06-24-02 Council Meeting Minutes

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REGULAR MEETING JUNE 24, 2002 concealment of illegal activities which often have a secondary effect similar to Councilmember King's ordinance with regard to panhandling where vandalism, violence or intimidation results. Lastly, that law enforcement gives proper notice as far as what conduct is illegal so that innocent activity would not be encompassed within this ordinance itself. The South Bend ordinance closely follows the road map that was provided by the U. S. Supreme Court. The City of Chicago has shared lengthy and invaluable information including verbatim transcripts of committee meetings which took place when they passed their ordinance as well as a training video tape. There were five (5) criteria which the City of Chicago looked at when they were determining what is a hot spot and what the areas are where there should be enforcement of an ordinance of this type. Attorney Cekanski- Farrand noted that some of the factors considered and the reason this bill is being continued until the July 22nd meeting is to make sure that everyone is comfortable with the criteria that will be established. She noted that there would be an analysis of the crime within a proposed area and there would be input from community leaders, local community -based organizations, elected public officials, input from sector commanders and the special needs of the area. She noted that this ordinance has a proposed effective date of October 1, 2002 to enable the Council, the administration and Police Chief Bennett and his department time to work together in preparing the day to day regulations that are so important to the effectiveness of an ordinance of this type. In addition, there is much training that must take place and the City of Chicago has agreed to work with the City of South Bend with regard to that training if the City goes forward in passing this ordinance. Attorney Cekanski- Farrand noted that City Attorney Chuck Leone brought up two (2) items this afternoon at the committee level. One was who would be ultimately responsible for the designation of these hot spots which we have agreed to work out in the next several weeks having input from Chief Bennett in particular. The second item raised by Mr. Leone was the Philadelphia component with regard to community service for violators of the ordinance. Attorney Cekanski - Farrand noted that it is their desire to make this the best possible ordinance so it becomes the type of regulation that other communities of our size can emulate throughout this region. Councilmember Pfeifer reiterated that this ordinance was initiated because of concerns raised by residents. She noted that business owners and restaurant owners who want to come into our community have talked about this problem as well. She further noted that it was hoped that this ordinance would be in place this summer but what is important is that the City have an ordinance that they feel good about and that the Council have public input as well as input from the City administration, Councilmembers and the police. Councilmember Pfeifer also noted that they want to make sure that a good job is done of training police officers and neighbors so they can work together. Councilmember Kirsits asked if the City is in a stronger position adopting this ordinance with it being adopted neighborhood by neighborhood instead ofmaking it abroad City ordinance. He noted that he is concerned about this fact and whether it would withstand the constitutional test that way. He further noted that he is concerned about the City profiling neighborhoods. Council Attorney Kathleen Cekanski- Farrand stated that the City is in a stronger position adopting the ordinance this way. Another point that was brought up was why the City needs an ordinance of this type and why can't the City enforce what is currently on the books or the state law. Attorney Cekanski-Farrand noted that there are different standards with regard to reasonable suspicion. Reasonable suspension is what is necessary in order for an officer to make a proper dispersal order in a civil action like this. The City is attempting to carve out a civil tool to provide to police officers that will be pro active and that can hopefully address problems before they become greater problems of a more criminal nature. Councilmember White inquired what would happen if a neighborhood association decides not to participate but that particular neighborhood has been identified as being a hot spot. Can the ordinance still be enforced regardless if the neighborhood association decides not to participate? Attorney Kathleen Cekanski- Farrand stated that the ordinance as currently drafted does not INS