03-23-11 Health & Public Safety Committee

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i�q'�� ;� '��- , ' Q � f tl .�Jl �• �� . ��'.� ��' t' t �` "''��i�' Health and Public Safety Committee 2011 South Bend Common Council The March 23, 2011 meeting of the Health and Public Safety Committee of the South Bend Common Council was called to order by its Chairperson, Council Member Karen L. White at 3:35 p.m. in the Council's Informal Meeting Room. Persons in attendance included Council Members Varner, Dieter, White, Puzzello, Oliver Davis, and Henry Davis, Jr., Citizen Member Marcus Ellison, Assistant to the Mayor Lynn Coleman, Code Enforcement Director Catherine Toppel, Assistant City Attorney Ann-Carol Nash, Legal Intern Thushanti Dharmawardua, Timothy P. Hudak, and Kathleen Cekanski- Farrand, Council Attorney. Council Member White noted that the Committee Members include Council Members Puzzello, Rouse, Henry Davis, Jr., Citizen Member March Ellison and herself as Chairperson. She noted that there was a quorum of the Committee. Citv-Wide Approaches to Address GrafFiti: Council Member White noted that she called this Committee meeting so that discussion could take place on city-wide approaches to address graffiti. She noted that the topic was again raised at the last Common Council meeting. She added that the Health and Public Safety Committee identified graffiti as a topic which needed attention at its annual activities and goal setting committee meeting held earlier this year. She further noted that the topic of graffiti has been an ongoing topic of discussion going back to at least 2008. Council Member White stated that graffiti is not just a District problem, that it is a city-wide problem. Some Districts experience more tagging than others. She stated that the Administration, the Common Council and residents need to work together, since this is a quality of life issue. She then called upon the Council Attorney to give a summary. Council Attorney Kathleen Cekanski-Farrand then summarized her March 22, 2011 memorandum (copy attached) She noted that her files on graffiti go back to 2004. Relevant Indiana state laws on graffiti include: Indiana Code § 35-41-1-12.3 Definition of Graffiti Indiana Code § 35-41-1-4.6 Penalties for violation include community service and restitution Indiana Code § 31-37-19-17 Delinquent acts of graffiti may result in the Suspension of a driver's license or the invalidation Of a learner's permit Indiana Code § 35-43-1-2 Penalties for criminal mischief She noted that Council Member White requested information specifically on how the City of Elkhart addresses graffiti. She stated that Elkhart: