01-28-08 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING JANUARY 28, 2008 reinstating funding when the citizens see actual results. Mr. Niezgodski concluded by reiterating that the citizens of South bend deserve and must demand greater accountability and transparency from elected officials. COMMENTS FROM MR. STEPHEN RANGE REGARDING PIT BULL DOGS Mr. Range advised about Black Codes a terminology used after the Civil War and a term used to describe lawful ordinances that gave African Americans a set of 2"d Class Civil Rights. He stated that he believes that the City of South Bend has an ordinance that gives African Americans 2"d Class Civil Rights and those Ordinances can be found in Chapter 5 of the South Bend Municipal Code Entitled Animals and Fowl Article 1 Section 5-1. It defines American Pit Bull Terriers as dangerous and vicious animals as a whole. He stated that the definition of an American Pit Bull Terrier means that the breed of dog registered and described with the United Kennel Club and the American Dog Breeder's Association as the American Pit Bull Terrier also know as the Pit Bull Terrier and any cross breed of the American Pit Bull Terrier but does not include the breed known as the American Staffordshire Terrier. The American Pit Bull Terrier and the American Staffordshire Terrier is the exact same dog. The only difference between the two breeds is that it is more common for an African American to call their dog an American Pit Bull Terrier and the wealthier Caucasian to call their dog an American Staffordshire Terrier. Most dogs are registered with the AKC as an Amercian Staffordshire Terrier and dually registered with the UKC as an American Pit Bull Terrier. Mr. Range stated that means that you can have a dog registered as an American Staffordshire Terrier and an American Pit Bull Terrier. He stated that he has contacted numerous organizations throughout the United States such as the United States Custom Services Search and Rescue Team; St. Joseph County Center for Disease Control; ASPCA; the American Temperament Test Society which is based out of Indianapolis. He stated that he has read and study several court cases involving breed specific legislation of ordinances and they all agree that breed specific ordinances and legislation do not solve any problems when it comes down to the dangerous dog issues and they also all agree that breed specific ordinances and legislation are unconstitutional. Mr. Range stated that the American Temperament Test Society sent him a number of results from test that they conducted. The results noted that the American Pit Bull Terrier has passed the American Temperament Test Society with an 84.3% rating. When they tested the American Staffordshire Terrier they passed with an 83.9% rating. The Australian Shepard only passed with an 80.7%, the Golden Retriever 83.8%, Collie 79.2%. Mr. Range stated that the American Pit Bull Terrier passed the American Temperament Test Society's testing well above some of the other breeds that were tested and not considered dangerous and vicious. He urged the Council to take the time to sit down with him and take the necessary measures needed to amend this ordinance. COMMENTS FROM MR. GEORGE LANE REGARDING CITIZENS FOR ACCOUNTABILITY Mr. George Lane, 2405 Division St. Mishawaka, Indiana, advised that he is the Director of Citizens for Accountability of Government, Inc. He stated that they serve the entire State of Indiana. Mr. Lane stated that some members of his organization had contacted him regarding the article written on accountability and transparency in local government. Mr. Lane stated that he has called Mayor Luecke's office and relayed a message to the secretary that he should read the article written by Mr. Niezgodski. He stated that citizens are tired of the same old government and want accountability and transparency. Mr. Lane stated that he is trouble by the way elected officials respond to phone calls. He stated that he calls local officials quite regularly and in his opinion the local officials don't respond in a timely manner. It seems like they don't care whether they call you back or not. He stated that Mayor Luecke is very bad in returning phone calls. He stated that the Mayor has only called him back once on an issue regarding the road that divides South Bend and Mishawka. Mr. Lane stated that the Mayor works for the people, the people don't work for him. Mr. Lane stated that Councilmember Dieter never returned his phone call either. He stated that Councilmember Varner always returns his phone calls. No matter how many times he called Dr. Varner he always takes the time out of his busy schedule to return a phone call. He urged the Council to return phone calls when a constituent calls with a problem. 22