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HomeMy WebLinkAbout05-25-05 Health & Public Safety Health and Public Safety Committee 2005 South Bend Common Council The May 25, 2005 meeting of the Health and Public Safety Committee was called to order at 4:00 p.m. by its Chairperson, Council Member Karen L. White, in the Council's Informal Meeting Room. Persons in attendance included Council Members Pnzzello, Kelly, White, and Varner, Assistant City Attorney Ann-Carol Nash, City Attorney Charles Leone, Police Chief Thomas Fautz, Legal Intern Sarah Troyer, Kathleen Cekanski-Farrand, Council Attorney, and Jeff Parrot of the South Bend Tribune. Council Member White noted that the Committee members include Council Members Rouse, Varner,Kuspa and herself. Council Member White noted that the meeting was called to have discussion of amendments to the Disorderly House Ordinance. Council Member Pl»7ello noted that noise is one of several problems which has negatively affected her Council District, noting however that it is a city-wide issue. She held a meeting at the Robinson Center on March 15, 2005 where five (5) main issues were identified. It was agreed that the issues would be worked on and that any new legislation should be in effect by August 1st. She also noted that she began holding meetings with people in her District last year who voiced great concern about student parties which get out of hand, have too many people, noise, sell cups for alcoholic beverages, litter, and underage drinking. Some of the areas affected are along Angela Boulevard, Pokagon, Wooded Estates, East Washington, Northeast Neighborhood, and Harter Heights. She added that there are rumors that South Bend does not do anything about these problems. City Attorney Charles Leone stated that problems have also been at Turtle Creek, Campus View and Castle Point. Council Member White noted that there are no problems around IUSB. Police Chief Thomas Fautz sees these problems as major problems since they drain police manpower. Officers take alot of abuse and they need tools like the ordinance being proposed. The police car cameras may provide supplementary evidence for such violations. He stated that he would still like to ticket. Council Member Pnzzello noted that Bloomington, Indiana regulates parties which have over 40 people in attendance and require a permit. Assistant City Attorney Ann-Carol Nash then provided copies of the draft ordinance (copy attached). She noted that often our police work with the Excise Police. Notice would have to be given with the City Attorney's Office sending notice to the owner of the property and the occupants. If after notice they may then be subject to an injunction and a fine of up to $2,500 for May 25,2005 Health and Public Safety Committee of the 2005 South Bend Common Council -page 1- each day of violation. She stated that under the current ordinance several notices have been sent but have not gone to trial on any. Mr. Leone stated that they will rely on information from the police and what they actually observed. Dr. Varner inquired about the process of getting the Universities involved. Chief Fautz stated that in the past Chuck Hurley would come on a regular basis for the University of Notre Dame. Council Member White stated that IUSB regulates on-campus as well as off-campus conduct of its students. The Council Attorney inquired about separating the items in the ordinance which require a "reasonable suspicion" threshold to be reached versus those which require a "probable cause" standard; to which Chief Fautz stated he would prefer staying with probable cause for all. Asst. City Attorney asked everyone to review the draft ordinance so that first reading could take place in early July. Council Member Puzzello stated that once the final version of the ordinance is in place that she would like to have it sent to all of the colleges and universities well in advance of the students coming. Council Member White requested comments to be sent by May 31st and that another committee meeting would be called for June 22nd at 4 pm to continue discussions. There being no further business to come before the Committee, Council Member White adjourned the Committee meeting at 4:45 p.m. Respectfully submitted, oun ' Member Karen L. White, Chairperson Health and Public Safety Committee KCF:kmf Attachment May 25,2005 Health and Public Safety Committee of the 2005 South Bend Common Council -page 2-