04-26-04 Council Meeting Minutes

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REGULAR MEETING APRIL 26, 2004 BILL NO. 24 -04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 4, SECTION 13 -57.05 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING VIOLATIONS AND PENALITIES FOR LOUD AND RAUCOUS NOISE Council President White made a motion to hear the substitute version of this bill. Councilmember Varner seconded by the motion which carried by a voice vote of (9) ayes. Councilmember Puzzello, Chairperson, Health and Public Safety Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Councilmember Derek D. Dieter informed the Council that he is a member of the South Bend Police Department and after discussing this matter with Council Attorney Kathleen Cekanski- Farrand that they concur that there is no conflict of interest. Councilmember Dieter, 1St District Council, 1135 Portage Avenue, South Bend, Indiana made the presentation for this bill. Councilmember Dieter indicated that the penalty for persons violating the loud and raucous noise regulations shall be raised from $50.00 to $100.00 for the first offense; from $100.00 to $250.00 for the second offense; and from $200.00 to $500.00 for the third offense and every subsequent. Councilmember Dieter stated that said he hoped by increasing the fines that there would be more of a deterrent to potential violators. Councilmember Dieter also informed the Council that the this bill would allow for the earmark of 100% of the monies collected to the Police Department Training Fund (Fund #220) and that all interest earned on monies deposited into Fund #220 would stay with that account. He also stated that this bill would require the Department of Administration and Finance to file by the last business day of each month a written report detailing the amount of money collected and the amount of interest earned. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Chief Thomas Fautz, South Bend Police Department, 701 W. Sample Street, South Bend, Indiana, spoke in favor of this bill. Chief Fautz indicated that last year police issued 605 citations for violations of the loud and raucous noise ordinance and collected more than $35,000.00. Chief Fautz informed the council that much of the result was the dedicating of extra patrols to address the problem. There was no one else wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 25 -04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITH CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING REGULATIONS GOVERNING THE COMMON COUNCIL Councilmember Kelly made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes.