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 3 2. Persons who engage in unlawful conduct in public places harass and unduly interfere with the lawful use and enjoyment of such public places thereby constituting a danger to the public health and safety. 3. It is appropriate for the protection of the public safety and welfare to enact reasonable regulations to ensure that public safety is not jeopardized by acts of loitering when they are committed for the purpose of intimidation, coercion, harassment, menacing or assaultive conduct in violation of applicable law. 4. Loitering in public places by criminal street gang members creates a justifiable fear for the safety of persons and property in the area resulting from the high rates of drug-dealing, shootings and vandalism often associated with such activities which intimidate law-abiding citizens, diminishes the value of nearby property, and has the potential to destablilze communities and attract further violence. 5. The existence of such gang loitering is often accompanied by secondary effects that are detrimental to the public health, safety, morals and general welfare of the citizens of South Bend, Indiana. Such secondary effects include significant criminal activity and activities injurious to the public health, safety, morals and general welfare of the community, detrimental effects on nearby businesses and residential areas and a decline in property values. 6. Current ordinances are inadequate to deal with the problems posed by gang loitering and loitering as a means to facilitate trafficking in narcotics and controlled substances since many depend upon the willingness of civilians to testify against gang members and drug dealers with civilians being reluctant to put themselves in harms way by providing such testimony. 7. This ordinance is further intended to detect and discourage the involvement of gang activities, to prevent the exploitation of minors, to effectively deploy the City's limited law enforcement resources, to protect the public health, safety, morals and general welfare, and to assist law enforcement in the enforcement of loitering regulations when associated with the violation of controlled substance and alcoholic beverage laws, assaults, and breaches of the peace which negatively impact the quality of life in the neighborhoods where it is allowed to persist. It is not the intent of the City that this ordinance have either the purpose or effect of suppressing lawful assembly or speech activities protected by the federal or state constitutions.