07-27-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING JULY 27, 2009 stated that on file with office of the City Clerk is a map which shows the many public and private schools located throughout the city. She noted that on July 1, 2009, a new Indiana State Law will take effect which prohibits a drive of a vehicle under the age of eighteen (18) to operate a vehicle while using a telecommunication device, except for 911 emergencies. She stated that the committee believes that this ordinance will compliment the new state law. Councilmember White noted that both the City Administration and Police Department shared information regarding this bill. Councilmember Puzzello noted that the concern about public safety in school zones was discussed during meetings with the School Crossing Guards. She stated that due to budget constraints the number school crossing guards were going to be reduced for the 2009/2010 school year. She stated that with less supervision in school zones this bill was necessary for student safety. She noted that the proposed bill would prohibit a drive from sing a hand-held telephone and other hand-held telecommunication devise to send, read or write a text while driving in a school crossing zone. Such prohibitions would be on school days, during the hours that the school crossing zone is in effect; or where signs are posted. She noted that emergency vehicle drivers would be exempt. A driver using a hands-free mobile telephone in a hands-free manner would be exempt. A driver who is reporting a 911 emergency would be exempt. A driver using a hands-free mobile telephone in a hands-free manner would be exempt. A driver who is reporting a 911 st emergency would be exempt. She stated that the penalties would be $75 for the 1 nd violation; $125 for the 2 violation and $250 for all subsequent violations. She stated that if a person violates this ordinance and causes an accident the fine would automatically be $250.00. She noted that this is just a first step for this bill and that there would be more fine tuning but this is a step in the right direction. Councilmember LaFountain advised that the trend across the country and studies have shown that distracted driving by the use of cell phones is the #1 problem causing accidents. He stated that during the discussions with the crossing guards and learning of the number of people who are busy dialing their cell phones while cruising through these areas that something need to be done. He stated that this bill would prevent dangerous circumstances and is a vital step in that direction. Council Attorney Kathleen Cekanski-Farrand added as a part of the discussion that were held they also gave copies of the draft ordinance to the Superintendent of the South Bend Community School Corporation who in turn sent a letter which is now on file in the Office of the City Clerk in favor of this bill and also have a letter from Uniform Division Chief Jeff Walters, South Bend Police Department also supporting the efforts. She stated that the Councilmember’s sponsoring the bill noted that they did extensive discussions and researched how other communities were handling this and those that were successful had a very pro-active communication with their school systems and parents. She stated that is why if the Council goes forward with this bill tonight there is still a 30 day period for advertising before it would take effect that would also give the opportunity for the City of South Bend to work very closely with the schools and as Councilmember Oliver Davis noted to work with all schools both public and private would be contacted with that 30 day window also gives the Council the time to deal with issues in regard to enforcement and working with the police department, and Mr. Kapsa, SBCSC Superintendent, specifically stated that he has began discussions just last week with regard to all public safety issues and add this to their agenda. She stated that Public Service Announcements are also vital if the Council goes forward with a bill like this. Councilmember White asked Council Attorney Kathleen Cekanski-Farrand to speak to the cost issue. Council Attorney Kathleen Cekanski-Farrand stated that the cost with regard to the signage was discussed with the City Administration, Mr. Gary Gilot, Director, Public Works was very conscientious as always with regard to getting a pro-type and the costs ranges between $100-$142 with regard to the reflective type sign the posting that is necessary to meet all the state law requirements. She stated that there are a few Councilmember’s that are considering amending the fines to help off set that cost. The projected numbers were about $11,000 that Mr. Gilot reported at the committee meeting 3