06-13-05 Council Meeting Minutes

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REGULAR MEETINGJUNE 13, 2005 BILL NO. 30-05 PUBLIC HEARING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 14, ARTICLE 2, SECTION 14-8 OF THE SOUTH BEND MUNICIPAL CODE TO CLARIFY EXCEPTIONS TO CURFEW VIOLATIONS Councilmember Kuspa made a motion to consider the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, Health and Public Safety Committee, reported that this committee met this afternoon on this substitute version of this bill and sends it to the Council with a favorable recommendation. Ms. Aladean DeRose, Chief Assistant City Attorney, 1400 County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. DeRose advised that the difference between the ordinance as originally submitted and this substitute is at subsection (c) of Municipal Code §14-8. The new language clarifies that a minor who participates in an activity at the direction of a parent, guardian or custodian must have in his/her possession an actual writing signed by the appropriate adult which directs the minor to participate in such an activity. This reduces the risk of false claims about adult permission. Ms. DeRose further advised that within the last year a federal court invalidated Indiana’s criminal curfew ordinance on constitutional grounds, holding that it violated parental rights to control the upbringing of a child. The Indiana General Assembly proposed an amendment to cure the constitutional defect in the Indiana Criminal law, but due to more pressing issues, did not pass the legislation. Ms. DeRose stated that it is the legal department’s opinion that civil penalties for curfew violations are not subject to the same constitutional scrutiny as criminal penalties. Nonetheless, in the interest of parents within the City, we propose to amend South Bend’s curfew ordinance to exempt from curfew regulation those minors who are participating in an activity for which they have written parental permission. This language is identical to that proposed by the General Assembly in its last session. The attached ordinance also makes a gender change in language and adds another exception included in the state criminal law for minors who are passing through Indiana for other state or international destinations. Police Chief Thomas Fautz, 701 W. Sample Street, South Bend, Indiana, advised that the South Bend Police Department believes that the City’s civil curfew laws are an effective tool in curtailing crime by minors and protecting minors from crime victimization. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember White made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RECONSIDERATION OF BILL NO. 30-05 At this time Councilmember Rouse made a motion that the Council give consideration to Bill No. 30-05 due to an error found in the bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Council Attorney Kathleen Cekanski-Farrand advised that in Section I (d) (4) to strike the period and add a semicolon and the word or. Councilmember Varner made a motion to amend substitute Bill No. 30-05. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. 4