06-13-05 Health & Public Safety - Laserfiche WebLink

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Health and Public Safety Committee 2005 South Bend Common Council The June 13, 2005 meeting of the Health and Public Safety Committee was called to order at 4:35 p.m. by its Chairperson, Council Member Karen L. White, in the Council's Informal Meeting Room. Persons in attendance included: Council Members Dieter, Pfeifer, Puzzello, Varner, Rouse, Kelly, Kuspa and White; Chief Assistant City Attorney Aladean DeRose, Executive Director of the Department of Community and Economic Development Sharon Kendall, City Clerk John Voorde, Bill Carleton, Rita Kopola, Tedd Schaffer and Kathleen Cekanski-Farrand, Council Attorney. Council Member White noted that the Committee members include Council Members Rouse, Varner,Kuspa and herself. Council Member White then called for a presentation on Substitute Bill No. 30-05 which would amend Chapter 14, Article 2, Section 14-8 of the South Bend Municipal Code to clarify exceptions to the city's curfew violations. Chief Assistant City Attorney Aladean DeRose made the presentation. She stated that in light of the US District Court for the Southern District of Indiana recently finding Indiana's criminal curfew regulations to be unconstitutional for impermissibly interfering with a parent's constitutional right to determine a child's upbringing, the proposed ordinance is being recommended. Ms. DeRose stated that the three (3) highest arrests in 2003 were between 11 pm and 2:00 am. 11 pm was the 2nd highest crime hour, 12:00 am was the highest, and 1:00 am was the 3rd highest (June 9, 2005 memo attached). She added that the Indiana General Assembly did not amend the state law this year. The proposed ordinance is being requested by the SB Police Department. Council Member White inquired about the permission slip, noting that youth are very creative. She suggested that a form may be considered instead of a permission slip. Ms. DeRose stated that the police would run a copy of it and that the burden would be on the parent. Council Member Dieter inquired about the sanctions which would be imposed when it was determined that a permission slip was a fake. Ms. DeRose stated that that would result in a forgery of a record and that the JJC would become involved. The purpose of this part of the ordinance is to get juveniles off the streets. Council Member Dieter voiced concern about enforcement once the police has completed their duties noting that there is only a 25% collection rate on violations of the noise ordinance, and that over 500 violations have not been pursued to date by the legal department. June 13,2005 Health and Public Safety Committee of the 2005 South Bend Common Council -page 1-