HomeMy WebLinkAbout9596-05 Amend CHapter 14, Article 2, Section 14-8 - Clarify Exception to Curfew ViolationORDINANCE No.
9596-05
Passed by the Common Council of the City of South Bend, Indiana
June 13,
Attest:
Attest:
~f
20 05
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
June 14, 20 05
City Clerk
Approved and signed by me ~ u n e 15 , 20 0 5
Mayor
BILL N0.30-05
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ORDINANCE NO. - l ~ q ~O ~~S
AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA AMENDING
CHAPTER 14, ARTICLE 2, SECTION 14-8 OF THE SOUTH BEND MUNICIPAL
CODE TO CLARIFY EXCEPTIONS TO CURFEW VIOLATIONS
STATEMENT OF PURPOSE AND INTENT
The South Bend Municipal Code provides several exceptions to compliance with its curfew
ordinance for children between the ages of fifteen through seventeen. In light of recent judicial
interpretations ofcurfew restriction laws, it is necessary to amend the exception provision (Section
14-8) of the City's curfew law (Chapter 14, Article 2, Sections 14-6 through 14-11).
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCII. OF THE CITY
OF SOUTH BEND, IlVDIANA that Chapter 14, Article 2, Section 14-8 be amended as follows:
Section I. Chapter 14, Article 2, Section 14-8 of the South Bend Municipal Code is amended
to read as follows:
This article shall not apply to a child who is:
(a) Accompanied by his the child's parent, guardian or custodian;
(b) Accompanied by an adult specified by his the child's parent,
guardian or custodian; or
(c) Participating in an activity
undertaken at the written direction of and si fined by the child's parent,
guardian or custodian which directive the child has in his or her
possession; or
(d) Participating in, going to, or returning home from:
(1) Lawful employment;
(2) School sanctioned activity;
(3) A religious event; or
(4) An activity sponsored by a civic or public
organization that provides recreation, education or
other care under the supervision of at least one adult,
or any activity amevcnt which directly involves the
child's rights of free speech, or assembly, or any other
i~ ht protected by the First Amendment to the United
States Constitution, or by Article I. Section 31 of the
Indiana Constitution; or
(e) Engaged in lawful interstate or international travel from a location
outside Indiana to another location outside Indiana.
Section II. This Ordinance shall be in full force and effect from and after the time it has been
adopted by the Common Council and approval by the Mayor.
Member, South Bend Com n Council
Attes
City Jerk
Presented by me to the Mayor of the City of South Bend, Indiana on the ^~ day of
~ ~-~- , 2 0.S , at 1 ~~~~ o'clock ~. m.
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f°-(~w~( City Cle
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Approved and signed by me on the ~`~ day of ~~ , 2~' , at S~ o'clock
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Mayor, City o ~ outh Bend, Indiana
1 st READING ~L3~~ ~as~s-~.,~'V~,s~` ~"~ ~'~,,,rw,r~e~~-c,,
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NOT APPROVED
REFERRED ~ ~~ ~ _
PASSED 6 '\ 3 -aI" ~ S S w ~~ , ~ t~'*-c~~
Filed nl Clerk's Office
JUit -' 3 ~~~,~
JOHN VOORDE
CRY CLERK, S_~D=-iN' -
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
30-05 A BILL OF THE CITY OF SOUTH BEND, INDIANA
AMENDING CHAPTER 14, ARTICLE 2, SECTION 14-8
OF THE SOUTH BEND MUNICIPAL CODE TO CLARIFY
EXCEPTIONS TO CURFEW VIOLATIONS
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with a favorable recommendation as
substituted by adding a minor should have a written note from the guardian and
amended by adding ; or at the end of section I, subsection (d) after Indiana Constitution
and the end of the paragraph.
Roland Kelly
Chairman
1400 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIaxa 46601-1830
PFIONE 5741235-9241
Fax 574/235-9892
TDD 574/ 235-5567
CITY OF SOUTH BEND STEPHEN 3. LUECKE, MAYOR
DEPARTMENT OF LAW
CHARLES S. LEONE ALADEAN M. DEROSE
CrIYATTORNEY June 3, LOOS CHIEF ASSISTANTCITYATTORNEY
Ms. Charlotte Pfeifer
President, South Bend Common Council
4"' Floor, County-City Building
South Bend, IN 46601
Re: Substitute Bill No. 30-OS Amending the City's Curfew Ordinance
Dear Ms. Pfeifer:
Attached is a Substitute Bill No. 30-OS amending the City's curfew ordinance. The difference
between the ordinance as originally submitted and this substitute is at subsection (c) of Municipal
Code § 14-8. The new language clarifies that a minor who participates in an activity at the direction
of a parent, guardian or custodian must have in his/her possession an actual writing signed by the
appropriate adult which directs the minor to participate in such an activity. This reduces the risk of
false claims about adult permission.
Thank you for your acceptance of this substitute version.
Sincerely,
~,~
~~ ~ ~~
Aladean M. DeRose
Chief Assistant City Attorney
AMD/cw
cc: Chief Fautz, w/encl.
JOvti VOORDE
CITY CLERK, 50.9END,1l1.
~1ed n it C erk's Of~ic®
~,_.
~ #.
THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH
JEFFREY M. JANKOWSHI JOHN R. LIVINGSTON JEFFREY L. SANFORD JOHN E. BRODEN