HomeMy WebLinkAbout11-10-14 Health and Public SafetyHealth & Public Safety Committee November 10, 2014
Committee Members Present Derek, Dieter, Tim Scott, Henry Davis Jr.,
Dr. Fred Ferlic
Other Council Present Karen White, Oliver Davis, Dr. David Varner,
Valerie Schey, Gavin Ferlic
Others Present Patrick Mullen, Amy Cressy, Media,
Paul Singleton, Tasha Outlaw, Mr. Emory,
Kathryn Roos, Brian Pawlowski, Keenan Lane
4:05pm Bill 59 -14 — Amend Sec. 6 -37.1 Municipal Code Addressing Vacant
Building maintenance /registration
This bill was continued to the December 8"' meeting.
Bill 60 -14 — Amending various sections of article 12 of chapter 13
addressing chronic problem property regulations
Tim Scott presented the bill. He said the bill would make some language changes to
the present ordinance. The ordinance was working well. The change would be on the
ownership part. Instead of an owner of a whole complex, the person leases or renting
would be fined for a chronic nuisance.
Henry wanted to know why has it come up now, why the change. Tim explained that
the subject came up with a complex and it was decided the ordinance needed to be
tweaked. Henry said he agreed he wanted to make sure that the individual causing the
nuisance was being fined and not necessarily the owner of a complex.
Bill 60 -14 was voted to move forward to council favorably.
Update on quality of life issue - Panhandling.
Amy Cressy from the St. Joseph County Prosecutors' office made the power point
presentation. (Copy attached)
Panhandling is a Class C Misdemeanor the maximum sentence is 60 days in jail and up
to a $500.00 fine. Panhandling is not illegal if someone is passively standing, sitting or
performing with a sign asking for a donation. Only illegal if someone is asking orally for
money for a performance or singing, etc. You cannot panhandle after sunset or before
sunrise. Not at a bus stop, in a vehicle, sidewalk dining area of a restaurant, within 20
feet of an ATM or entrance to a bank, cannot approach a person waiting in line to enter
an establishment. Can't approach a vehicle stopped in traffic unless the person has
approval by a unit of local government. Cannot touch a person without consent, block
passage to building or motor vehicle, no profane or abusive language or gestures during
or after solicitation to make someone fear for their safety. Cannot panhandle with more
than 1 person, cannot follow a person after they have declined to make a donation.
Under the state statute panhandlers can hold a sign that says "Give me money, I am
cold and starving" etc. as long as they don't say the words.
Public Intoxication is a Class B misdemeanor, maximum sentence, 180 days in jail, up
to a $1,000 fine. A person would have to be in a public place or place of public resort in
a state of intoxication by the use of alcohol or a controlled substance and endangering
the person's life, endanger the life of others, breaches the peace or is in imminent
danger of breaching the peace. Law enforcement officers may not take a person into
custody for public intoxication or minor consuming, etc. If that person has requested
emergency medical assistance for themselves or another person.
Questions
Mr. Emory — He says he has heard people come here to panhandle from Chicago
because it is safer here. No arrests.
Dr. Ferlic- How did the Mayor of New York get rid of the squeegee people. Amy replied
she only practices law here not in New York.
So if someone is drunk at a ND game and they are in the parking lot they can't be
arrested? Depends on the conduct.
Oliver Davis- How does this affect the busking ordinance the council has passed.
Again singing and performing are allowed as long as you don't ask for money.
Henry Davis, Jr. Why the spike in panhandlings, why are we talking about this now?
Are we getting reports on it?
Derek Dieter responded that he has received several calls about it and thought we
could get some updates on the quality of life ordinances and how they are working.
Susan Moore — How does this apply to private property. Such as a lady begging for
food then throwing any food behind the Brendan Hill sign. To prosecute has to be on
public property, Need trespassing signs for private property.
Jack Smith — What about knocking on you door with a trimmer asking to trim your trees
for money. Not trespassing unless you ask them to leave and they don't or are
threatening you with trimmers
Steve S. He has people coming in at night and asking for free pizza. This is public
property and he should call the police.
Derek Dieter adjourned the meeting at 4:46
Respectively Subm
Derek D. DiE