HomeMy WebLinkAboutAmend Chapter 14, Article 2, Section 14-8ORDINANCE No.
9125-00
Passed by the Common Council of the City of South Bend, Indiana
August 14,
Attest:
Attest:
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20
Presented by me to the Mayor of the City of Soirth Bend, Indiana
August 15, 20 00
City Clerk
President of Common Council
City Clerk
August 16,
Approved and signed by me ZO
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Mayor
ORDINANCE NO. ~ ~ ? S ~ ~
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
AMENDING CHAPTER 14, ARTICLE 2, SECTION 14-8 OF THE MUNICIPAL CODE
OF THE CITY OF SOUTH BEND
STATEMENT OF PURPOSE AND INTENT
This amendment to the City of South Bend's ordinance governing curfews for minors
provides an exception for political speech, association, and any other activities protected by the
First Amendment to the United States Constitution which may cause a child to be in a public
place past the time proscribed by the Ordinance. It also creates a new exception for emergency
errands performed by a child at the written direction of a parent, guardian or custodian.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend as follows:
SECTION I. Chapter 14, Article 2, Section 14-8 of the Municipal Code of the City of
South Bend be and hereby is amended to read as follows:
SECTION 14-8. EXCEPTIONS
This article shall not apply to a child who is:
(a) Accompanied by his parent, guardian or custodian;
(b) Accompanied by an adult specified by his parent, guardian or custodian; or
(c) Performing an emer~ency errand at the written direction of the child's parent,
guardian or custodian; or
{zj~d,) Participating in, going to, or returning home from:
(1) Lawful employment;
(2) School sanctioned activity; ar
(3) A religious event (Ord. No. 8135-90, § 1);; or
~4) An activity sponsored by a civic or public organization or an event
which directly involves the child's rights of free speech, or assembly protected by the
United States Constitution.
SECTION II. This Ordinance shall be in full force and effect from and after its passage
by the Common Council, approval by the mayor, and Publication as required by law.
Member, South Bend C~mt~~ Croiincil,_,_,:~_n__s _,r~,aT
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COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
61-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, AMENDING CHAPTER 14, ARTICLE 2, SECTION 14-8
OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND
Respectfully report that they have examined the matter and that in their opinion, this bill
comes to the full Council with a favorable recommendation, as substituted.
Andrew Uj dak
Chairman
1400 CouNTr-CrrY Bu1LD1Nc
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF LAW
JOHN E. BRODEN
CITYATTORNEY
Ms. Charlotte Pfeifer
President, South Bend Common Council
435 County-City Building
South Bend, IN 46601
Re: Curfew Ordinance -Amendment
Dear Ms. Pfeifer:
PHONE 219/ 235-9241
FAx 219/235-9892
TDD 219/ 235-5567
ALADEnN M. DERosE
July 19, 2000 CHIEF ASSISTANTCITYATTORNEY
A recent court decision by the U.S. District Court for the Southern District of Indiana
suggests that South Bend's curfew ordinance maybe constitutionally defective because it does
not adequately exclude activities protected by the First Amendment (free speech and assembly).
Furthermore, the Ordinance as it exists does not exclude emergency errands performed by the
minor at the parent's written direction.
To assure the City of South Bend that its curfew ordinance will withstand constitutional
scrutiny by a court of law, this office believes that the proposed amendments to the curfew
ordinance should be adopted by the Common Council.
Thank you for your consideration.
Sincerely,
~~
Aladean M. DeRose
Chief Assistant City Attorney
AMD/cw
THOMAS L. BODNAR CHERYL A. GREENS MICHELLE L. ENGEL
,JEFFREYM. JANKOWSKI ROBERT C. ROSENFELD ANN-CAROL NASH