HomeMy WebLinkAbout06-13-05 Health & Public Safety Health and Public Safety Committee 2005 South Bend Common Council
The June 13, 2005 meeting of the Health and Public Safety Committee was called to order at
4:35 p.m. by its Chairperson, Council Member Karen L. White, in the Council's Informal
Meeting Room.
Persons in attendance included: Council Members Dieter, Pfeifer, Puzzello, Varner, Rouse,
Kelly, Kuspa and White; Chief Assistant City Attorney Aladean DeRose, Executive Director of
the Department of Community and Economic Development Sharon Kendall, City Clerk John
Voorde, Bill Carleton, Rita Kopola, Tedd Schaffer and Kathleen Cekanski-Farrand, Council
Attorney.
Council Member White noted that the Committee members include Council Members Rouse,
Varner,Kuspa and herself.
Council Member White then called for a presentation on Substitute Bill No. 30-05 which would
amend Chapter 14, Article 2, Section 14-8 of the South Bend Municipal Code to clarify
exceptions to the city's curfew violations.
Chief Assistant City Attorney Aladean DeRose made the presentation. She stated that in light of
the US District Court for the Southern District of Indiana recently finding Indiana's criminal
curfew regulations to be unconstitutional for impermissibly interfering with a parent's
constitutional right to determine a child's upbringing, the proposed ordinance is being
recommended.
Ms. DeRose stated that the three (3) highest arrests in 2003 were between 11 pm and 2:00 am.
11 pm was the 2nd highest crime hour, 12:00 am was the highest, and 1:00 am was the 3rd
highest (June 9, 2005 memo attached). She added that the Indiana General Assembly did not
amend the state law this year. The proposed ordinance is being requested by the SB Police
Department.
Council Member White inquired about the permission slip, noting that youth are very creative.
She suggested that a form may be considered instead of a permission slip. Ms. DeRose stated
that the police would run a copy of it and that the burden would be on the parent.
Council Member Dieter inquired about the sanctions which would be imposed when it was
determined that a permission slip was a fake. Ms. DeRose stated that that would result in a
forgery of a record and that the JJC would become involved. The purpose of this part of the
ordinance is to get juveniles off the streets.
Council Member Dieter voiced concern about enforcement once the police has completed their
duties noting that there is only a 25% collection rate on violations of the noise ordinance, and
that over 500 violations have not been pursued to date by the legal department.
June 13,2005 Health and Public Safety Committee of the 2005 South Bend Common Council -page 1-
Dr. Varner inquired whether the police could order a youth home if he or she is stopped and does
not have a legitimate note. Ms. DeRose stated that the police could if the officer determined that
there was noncompliance.
In response to a question from Council Member White, Ms. DeRose stated that the Police Chief
would like to begin enforcing the curfew ordinance and believes it would be helpful.
Council President Pfeifer stated that there are similarities to the gang/drug loitering ordinance.
Both allow the police to make a legitimate stop.
Council Member White noted that she sees the issue as one of enforcement and hopes that there
would be follow through by the Administration.
Ms. DeRose noted that an amendment to the state criminal statute would also be helpful.
Following discussion, Council Member Kuspa made a motion, seconded by Dr. Varner that
Substitute Bill No. 30-05 be recommended favorably to Council. The motion passed.
There being no further business to come before the Committee, Council Member White
adjourned the Committee meeting at 4:50 p.m.
Res$ec ly submitted,
s uncil Member Karen L. ite, Chairperson
Health and Public Safety Committee
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Attachments
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