HomeMy WebLinkAboutProhibiting Carless Operation of Vehicles in the CityORDINANCE No. 4679�
Passed by the Common Council of the City of South Bend,
Presented by me to the Mayor of the City of South Bend,
Clerk
of Common Council
Clerk
IDEAL PRESS
No.
AN ORDINANCE PROHIBITING CARELESS
OPERATION OF VEHICLES IN THE CITY,
DEFINING TERMS, AND REPEALING ALL
ORDINANCES IN CONFLICT_.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA:
ARTICLE 1.
SECTION I. PURPOSE: Whereas, there now exists no positive law
regulating careless operation of vehicles, with the result that
in many instances faulty driving practices which cannot now be
prosecuted lead to bodily injury or property damage, it is hereby
determined that in the interest of safe operation of vehicles
upon the streets of this City, it is a public necessity that an
Ordinance prohibiting careless operation of vehicles be adopted.
SECTION.II# -- DEFINITIONS: The words, terms and phrases used in
this Ordinance shall have the meanings ascribed to them in that
certain Ordinance known as "The Traffic Code of the City,1t being
Chapter 25, Section 2, of an Ordinance duly enacted and adopted
by the Common Council of the City of South Bend, Indiana, on
the 14th day of October, 1963, numbered 4608 -63, and known as
"Municipal Code of the City of South Bend, Indiana, 1962.{°
ARTICLE II.
SECTION III. CARELESS OPERATION OF VEHICLES: It is unlawful
to operate a vehicle upon the public streets of the City of
South Bend, Indiana, with careless disregard for, or indifferent
lack of attention to, surrounding conditions and circumstances,
if such operation results in damage to any property or in bodily
injury to any person.
ARTICLE IV.
SECTION IV: REPEAL: This Ordinance
effect from and after its enactment,
and all ordinances in conflict
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NOT AFMYED
REFERRED
PASSED 'G�L
shall be in full force and
adoption and legal publication;
MEMORANDUM
Subject: Validity of Careless Driving Ordinance
A. Authority of Council to Legislate:
R
C.
The enabling act states clearly:
"The common council of every city shall have power to enact
ordinances for the following purposes:
xxx
"Thirty- first. To prevent immoderate and careless riding
or driving....."
Burns' Ind. Ann. Stat., § 48 -1407, Cl. 31.
No Pre - emption Problem:
Section 9 -2402, providing that any Ordinance which purports
to punish conduct made punishable by statute is void and
unenforceable, is no problem. "Careless operation," being
directed toward indifferent, inadvertent or, perhaps,
negligent operation is no wise comparable to reckless driving,
the only state statute known to me to approach the kind of
factual problem involved. Numerous cases are available on the
proposition that "carelessness and negligence" etc. are words',
to express concepts bottomed in unintentional, non -purposive
conduct, while "recklessness" focuses on purposive'abandonment�
borders on "wilfulness," is equated with ''wantonness," and
almost, from a psychological viewpoint, requires intent.
No Problem With the Specific Statute:
Burns', Section 47 -1$28 lists the 11 areas in which local
authorities will not be prevented from adopting ordinances.
It is entirely negative. It does not follow that; therefore,
they can't regulate anything else (point being that regulating
"careless driving" is not one of the listed areas), for not
only do you have 48- 1407, Clause 31, you also have § 47- 1$27:
"xxx Local authorities may, however, adopt additional traffic
regulations with respect to streets and highways under their
jurisdiction, which are not in conflict with the provisions
of this act."
D. Cases:
I didn't dig up cases. L will if need be.
!Conclusion:
The proposed Ordinance is valid, the council has authority
to adopt it or something else of similar nature, and the need
exists because
Myron J. Hack
Tvmmtttrr Irpnrt
(Xo the Tunawn Tounrd of t4r Tug of ooutk Brut: august 10, 1964
Your committee of the Whole
to whom was referred "AN ORDINANCE PROHIBITING CARELESS OPERATION OF VEHICLES IN THE CITY,
DEFINING TERMS, AND REPEALING ALL.ORDINANCES IN CONFLICT ".
Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council
as favorable.
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