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

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2002 South Bend Gang Loitering Ordinance--Substitute Bill No. 42-02 Page 2 Gang loitering is one of the prime street disorder problems in our city, and if left unresolved, may directly result in loss of population, in businesses leaving for suburban areas, and may jeopardize the city's economic viability to operate effectively and efficiently as a municipality. In order to propose constitutional and reasonable local regulations, and as a means to implement proper response strategies to address the problems of the many forms of gang loitering, the South Bend Common Council, in conjunction with Indiana University South Bend, SPEA Program, jointly sponsored three (3) conferences on loitering beginning in 1999. Community representatives from the City of Chicago, Illinois; the City of Seattle, Washington; legal scholars, neighborhood representatives, residents, members of law enforcement from communities from northern Indiana and southern Michigan came together and discussed the many aspects of different types of loitering. By focusing on solving these problems in partnership with the stakeholders of our community, namely the residents, business owners, police, social service providers, and neighborhood leaders, the Common Council has determined that realistic and constitutional goals and objectives can be established. This ordinance is timely and appropriate since many of the current city ordinances were passed prior to 1962 and are insufficient to address the aforementioned problems. Current local ordinances are inadequate to deal with problems posed by gang loitering and loitering as a means to facilitate trafficking in narcotics and controlled substances. The recommended regulations are neither overbroad nor vague, and are narrowly tailored to serve significant governmental interests. The ordinance is not vague since it gives individuals a reasonable opportunity to know what is prohibited, it limits the discretion of law enforcement when enforcing its provision so that such enforcement will not be arbitrary or discriminatory, and it does not inhibit individuals of exercising their constitutional rights of lawful assembly. The regulations will add significantly to the ability of the City of South Bend to maintain order in residential neighborhoods and other areas of the city by setting appropriate standards for behavior. It is believed that the passage of this ordinance would be in the best interests of our City by strengthening the provisions which address health, public safety and general welfare concerns. aPLObU, $G~j~i`~~OrB, ~~ it Or~~ItC~~ by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 13, Article 1, of the South Bend Municipal Code is hereby amended to read in its entirety as follows: ARTICLE I. GANG LOITERING REGULATIONS. Sec. 13-1. Legislative Findings and Intent. The Common Council of the City of South Bend, Indiana, makes the following findings of fact: 1. Quality of life issues are of paramount importance, affecting not only the physical well-being and safety of the City of South Bend's residents, but are vital to revitalizing the central business district, the older commercial strips, and our residential neighborhoods which must be recognized as being safe, secure and civil public spaces.