HomeMy WebLinkAbout08-14-00 Health & Public Safety Health and Public Safety Committee
South Bend Common Council
The August 14,2000 meeting of the Utilities Committee was called to order by its
Chairperson, Council Member Andrew Ujdak at 4:20 pm in the Council Informal Meeting
Room.
Persons in attendance included: Council Members: Aranowski,Pfeifer,King,Varner,
Kelly,Ujdak,Kirsits, and Coleman; Isabelle Gonzalez,Citizen Member,City Attorney John
Broden, Terry Bland of the South Bend Tribune,and Kathleen Cekanski-Farrand, Council
Attorney.
Council Member Ujdak welcomed Isabelle Gonzalez who is the new citizen member of
the Health and Public Safety Committee.
Council Member Ujdak stated that the first item on the agenda was to review Substitute
Bill No. 61-00 which would amend Chapter 14,Article 2, Section 14-8 of the South Bend
Municipal Code addressing exceptions to the curfew law.
City Attorney John Broden made the presentation. He noted that the proposed ordinance
is being proposed in light of the Indianapolis curfew ordinance being found unconstitutional by a
federal District Court. It was found in violation of the 4th Amendment in light of the drug
screening and breathalyzer screening methods used,as well as in violation of the 1st Amendment
as being overly broad. Mr. Broden stated that his department would work closely with the Police
Department for enforcement.
The Council Attorney inquired whether the City plans to lobby the state legislature to
change the enabling state law permitting cities to legislate in this area. She noted that current
state law does not address the areas proposed in the ordinance.
Mr. Broden stated that that would be an excellent suggestion and the the City would
follow up on proposing changes to the governing state law.
Following discussion, Council Member Kelly made a motion, seconded by Council
Member Kirsits that the Substitute Bill No. 61-00 be recommended favorably to Council. The
motion passed.
There being no further business to come before the Committee,the meeting was
adjourned at 4:30 p.m.
Respectfully submitted,
Council Member Andrew Ujdak
Chairperson
Health and Public Safety Committee
KCF:ak
Attachments •
Utilities Committee Meeting of August 14,2000