GOSHEN —
Bringing a close to several months of discussions and delays, the Goshen City Council on Tuesday approved a controversial sidewalk ordinance prohibiting people from blocking pedestrian traffic within the city limits. The final vote was unanimous.
The ordinance, officially known as Ordinance 4679, was originally brought before the council several months ago following complaints by community members and downtown businesses that there is a growing problem with youth congregating on the sidewalks and blocking pedestrian access to storefronts during Goshen’s First Fridays.
Passage of the ordinance has not come easy, however, with passage failing or being delayed for the past two council sessions. During their April 17 meeting, council members voted to delay their vote in order to allow them time to see whether an increased police force and the addition of nearly three dozen community ambassadors would have a positive affect on keeping the peace during the upcoming May First Fridays event.
While results following May’s First Fridays event did appear to indicate improvement, a majority of council members Tuesday appeared to agree that an enforceable ordinance is still needed in order to keep future First Fridays events from getting out of hand.
Among those speaking to the merits of the new ordinance Tuesday was Goshen Police Chief Wade Branson, who informed the council that he recently met with County Prosecutor Curtis Hill and was essentially told that the city would be on its own if it chose to try to enforce any kind of sidewalk ordinance.
“(Hill) told me that he thought it was a poor use of resources to prosecute for the misdemeanor obstructing of pedestrian traffic, and he also told me that he did not believe the current statute was meant for events like First Friday,” Branson said. “After leaving him I can tell you he is not going to prosecute misdemeanor obstructing the way we look at it for First Fridays. It’s off the books with him, and since he is the prosecutor, that’s the way it’s going to go.”
Branson said he supports what the ordinance is intending to do, and sees it as a good thing for the city.
“I still support the ordinance,” Branson said. “I understand you think it will still be a minor tool, but still a tool for police. I also think the ambassadors program that’s going on is a great idea. I think they’re wonderful to have uptown and I hope they continue what they’re doing.”
Goshen Mayor Allan Kauffman appeared to agree.
“I don’t know what percentage of kids are great kids, but the vast majority of kids that come down for First Fridays are great kids,” Kauffman said. “This is a tool that allows us to deal with the kids that don’t want to exhibit those good behaviors.
“The goal of First Fridays was to enhance the economic vitality of downtown, and if what happens downtown drives customers away, if it causes businesses to not want to be open, the goal of First Fridays is not being met.”
Among those to oppose the new ordinance was Richard Aguirre, director of public relations for Goshen College, who indicated he felt passage of the ordinance now would be premature. Even so, Aguirre said if passage was going to take place Tuesday, he had several suggestions that may make it more palatable to its opponents.
Councilman Jeremy Stutsman introduced a couple of those suggestions as an amendment. They include a sunset provision that would allow the council to revisit the need for the ordinance this coming November and lowering the recommended fine for violators of the ordinance from $500 to $200.
A vote was taken to amend the ordinance and that amendment passed 5:2.
“I believe this is a good starting point to see how this works,” Stutsman said. “And it keeps the conversation going.”
Councilmen Jim McKee and Ed Ahlersmeyer each voted against amending the ordinance.
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Related Photos
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Goshen police Lt. Brad Hershberger and reserve officer Alex Rosales watch over the crowd during First Friday April 6. The City Council approved an ordinance Tuesday night that will allow police officers to cite people for blocking sidewalks during First Fridays. SAM HOUSEHOLDER
Goshen City Council paves way for sidewalk ordinance
Fines of $200 will help keep youth from blocking walk ways during First Fridays.
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