07-27-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING JULY 27, 2009 is worth giving it some consideration. He stated that he doesn’t mean them to be disrespectful but they are careless when they are talking and texting. Mr. John Thurin, 322 W. Washington, South Bend, Indiana, stated that he was at the committee meeting this afternoon and was quite taken and in support of the bill that is being presented tonight. He stated that the Council needs to enlarge the scope of thinking on this bill and consider the entire community, because it is a community wide issue. He stated that a study was conducted and that texting while driving caused 23% of all accidents than any other form of distraction. He stated that it was said that the most deadly message that could be sent from behind the wheel is responding to a texting message. He urged the Council to step back and widen their view. He questioned the urgency of this bill and what time frame is needed to get this in place. He stated years ago car seats for children was the big issue; before that it was air bags; before that was seat belts; and it took some time before those issues were put into place. He stated that this is not going to come to fruition overnight. He stated that it might be most cost effective to ban city wide rather than just in school zones because of the large number of school zones in the city. Ms. Maureen Bolton, 625 W. Colfax, South Bend, Indiana, stated that she is in favor of this bill. She agreed that it is a very good start and is in favor of raising the penalties. She also agreed with Councilmember Rouse that the $1,000 work zone fines and signage make you take pause. She stated that she is absolutely in favor of a city wide ban as well. Councilmember Henry Davis asked to have school zone defined. Council Attorney Kathleen Cekanski-Farrand stated that State Law defines a School Crossing Zone means a part of a roadway distinctly indicated for crossing by children on the way to or from school by lines or other markings on the surface of the roadway or by signs. She stated that it is under Title 9. She asked if Public Works Director Gary Gilot could add to that. Again all schools regardless of whether they are public or private fall under the same State Law and incorporated that definition so that there was clarity. Council Attorney Kathleen Cekanski-Farrand stated that it would only be effective in the legal jurisdiction of the City of South Bend. st Councilmember Oliver Davis asked for clarification on pre-school/kindergarten versus 1 grade through high school or what is defined as a school. Council Attorney Kathleen Cekanski-Farrand advised that Mr. Gilot and his staff have defined the school crossing zones that’s where it will apply. Councilmember Oliver Davis stated that he believes that education of these designated zones is critical so there will be no backlash. Council Attorney Kathleen Cekanski-Farrand advised that the question that Councilmember Oliver Davis and Mr. Thurin have raised tonight was one of the positives that came out of the cities of Dallas and Irving, Texas, that by the collaboration of schools working with the municipalities decreased the texting accidents significantly. Councilmember Oliver Davis reiterated the training of the school crossing guards. He feels that it is very imperative that they be trained. Council President Dieter stated that there are some things that need to be worked on in this bill, however, it is a good bill and he will be supporting it tonight. He stated that the fines do need to be adjusted higher; signage needs to be clear and at all school zone locations. He stated that as a South Bend Police Officer he will be enforcing this bill and would like to see clarification on school zone. 6