10-22-73 Council Meeting Minutes

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a REGULAR MEETING OCTOBER 22 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE (CONTINUED) PUBLIC STREETS AND OTHER PUBLIC PLACES BETWEEN CERTAIN HOURS, AND TO RE- AFFIRM STATE STATUTE 9 -3204 PERTAINING TO CURFEW ENFORCEMENT FOR JUVENILES. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Patrick Gallagher, Public Safety Director, made the presentation for the ordinance. He indicated that much time and research had gone into the proposed ordinance which came about because of a conflict between the present city ordinance and the state statutes. He explained that, during the past 21 months, only 7 juveniles were liste< for curfew violations, while Elkhart County averages 200 such violations per month. He briefly went through the sections of the ordinance. He requested that the Council repeal the city's present ordinance and re- affirm the state statutes. He pointed out that the present ordinance was unenforceable. He then indicated that Mr. Mike Carrington and Mr. Harold Brueseke were present to explain further any questions the Council might have. Mrs. Vaszari, 830 South Falcon, indicated that she was in favor of such an ordinance; however, she felt that 11:00 p.m. was too late for 11 and 12 -year olds. She asked if a staggered time limit could be arrived at for the various age levels. She also questioned the 5:00 a.m. time period. Mr. Gallagher indicated that a juvenile was defined as "anyone under eighteen ". He felt that the city could make the ordinance stricter than the state statute; however, that a staggered curfew would be more difficult for the law enforcement officer. He hoped that the parents could exercise the necessary control over the 11 and 12 -year olds. Councilman Horvath indicated that juveniles did not always carry identifica- tion cards. He also felt that staggered times would be difficult and hard to enforce. Mrs. Elsie Britton, 3017 West Ford, asked about the 5:00 a.m. time period. She also mentioned that the paper had stated other times. Mr. Harold Brueseke, Juvenile Referee, indicated that the Common Council does not have any authority to adopt any ordinance dealing with juvenile delinquents that could be enforced. He explained the laws made by the legislature which deleted the power of the legis- lative body, the Common Council. He indicated that the Council could go on record supporting the state statutes and repealing the prior ordinance. He indicated that the Council could not adopt its own curfew ordinance establishing times. Council President Nemeth questioned the need for the ordinance. He felt the repeal of the prior ordinance was all that was necessary. He then moved to strike from the ordinance Section II, re- affirming the state statutes, seconded by Councilman Kopczynski. Mr. Carrington pointed out that, at the present time, the city ordinance sets a different time than the state statutes. He felt fair notice should be given to those persons con- cerned. Councilman Miller stated that the Council was anxious to repeal the prior ordinance. Mr. Gallagher indicated that the ordinance had been written at the advice of the Legal Department which repealed the city's ordinance and re- affirmed the state statutes. The motion to amend carriE Councilman Taylor objected. Councilman Kopczynski then made a motion that the ordinance go to the Council as favorable, as amended, seconded by Councilman Taylor. The motion carried. There being no further business to come before the Committee of the Whole, Councilman Taylor made a motion to rise and report to the Council, seconded by Councilman Kopczynski. The motion carried. ATTEST: CITY CLERK REGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers at 10:40 p.m., Council President Peter J. Nemeth presiding and nine members present. REPORT FROM THE COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your committee on the inspection and supervision of the minutes, would respect- fully report that they have inspected the minutes of the October 8, 1973, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Terry S. Miller Councilman Taylor made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Newburn. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Councilman Kopczynski made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Taylor. The motion carried by a roll call vote of nine ayes (Counci men Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REPORTS FROM AREA PLAN COMMISSION The Honorable Common Council October 17, 1973 City of South Bend County -City Building South Bend, Indiana In Re: A proposed ordinance and site development plan of Wilma K. Feltz, et al, to zone from Residential, "A" Height and Area, to "C" Commercial, "A" Height and Area, property located at 2017 West Dubail Street, City of South Bend. Gentlemen: