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HomeMy WebLinkAboutAmending Chapter 20 Vehicles and Traffic (Vetoed)At the June 24, 1974, regular meeting of the Common Council, a vote was taken regarding the Mayor's veto of: ORDINANCE NO. 5686 -74 AN ORDINANCE AMENDING CHAPTER 20, VEHICLES AND TRAFFIC, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA (BICYCLES), passed by the Common Council on June 10, 1974, as amended, and officially vetoed by Mayor Miller on June 20, 1974. The Mayor's veto was upheld by a roll call vote of three nays (Councilmen Serge, Horvath and Newburn) and five ayes (Councilmen Szymkowiak, Miller, Taylor, Kopczynski and Nemeth) with Councilman Parent absent. A "nay" vote meant a vote to sustain the veto. VA. (aa � ,�j Barbara Byers, De uty City Clerk City of South Bend, Indiana ;r CITY OF SOUTH BEND South Bend, Indiana 48801 June 20, 1974 Jerry J. Miller Mayor 0 The Honorable Irene Gammon City Clerk County -City Building South Bend, Indiana 46601 Dear Mrs. Gammon: This letter will serve as my official no f tion to veto Ordinance Number 5685 -74 and Ordinance Numbe 686 -74 for the following reasons. The proposed ordinance serves little purpose as a law because it is a voluntary law and would be just as effective as a resolution encouraging citizens to register and license their bicycles. Since 1940, the City of South Bend has had a mandatory bicycle license. There are more reasons today to continue this manda- tory procedure if enforcement measures are present than to switch to voluntary procedures. While a bicycle fund is established according to this ordinance, the benefits would go to both those who have registered bikes and those who have not. Therefore, there are not equal services or protection to all citizens. The Common Council Committee on Public Safety held two meetings prior to the filing of the recommended amendments on Ordinance Number 5650 -74 on May 22, 1974, with people representing the following groups: Valley Wheelers Club, local bicycle dealers, and parents with children. Also attending were committee members Taylor, Parent, and Horvath. The majority of those present were first opposed to any mandatory bicycle licensing, but after further study and discussion, the amendments favoring this mandatory licensing were filed nineteen days before the Council meeting of June 10. Another Public Safety Committee Meeting was held after the filing of the proposed amendments prior to the June 10 meeting The Honorable Irene Gammon Page two June 20, 1974 At no time did Councilman Nemeth attend these meetings, submit in writing, or publicize his proposed amendments before June 10. By not referring his suggestions to the Public Safety Committee and by submitting his amendments to the Council after the public hearing had been closed on the amendments proposed by the Public Safety Committee at the June 10 meeting, he did not use proper councilmanic procedures. By denying citizen participation and the democratic process,,. Councilman Nemeth ignored established precedent. Bicycle thefts have decreased 290 and the percentage of bicycles recovered and returned has tripled to 3357 since the mandatory bicycle registration was put into effect a little over a month ago. An enforceable ordinance is a crucial instrument of the total crime reduction effort by the City of South Bend. The Bureau of Police is restricted from effectively administering a controlled pro- gram by the proposed amendments. There was no study of Section 2 dealing with bicycle safety and traffic ordinances. The bicycle clubs and those who have participated in the hearings have actively contributed to the ordinance proposed by the Public Safety Committee and have also contributed to its content. It would be a serious breach of the democratic process to disregard all of this citizen input. cc: Mr. Peter J. Nemeth, South Bend Common Council FILED IN CLERK'S OFFICE JUN 2 01974 Irene Gammon CITY CLERK, SCUM BEND, IND. ORDINANCE No. 5686 -74 Passed by the Common Council of the City of South Bend, IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Ind'ana JUNE 11, rn 74 M Clerk Of Common Council IRENE K. GAMMON Approved and signed by me iq Clerk ORDINANCE NO. 5686 -74 AN ORDINANCE AMENDING CHAPTER 20, VEHICLES AND TRAFFIC, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. Sections 31 through and including Section 43 of Article 4, Chapter 20 of the Municipal Code of the City of South Bend, Indiana, are hereby deleted. Article 4, Chapter 20 of said code is amended as follows: Sec. 20 -31 Definitions. (a) Bicycle. A bicycle is defined as a vehicle whose weight rests on wheels, none of which are less than sixteen (16) inches in diameter, and which utilizes direct physical human power as its major source of propulsion. A vehicle utilizing a gasoline engine or some other such device as its major source of propulsion is excluded from this definition. (b) Bicyclist. Bicyclist means every person who rides or is in actual physical control of a bicycle. Sec. 20 -32 Bicycles; licenses required. Any person who uses or operates a bicycle upon any of the public alleys, streets, parkways, thoroughfares, public school property, park property and city property in the City of South Bend may obtain a license from the City Controller or his designee. Sec. 20 -33 License issuance and term. (a) The City Controller or his designee is authorized and directed to issue all licenses. (b) All the licenses issued under the provisions of this Article shall expire on June 1, three (3) years after issuance. Sec. 20 -34 License decal and registration specifications. (a) The City Controller shall provide license decals or other licensing device, together with the appropriate regis- tration forms. The license decals shall bear consecutive numbers or combinations of letters with the numbers indicating the year for which the same are issued and the name "South Bend" and "Bicycle" stamped thereon. The license decal shall be composed of a material suitable to withstand wear and the elements for a period of three (3) years and shall be affixed in such a manner that it cannot be easily removed or removed whole. The license decal shall be kept clean, and affixed in a clear, unobstructed location on the seat tube of the bicycle whenever possible and shall remain in such position during the life of the license. (b) The Chief of the Fire Bureau or his designee shall affix the decal or other licensing device in the designated place. (c) The Chief of the Fire Bureau or his designee shall mark in a designated place and manner the registration number of all bicycles which do not have a serial number inscribed on the frame of the bicycle or when such serial number has been obliterated. Sec. 20 -35 License fees. (a) The license fee to be paid for each bicycle for a three (3) year license shall be One Dollar ($1.00) and each renewal thereof shall be One Dollar ($1.00). The license fee to be paid for each bicycle for a two (2) year license shall be Seventy -Five Cents ($0.75) and each renewal thereof shall be One Dollar ($1.00). The license fee to be paid for each bicycle for a one (1) year license shall be Fifty Cents ($0.50) and each renewal thereof shall be One Dollar ($1.00). All license fees shall be paid to the Special Fund at the time of registration. (b) Bicycles registered under the ordinance in effect prior to April 8, 1974, with a currently valid license shall pay only a Seventy -Five Cent ($0.75) license fee for the first -time registration under this ordinance. (c) Upon loss of any license decal, and upon application and satisfactory evidence of such loss, a new license shall be issued upon the payment of a fee of Twenty -Five Cents ($0.25). Sec. 20 -36 Bicycle Fund. (a) There is hereby created a Bicycle Fund. All fees generated by the bicycle registration ordinance shall be deposited in the Bicycle Fund. (b) The monies deposited in the Bicycle Fund shall be appropriated in the usual manner to defray the cost of implementing the bicycle registration ordinance, to promote the safety of bicyclists and to improve public bicycling facilities. (c) All monies remaining in the Bicycle Fund at the end of the city's fiscal year shall remain in the fund and not revert to the General Fund. Sec. 20 -37 Records and registration forms. (a) The owner shall receive a copy of the regis- tration form and shall retain it as proof of ownership. (b) The City Controller shall receive a copy of the registration form and record all registration forms. (c) The Chief of the Police Bureau or his designee shall receive and computerize all registration forms. Sec. 20 -38 Destruction or removal of bicycle numbers, decals or other approved licensing device. No person shall willfully or maliciously destroy, mutilate or alter the serial numbers of any bicycle, nor shall any person willfully remove, destroy or mutilate any approved license or registration form during the time in which the registration is effective. SECTION II. Whosoever operates any bicycle in viola- tion of any provision of this Article or in violation of the state traffic laws or provisions of this code or traffic ordinances of the city, as they relate to street traffic and insofar as the laws are applicable, shall be guilty of a misdemeanor and, upon conviction, shall be fined a sum not to exceed $100. SECTION III. I£ any section, sub - section, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by a court with competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. -2- SECTION IV. This ordinance shall be in full force and effect from ands its passage by the Common Council, approval by the Mayor and legal publication as required by law. Member of the c8pmon Coun Passed June 10, 1974, as amended. -3- Tommiffn Irporf On fkt Touunou fQounrd of 144 Tug of omo4 Wrnd: Your Committee of the Whole to whom was referred AN ORDINANCE AMENDING CHAPTER 20, VEHICLES AND TRAFFIC, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. Respectfully report that they have examined the matter and that in their opinion the Ordinance should go to the Council favorably, as amended below: In Sec. 20 -31, delete paragraphs (c) and (d). Sec. 20 -32 shall be amended to read: Any person who uses or operates a bicycle upon any of the public alleys, streets, parkways, thoroughfares, public school property, park property and city property in the City of South Bend may obtain a license from the City Controller or his designee. In Sec. 20 -33 (a), delete the words "Director of Public Safety" and insert the words "City Controller ". In Sec. 20 -33 (b), delete the word "April" and insert the word "June ". In Sec. 20 -34 (a), delete reference to the Director of Administration and Finance. Paragraph (a) to read: The City Controller shall provide license decals or other licensing device, together with the appropriate registration forms. (remainder of paragraph is same) Delete Sec. 20 -35. Renumber Sec. 20 -36 to Sec. 20 -35. Renumber Sec. 20 -37 to Sec. 20 -36. In Sec. 20 -38 (b), delete the words "Director of the Department of Administration and Finance" and insert the words "City Controller ". FqE[ pq ElB i pYBlI4MIHG <O. COMMITTEE OF THE WHOLE REPORT (CONTINUED) Renumber Sec. 20 -38 to Sec. 20 -37. In Sec. 20 -39, delete the words "Public Safety Department" from the third and fourth lines. Renumber Sec. 20 -39 to Sec. 20 -38. Delete Sec. 20 -40. Delete Sec. 20 -41. Delete Section II and insert the following in its place: Whosoever operates any bicycle in violation of any provision of this Article or in violation of the state traffic laws or provisions of this code or traffic ordinances of the city, as they relate to street traffic and insofar as the laws are applicable, shall be guilty of a mis- demeanor and, upon conviction, shall be fined a sum not to exceed $100. In Section IV, delete the words "except Section 20 -41 which shall be effective July 15, 1974" and insert the words "as required by law ". Odell Newburn Chairman