06-24-02 Joint Committee Meeting Health & Public Safety and Residential Neighborhoods

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Meeting of the Health&Public Safety Committee and the Residential Neighborhoods Committee June 24, 2002 Page 3 "service provider", street stops, investigatory stops, reasonable suspicion and the various constitutional concerns related to enforcement. Council Member Pfeifer noted that she was providing for the record copies of the materials used from the 3rd loitering conference. She also noted that Notre Dame Law School Professor Charles Rice noted at one of the loitering conferences that"loitering is not a constitutional right". She again stressed the fact that all of the three (3) quality of life ordinances proposed for Council consideration originated from neighbors and residents. The proposed regulations are respectful of all of the parties involved and would require ongoing involvement of residents, neighborhood groups, businesses and law enforcement. City Attorney Charles Leone apologized for the lateness in providing his 2-page letter to the Council regarding the proposed ordinance (copy attached). Mr. Leone noted that the proposed changes to §§13-3(c and 13-4(c) are minor changes. The other changes are being proposed so that the regulations are enforceable as possible. He then highlighted his concern with regard to whether the Police Chief or the Council should ultimately determine the enforcement areas. Mr. Leone also voiced concern with regard to the proposed community service aspect of the ordinance. He stated that he would work with the Council Attorney on these items. Mr. Leone also noted for the record that the NNN did not have a vote on the proposed ordinance, but rather agreed to take a"wait and see approach". Mr. John Oxian stated that the Lincolnway Steering Committee were"all for it"when the ordinance was discussed. They would like it applied to Lincolnway, however noted that there are multiple neighborhood groups which represent Lincolnway and he hoped that it would apply for enforcement purposes. There were no members of the public to speak against the proposed ordinance. Council Member Ujdak questioned what type of an appeal process is involved if someone is cited. Both the City Attorney and the Council Attorney noted that any individual issued a citation would have the right to go before a Judge, and in most instances it would be before the Small Claims Division of the Superior Court. Council Member White noted that enforcement and training are two (2) key elements if the ordinance is going to be successful. She stated that she would feel more comfortable if the Chief of Police was present to voice his opinion on the proposed regulations. Council Member King stated that there have been a series of meetings in which Chief Bennett and members of his staff were in attendance in the preparation of the three (3) quality of life ordinances. Council Member King noted that the police department representatives were favorable at the time of such meetings and in fact encouraged Council Member Pfeifer and himself to move forward with the legislation. Council Member King did not that it has been some time since a meeting was held, and he would be in favor of getting the Police Chief's input. Council Member King concluded his remarks by noting that the proposed legislation would not have gotten as far as it is now without the positive response of the South Bend Police Department. He gave an example that incidents of a couple of weeks ago may have been helped if such legislation was on the books. Council Member Pfeifer also noted that the representatives from the police department who