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HomeMy WebLinkAbout09-23-19 Health and Public Safety 4 SOUTH Br W PEACE a 1865 x" OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK HEALTH &PUBLIC SAFETY SEPTEMBER 23, 2019 3:48 P.M. Committee Members Present: Jo M. Broden, John Voorde, Karen White Committee Members Absent: Dr. Oliver Davis Other Council Present: Sharon McBride, Tim Scott Other Council Absent: Jake Teshka, Regina Williams-Preston, Gavin Ferlic, Others Present: Presenters: Agenda: Bill No. 30-19- Amending Chapter 13, Article 5, Section 13-75.5 of the South Bend Municipal Code Bill No. 38-19- Ordinance Amending Tall Grass and Weeds Bill No.30-19-Amending Chapter 13,Article 5,Section 13-75.5 of the South Bend Municipal Code Committee Vice Chair, Karen White stated, Yes, I think that as I look at this, President Scott and myself, most of you hopefully are aware that a group of us have been working for the last two (2) years to address the impact of synthetic drugs within our community. We've held a number of meetings, press releases and also workshops to begin to educate the community on the overall impact of synthetic drugs.Just recently,the first(1st)of July this year,the State of Indiana amended their bill. A law to really begin to strengthen the penalties. I'm going to ask our attorney to really walk us through what those changes were, and the overall impact. This is just amended to the text. Bob Palmer, Common Council Attorney, stated, The State statutory changes were two-fold. First (1S), they eliminated the term synthetic drug look alike. I believe that was the result of an Indiana Court of Appeals case which hinted at, if not directly hoping that phrase was unconstitutionally vague. So, they substituted at the end, controlled substance analog, hoping that would meet the constitutional challenges. So, we amended, or we proposed to amend our local ordinance to eliminate the references to synthetic drug look-alikes, and instead, substitute controlled substance analog. The other thing that the State statue did, which doesn't really affect our ordinance too much, but while possessing or dealing in synthetic drug look alike under the former statute, convictions under that statute were essentially infractions or misdemeanors. The State Legislature has now changed that. What ever the synthetic drug analog is designed to mimic, if you are found INTEGRITY' SERVICE'ACCESSIBILITY JENNIFER M.COFFMAN BIANCA L.TIRADO JOSEPH B MOLNAR CHIEF DEPUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 46601 I p 574.235.9221 I f 574.235.9173 I www.southbendin.gov •CITY OF SOUTH BEND OFFICE OF THE CLERK guilty of possession or dealing that drug, you are automatically charged with the corresponding felony of whatever that drug is mimicking. So, if you are dealing in a controlled substance analog that mimics cocaine, under the prior statue you would be, could be convicted of a misdemeanor at most, and now you are subject to an increased level of a federal offense. Councilmember Tim Scott stated, Just quickly. I appreciate the co-sponsor with Karen and Jo on this. You know, this is something when we started with the synthetic drug on disorderly houses, we know every year we're going to have to look at this and make sure that it's up to date. So, this is typically a language change,just to keep us relevant. Mr. Palmer stated, President Scott, it used to be that the statute changed what was considered to be a controlled substance analog or synthetic drug every year. More was added to it every year. We've tried to make our ordinance more inclusive to say that we adopt that statute as our definition as amended from time to time. So, as that statue is amended by the legislature, we don't have to necessarily have to amend our ordinance every year. Councilmember Tim Scott stated, What I guess I'm saying is, we're going to watch it. Committee Chair Jo M. Broden stated, So, it's paired with the legislative action? Mr. Palmer replied, Yes. I do have one(1) question in terms of section C. So, this actually goes beyond households. It goes to businesses. Is there any consideration or maybe this is too broad, but the section refers to disorderly house, is that too broad or is that misleading? Has anybody looked at that component of this since this is broader in its scope in terms of the actual entity? Mr. Palmer replied, I did not specifically look at that provision. That was copied from the earlier provision which is still included under disorderly house. Councilmember Tim Scott replied, Eight (8) years ago, I brought that up when we were talking about racketeering because we didn't have racketeering and drug dealing. Under Aladean's verbiage disorderly house can mean businesses, anything. So,what they mean by disorderly house is just that property defined by the house. Committee Chair Jo M. Broden asked, Is house actually defined in this too to be that encompassing? I just think it might be misleading to the general public. So,maybe we can look at that going forward. As long as it's comprehensive, and that's why I'm actually asking. I have to admit that I didn't know this until I got to the back part of the section. I knew that there was impact on businesses and licenses. To me,there could be more clarity,but we don't need to deal with that now. I think it's very important to get this, in my opinion, up to date and tie it with the changes that occur at the State level on a routine basis. Committee Chair Jo M. Broden opened the meeting up to the public and asked if there was anyone from the public wishing to either speak in favor or opposition of Bill No. 30-19. Seeing none, Committee Chair Jo M. Broden moved the meeting back over to the Committee. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574235.9221 f 574.235 9173 TTD574.235.5567 wywv.southbendin.goy 2 •CITYOFSOUTHBEND OFFICE OF THE CLERK Committeemember John Voorde made a motion to send Bill No. 30-19 to the full Council with a favorable recommendation.The motion was seconded by Committee Vice Chair,Karen White and carried with a voice vote of four(4) ayes. Bill No. 38-19-Ordinance Amending Tall Grass and Weeds Councilmember Tim Scott stated, This stems out of the tall grass ordinance that we already have on the books, and a small loophole that we found that can be detrimental into neighborhoods. We actually have a case where by using the current standing of the ordinance, we have a property that has decided that not cutting grass in a wildlife sanctuary was the definition to it. Using this, plus some State rules, they've decided that cutting grass is not an option for them anymore. So, what it's done is cause havoc among Code Enforcement, City Legal Department and also the neighbors. This was brought to my attention, and as originator of the Bill, I wanted to close that. What we did was clarified definitions of noxious weeds, and ranked it as vegetation, in the natural landscaping vegetation. This will not change the property that we have currently that has their wildlife sanctuary, but it will prevent anything going further. Mr. Palmer and I sat down with the City Legal Department and Code Enforcement and we thought that this was the best way to address this. Mr. Palmer stated, When this ordinance was first(1St) enacted a few years ago, the Indiana statute governing tall weeds and grass and other vegetation, did refer to a wildlife habitant certificate. That reference in the State statute has been eliminated. So, that term as used in this ordinance in the past, no longer exists in Indiana law. So, I thought that it was probably best to just eliminate that, which in turn eliminated the need for natural landscaping vegetation. As far as the property and issue that brought this up, I think maybe City Legal and Code Enforcement should look into that as to whether since it is new statute and new ordinance if any penalty or fine or anything with the new prospective homeowner, they should look to the possible reference of this to that plant owner. Committee Chair Jo M. Broden stated, I do have a couple questions. With the wiping out, the elimination of the natural landscape and vegetation, would it help a little in narrowing it just to the hydrophilic vegetation? It felt like it was going too narrow, and perhaps eliminating some of the more favorable plants and things for people doing it the right way. In terms of just definition, the rain gardens, I mean there are some things that we would want to promote. Water control, soil control, I mean there's all kinds of things. So, right now I'm not clear enough on or I guess I'm just feeling uncomfortable about the broadness of striking out the whole natural vegetation. I'm concerned about whether or not our definitions actually cover some of the more progressive things that people are doing or could be doing from an environmental stand point. Then also, I do think the herbicide question, I don't know if there's a way to narrow that. I know some communities have narrowed that use and even outlawed it in terms of the management practice because of the impact on bee population,but even more significantly,to what bees do in terms of pollinating. I'm just not up to speed on that issue to the level that it seems like this might, there might be an opportunity to get some improvements in kind of a local treatment management tools, but I don't know how to narrow that. Councilmember Tim Scott replied, We still have rain gardens in there. We still have hydrophilic plant vegetation, health control rain gardens, that type of thing. Herbicide, I think everybody EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION EMPOWERMENT 455 County-City Building 227W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f574.235.9173 1TD574.235.5567 www.southbendin.gov 3 CITY OFSOUTH BEND OFFICE OF THE CLERK * always goes to the toxic end of it. There are natural herbicides out there too. So, I think within that definition, I mean, we don't even have it for a definition, it's just mentioned in management tools. So, that to the discretion of whomever is using that. Mr. Palmer replied, Councilmember Broden, I think part of your question can also be answered by sub-paragraph H,defined as sustainable landscaping. To some extent that definition and the actual landscaping vegetation overlap. If it would help,we could probably amend sustainable landscaping to include parts of the deleted, the actual landscaping vegetation that you think are important. Committee Chair Jo M. Broden replied, I'm not pretending to be an expert on it,but I just feel like it's big.You know, swiping out an entire part, and especially because of definitions. Tell me about the wildlife habitat certification, and that no longer existing. Would that be in here? Mr. Palmer replied, It no longer exists under Indiana law,but what the statute that authorized Cities to do this referred to, it encouraged the use for the obtaining of a natural wildlife habitat certification. What that turns out to be is that you click on a link, you go to a website, you pay twenty-five ($25) dollars, and you get a certificate. The State Legislature as I mentioned, has eliminated that reference from the statute. It doesn't exist in Indiana law in any place.That website was not linked to Indiana. It's just a website appearing to just collect twenty-five($25) dollars for anybody who wants to have the certificate. Committee Chair Jo M. Broden replied, So, the native plants, prairie wildflowers, ornamental grasses, native woodlands, milkweed, if any of those grew above nine (9) inches, none of those would be allowed locally under this? Mr. Palmer replied, I'm not sure I understand your question. If it would be weeds or grasses, no, it would be subject to the ordinance limiting it to nine(9)inches. If it's something like wildflowers or ornamental grasses, something like that,there would be no nine(9)inch limitation. Essentially, it was native plants. Native Indiana plants,not on the Indiana list,it's in the statute. Which is what the natural wildlife habitat was supposed to check for, but it didn't. Committee Chair Jo M. Broden stated, with no other questions from the Committee, we will turn it to the public for any comment. Is there anyone wishing to speak in favor or in opposition of Bill No. 19-63? Seeing none, we will turn it back to the Committee. Committee Vice Chair Karen White made a motion to send Bill No. 19-63 to the full Council with a favorable recommendation. The motion was seconded by Committeemember John Voorde and carried with a voice vote of four(4) ayes, and one (1) nay. With no further business, Committee Chair Jo M. Broden made a motion to adjourn the Health and Public Safety Committee meeting. Respectfully Submitted, f . Broden, Committee Chair EXCELLENCE ACCOUNTABILITY INNOVATION I INCLUSION EMPOWERMENT 455 County-City Building 227W Jefferson Bvld South Bend.Indiana 46601 p 574.235.9221 f 574.235.9173 TTD 574.235.5567 vwwv.southbendin.gov 4