Amend Chapter 13, by inclusion of Article 1, Entitled Gang Loitering regulations and Deleting Sections 13-55 and 13-56

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Ordinance No. ~ ~ ~0~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, BY THE INCLUSION OF NEW ARTICLE 1, ENTITLED GANG LOITERING REGULATIONS AND DELETING SECTIONS 13-55 AND 13-56 OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, acknowledges that on March 19, 2002, the Circuit Court of Cook County, Illinois, upheld the City of Chicago's gang loitering ordinance which had been passed by the Chicago City Council in February of 2000. That ordinance incorporates verbatim U.S. Supreme Court Justice O'Connor's definition of "gang loitering" which was set forth in City of Chicago v. Morales, 119 S.Ct. 1849 (1999) when the initial Chicago gang loitering ordinance was held to be unconstitutional under the vagueness doctrine on June 10, 1999, by a 6-3 decision. The new Chicago gang loitering ordinance authorized the Superintendent of Police to designate areas of the City for enforcement of the ordinance. Such designation followed in depth discussions with residents and groups within neighborhoods who were knowledgeable about the effects of gangs, guns and drugs in particular areas of Chicago. Loitering by criminal gang members was determined to create a justifiable fear for safety of persons and property because of such violence. The Chicago City Council concluded that aggressive action was necessary in order to preserve the streets and other public places so that the general public would be able to use such places without fear. The Council found that such loitering is often associated with trafficking in narcotics and controlled substances which intimidates law-abiding citizens, diminishes the value of adjoining property, and has the potential to destabilize communities and attract violent activities The Chicago gang loitering ordinance that was upheld as being constitutional also incorporated Justice Steven's plurality reasoning as to criminal purpose and the standards for police enforcement as to the purpose of the redrafted ordinance. As a result, the fatal errors in the initial ordinance of giving "too much discretion to the police and too little notice to citizens who wish to use public streets" were corrected. The right to loiter for innocent purposes was therefore protected under substantive due process provisions of the Constitution. The provisions of this ordinance are closely patterned after the gang loitering ordinance upheld as being constitutional in March of 2002 in Chicago. It is the result of meticulous and methodical research, discussions, and many public meetings held over the past four (4) years. Representatives from the City of South Bend including our Police Chief and the four (4) Regional Commanders of the Police Department, the Police Department attorney, a representative for Neighborhood Planning, a Council Member and the Council Attorney met in Chicago on August 13, 2002, with representatives of the Chicago Police Department and the General Counsels Office to see firsthand their operations. The South Bend Common Council acknowledges that street disorder continues to be a topic of concern in many American cities, including South Bend. Police departments, mayors, city councils and prosecutors continue to face an increased demand for action on panhandling, graffiti, camping in urban parks, sidewalk interference, excessive noise, public urination, street drug and prostitution markets and loitering". In recent years, gang loitering and narcotics-related loitering have further challenged the fragile threads which hold many of our neighborhoods together. The many forms of gang loitering have resulted in the quality of life in our city and specifically in our neighborhoods, being compromised by such disruptive activities.