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07-27-09 Common Council Minutes
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07-27-09 Common Council Minutes
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REGULAR MEETING JULY 27, 2009 <br /> <br /> <br /> <br />Council Attorney Kathleen Cekanski-Farrand stated that the cities that have that <br />provision, that it is discretionary, that only in those instances where there was not a lot of <br />children crossing that they have that authority. If they see a car that is clearly texting or <br />dialing they have that authority, but if it is not put in the ordinance they would not have <br />that authority. <br /> <br />Councilmember Rouse stated that he is very concern and very supportive in making this a <br />safer environment for the kids. He stated that in his opinion that the fine should be a <br />minimum of $500, and he made mention of that in committee, that he relates this to <br />driving through a work zone on a highway and the fine if $1,000 or imprisonment if there <br />is injury to the workers. He stated that he values the youth of South Bend and thinks that <br />$75.00 in the ordinance is on the low side and would like to see a minimum of $500 to <br />start off with and use this particular ordinance. He stated that the city wide ban that the <br />Mayor has suggested is probably more appropriate in his opinion, but certainly <br />supportive of the resource and work and the concerns that the three councilmember’s <br />have presented. <br /> <br />Councilmember Puzzello suggested that if the Council is more receptive to a city wide <br />ban than vote against the bill tonight, because she stated that she doesn’t believe that the <br />Council wants to have discussion tonight on a city-wide ban. <br /> <br />Councilmember White stated that she is in total agreement with Councilmember Rouse to <br />increase the penalties. She stated that it is helpful during the committee meetings where <br />there is the opportunity to hear from fellow Councilmember’s and the Administration as <br />well. She stated that part of their Health and Public Safety Committees goal and sponsors <br />of this particular bill before the Council tonight is to make sure that the Council has given <br />everyone the opportunity to weigh in and hear the various options and they have done <br />just that. She stated that she would not have any difficulties looking at the bill that is <br />before the Council tonight and amend the bill to increase the fines but also to clearly spell <br />out the next steps in regard to working with the administration and looking at a city wide <br />ban and need that as a part of the minutes but also to begin the level of discussion not <br />only with the various school corporations, both private and public, but also to make sure <br />that they have had a level of conversation with the police department in terms of <br />enforcement. She stated that any ordinance that they have that they will be discussing or <br />passing, the enforcement has and continues to be a critical issue. She stated that she <br />doesn’t believe anyone on this Council would want to pass a safety ordinance just to have <br />it on the books, the Council’s goal is to have these ordinances in place and enforced. She <br />stated that she believes they have the makings of a very good bill and continue to make <br />amendments and have discussions and would like to incorporate as many of the <br />recommendations that have been heard tonight and at the committee meeting this <br />afternoon. She stated that she doesn’t believe that a Councilmember has to vote against <br />this bill per say, but the Council needs to outline what those next steps should be to make <br />sure the comments and the feelings of the Council are including in the discussions as <br />well. <br /> <br />Councilmember Puzzello suggested that this is a time for questions and the time has gone <br />beyond that and now is the time for the public hearing and of course come back to the <br />Council again for discussion. <br /> <br />This being the time heretofore set for the Public Hearing on the above bill, proponents <br />and opponents were given an opportunity to be heard. <br /> <br />Mr. Herb Herendeen, 710 W. Washington, South Bend, Indiana, stated that he had two <br />thoughts for the Council to consider. He stated that he is in favor of protecting not only <br />children but also residents of a neighborhood. The threat of every rule of law has some <br />impact on benefitting the cause that is being tried to be solved. He stated that not every <br />crossing is going to catch everyone passing through a school zone using a cell phone, but <br />the threat thereof, just like a bank robbery is against the law, they still occur. He <br />suggested that re-evaluating this bill and putting more teeth into this bill as it develops is <br />probably a valid way to get it started. He also suggested that maybe adding people <br />walking and talking and texting in school zones should be banned also. He stated that it <br /> 5 <br /> <br />
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