shall be operated in any bicycle lane or bike lane within the City. No moped shall be operated with the City by any City resident that does not display an affixed valid registration decal on the moped which has been issued by the South Bend Police Department. All owners of a moped who reside in the City and who operate or permit their moped to be operated on streets within the City must have the moped inspected and registered annually with the South Bend Police Department. The annual registration form shall be complete in person at the South Bend Police Department headquarters. Councilmember Scott advised that this bill compliments Indiana State Law which already prohibits anyone under 15 years of age to operate a moped. Prohibits mopeds on interstate highways & sidewalks, prohibits going faster than 25 mph, and requires protective headgear, glass, goggles or transparent face shield if under 18 years of age with state violation being a Class C Infraction. Local city safety regulations would require tail & brake lights 7 headlamp must be on at all times when in operation; no passengers on mopeds; no mopeds in bike lanes and require a valid registration decal affixed to the moped which has been issued by SBPD. Councilmember Scott stated that any business which rents mopeds must have protective headgear & opportunity to purchase insurance. The initial registration fee is $20.00 and $15.00 Annual renewal registration fee. Councilmember Scott clarified that registration shall be for a st term of one (1) year, commencing May 1 and expiring the last day of April of the following year. However, for purpose of initial implementation, any registration decal issued in 2013, shall remain in effect until the last day of April 2015. He stated that the dedication of fines/fees collected fifty (50%) percent of all fines and fees collected for any violation of this Article shall be deposited into the Law Enforcement Continuing Education Fund (Fund#220.) Councilmember Henry Davis, Jr.: What is the cost for those figures? Is there a cost associated with those stickers for the City? Councilmember Scott: There is a cost, we haven’t defined the exact graphic for the stickers, they are a non-removable metallic type of sticker and cost is approximately less than a buck a sticker. Councilmember Henry Davis Jr.: Really, ok would you be interested in amending your fee for the licensing potentially bringing it down to about $10.00 perhaps? Because the cost is just $1.00 and I made the point earlier about people who actually use mopeds because of poverty, low-income, lost their license, $25.00 could potentially be a lot of money to a teenager who uses the moped to go back and forth to work, just asking, because they only cost a $1.00 for the sticker, could we be a little more conscientious about the fee and lower it down to about $10.00 instead. Councilmember Scott: Just to reiterate Councilmember Davis, the initial fee is $20.00, $15.00 st thereafter so the 1 year it is initially is $20.00 for the registration. You have to understand the cost of the officer or someone in administration to collect the data, input the data, and make sure that it is entered into the database. Councilmember Henry Davis Jr.: That is their job. Councilmember Scott: There are other costs associated to that fee. Councilmember Henry Davis Jr.: I just asked you what the costs for doing this and you said that you haven’t been able exact that cost, so now you are telling me there is cost. So, what is the cost? 16